Or. Admin. R. 461-135-1514 - Benefit Access and Use; P-EBT

Current through Register Vol. 61, No. 4, April 1, 2022

(1) P-EBT benefit eligibility is based solely on the individual circumstances of the studentor child, therefore, P-EBT benefits issued to an EBT account are to be used to provide meals and snacks for the P-EBT eligible individual, except for,
(a) When the P-EBT eligible individual has passed away, or
(b) When the P-EBT eligible individual is a SNAP participant at the time of P-EBT issuance, but not residing with the benefit group (see OAR 461-110-0750).
(2) P-EBT benefits, once issued, shall not be transferred to a new EBT account.
(3) P-EBT benefit EBT accounts that are not also the EBT account of a SNAP case, shall have only one active EBT card at a time. When a new EBT card is issued, the previous EBT card shall be cancelled.
(4) When an individual age six and younger is found eligible for "SNAP participant-based P-EBT" under subsection (2)(d) of OAR 461-135-1512, EBT accounts and EBT cards are handled as follows:
(a) P-EBT benefits are issued to the existing EBT account of the SNAP benefit group, and
(b) No additional EBT card is issued, unless
(c) A primary person (see OAR 461-001-0015) in the SNAP benefit group requests P-EBT benefits be issued separately. When this occurs:
(A) An EBT account is established in the name of the P-EBT eligible child, and
(B) An EBT card linked to the EBT account is sent to the address of the primary person.
(5) When an individual is found eligible for "NSLP student-based P-EBT" under subsection (2)(c) of OAR 461-135-1512, EBT accounts and EBT cards are handled as follows:
(a) NSLP students who are also SNAP participants-
(A) P-EBT benefits are issued to the existing EBT account of the SNAP benefit group, and
(B) No additional EBT card is issued, unless
(i) The Department determines an EBT card shall be issued to a different caretaker of the NSLP student under section (6) of this rule, or
(ii) A primary person (see OAR 461-001-0015) in the SNAP benefit group requests P-EBT benefits be issued separately.
(C) When paragraph (B) of this subsection occurs,
(i) An EBT account is established in the name of the P-EBT eligible child, and
(ii) An EBT card linked to the EBT account is sent to the caretaker or primary person, as determined appropriate by ODHS.
(b) All other NSLP students-
(A) An EBT account is established in the name of the NSLP student,
(B) An EBT card linked to the EBT account is sent to the address (reported to ODHS by ODE) of the NSLP student,
(C) Caretakers of the NSLP student will ensure the EBT card follows the P-EBT eligible individual, and
(D) No additional EBT card is issued, unless the Department determines an EBT card shall be issued to a different caretaker of the NSLP student under section (6) of this rule.
(6) The Department may issue a new EBT card when a caretaker reports to ODHS they are the primary caretaker and meal provider of an NSLP student and requests access to the individual's P-EBT benefits, as follows:
(a) The Department shall only make this evaluation and new EBT card issuance for individuals with NSLP student-based P-EBT (see OAR 461-135-1512(2)(c)).
(b) NSLP students whose P-EBT benefits are issued to the EBT account of a SNAP benefit group:
(A) Access to remaining P-EBT benefits issued to the EBT account of a SNAP benefit group is not permitted.
(B) Access to future P-EBT benefit issuances shall begin when the Department establishes an EBT account in the name of the NSLP student, issues a new EBT card to the primary caretaker, and completes all required changes in the system.
(C) A request for P-EBT benefit access made by the 10th of a month may result in access to the P-EBT benefits issued in the following month.
(c) NSLP students whose P-EBT benefits are issued to an EBT account in the student's name:
(A) Access to remaining P-EBT benefits begins on the date the Department issues the new EBT card. When a new EBT card is issued to a caretaker under this section, the previous EBT card is cancelled and access to any remaining P-EBT benefits through the cancelled card ends immediately.
(B) Access to future P-EBT benefit issuances shall begin on the date the Department issues the new EBT card.
(d) Evaluating a caretaker request for access to NSLP student-based P-EBT-
(A) There is a rebuttable presumption that the below individuals are the primary caretaker and meal provider:
(i) A caretaker granted sole legal custody,
(ii) An individual who has adopted the child,
(iii) The parent or guardian of a student temporarily away at school (e.g. attending boarding school) or a child attending but not residing at a Residential Child Care Institution, or
(iv) An emancipated child or a child independently responsible for their basic needs.
(B) When a request to access P-EBT comes from parents granted joint custody or an individual not listed in subsection (e) of this section, the Department shall request reasonable verification to assist in determining who is the primary caretaker and meal provider of the NSLP student. This may include, but is not limited to, parenting time schedules, statement from a healthcare or other professional, or a written affidavit from the caretaker.
(e) No notice is sent when access to the P-EBT benefits of an NSLP student is changed.

Notes

Or. Admin. R. 461-135-1514
SSP 27-2022, adopt filed 02/16/2022, effective 2/17/2022

Statutory/Other Authority: ORS 411.816

Statutes/Other Implemented: ORS 411.816, PL 116-127, PL 116-159, PL 116-260 & PL 117-2

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