Or. Admin. R. 461-165-0010 - Legal Status of Benefit Payments

(1) Under Oregon law, cash benefits are not subject to assignment, transfer, garnishment, levy, or execution, as long as they can be identified as program payments and are separate from other money in the client's possession.

(2) Except for electronic benefit transfer (EBT), the Department considers a benefit issued if the check has been handed to the client or vendor, or mailed to the client or vendor. The Department considers a benefit issued, and received by the client, when a direct check deposit is made to the client's or vendor's bank account.

(3) Cash benefits subject to refund or rebate (see OAR 461-145-0435) by a vendor are to be issued by the vendor to the client.

(4) For EBT, the Department considers benefits issued and received when an EBT card and personal identification number (PIN) have been issued in person to the client, or the EBT card and PIN have been received by the client in the mail, and the benefits have been deposited to the client's EBT account.

(a) Benefits issued by EBT remain available for client access for 12 calendar months from the date of issuance.

(b) The EBT system expunges unused benefits after 12 calendar months. These unused benefits are not restored to the client.

(5) Benefits, once issued, are unrestricted and do not require accountability for individual expenditures or amounts, unless limited elsewhere in rule.

(6) In the REF program:

(a) Cash benefits are provided to help meet the basic needs of low-income refugees and may not be used in any electronic benefit transfer transaction (see section (10) of this rule) in--

(A) Any liquor store (see section (10) of this rule);

(B) Any casino, gambling casino, or gaming establishment (see section (10) of this rule);

(C) Any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; or

(D) Any marijuana dispensary.

(b) The Department will take steps to ensure individuals have adequate access to their cash benefits.

(7) In the SFPSS and TANF programs:

(a) Cash benefits are provided to help meet the basic needs of low-income families with dependent children (see OAR 461-001-0000) and may not be used in any electronic benefit transfer transaction in--

(A) Any liquor store;

(B) Any casino, gambling casino, or gaming establishment;

(C) Any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; or

(D) Any marijuana dispensary.

(b) The Department will take steps to ensure individuals have adequate access to their cash benefits.

(8) For purposes of sections (6) and (7) of this rule:

(a) "Liquor store" means any retail establishment which sells exclusively or primarily intoxicating liquor. Such term does not include a grocery store which sells both intoxicating liquor and groceries including staple foods (as defined in section 3(r) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(r) )). The term "liquor" includes alcoholic beverages broadly, including beer and wine.

(b) "Casino, gambling casino, or gaming establishment" means an establishment with a primary purpose of accommodating the wagering of money, and does not include--

(A) A grocery store which sells groceries including such staple foods and which also offers, or is located within the same building or complex as, casino, gambling, or gaming activities; or

(B) Any other establishment that offers casino, gambling, or gaming activities incidental to the principal purpose of the business.

(c) "Electronic benefit transfer transaction" means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service.

(A) "Electronic benefit transfer transaction" includes transactions in Oregon, outside Oregon, and on tribal lands.

(B) "Electronic benefit transfer transaction" includes using or accessing cash benefits in a private bank account.

Notes

Or. Admin. R. 461-165-0010

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 11-1991, f. 4-30-91, cert. ef. 5-1-91; AFS 6-1994, f. & cert. ef. 4-1-94; AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97; SSP 13-2009, f. & cert. ef. 7-1-09; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 5-2013, f. &cert. ef. 2-6-13; SSP 19-2015, f. & cert. ef. 7/1/2015; SSP 23-2016, f. 6-28-16, cert. ef. 7/1/2016; SSP 45-2016, f. 12-20-16, cert. ef. 1/1/2017; SSP 23-2018, temporary amend filed 06/26/2018, effective 07/01/2018 through 12/27/2018; SSP 32-2018, amend filed 11/26/2018, effective 12/1/2018; SSP 44-2020, amend filed 12/22/2020, effective 1/1/2021

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.816, 412.006, 412.014 & 412.049

Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.117, 411.816, 411.837, 412.006, 412.014, 412.049 & 412.151