Or. Admin. R. 461-175-0210 - Notice Situation; Individual Moved or Whereabouts Unknown

(1) In all programs except the SNAP program, to end benefits for an individual who has moved out of Oregon and no longer meets residency requirements under OAR 461-120-0010, the Department sends the following decision notice (see OAR 461-001-0000):
(a) In the OSIP, OSIPM, QMB, REF, REFM, and TANF programs:
(A) The Department sends a timely continuing benefit decision notice (see OAR 461-001-0000) to the individual who has moved out of Oregon.
(B) The Department sends a basic decision notice (see OAR 461-001-0000) if the individual becomes eligible for benefits in another state.
(b) In the GA program:
(A) No decision notice is required to end housing assistance payments.
(B) The Department sends a timely continuing benefit decision notice to end Personal Incidental Fund and utility assistance payments.
(c) For Employment Payments (see OAR 461-001-0025 and 461-135-1270) and JPI (see OAR 461-135-1260), no decision notice is required if the Department determines that the benefit group (see OAR 461-110-0750) has moved out of Oregon.
(2) In the GA, OSIP, OSIPM, and QMB programs --
(a) If Department mail or benefits have been returned with no forwarding address, the Department gives the individual the benefits if the individual's whereabouts become known during the period covered by the returned benefits.
(b) If Department mail or benefits have been returned with no forwarding address and the individual's whereabouts remain unknown, the Department ends benefits by sending a basic decision notice to their last known address.
(3) In the SNAP program and for JPI --
(a) When the filing group is participating in the Change Report System (CRS) and:
(A) Department mail or benefits have been returned with no forwarding address, or with an Oregon address not yet reported to ODHS, the Department shall allow the filing group 10 days to meet residence and shelter cost reporting requirements under OAR 461-170-0011. If the information is not provided, the Department sends a timely continuing benefit decision notice.
(B) Department mail or benefits have been returned with an address outside of Oregon, no decision notice is required to end benefits.
(b) When the filing group is participating in the Simplified Reporting System (SRS) or Transitional Benefit Alternative (TBA),
(A) The Department shall not end SNAP program benefits when Department mail or benefits have been returned.
(B) The Department shall end benefits when the head of household (see OAR 461-001-0015) reports they moved out of Oregon and no longer meet residency requirements under OAR 461-120-0010, or when they are applying for benefits in another state. No decision notice is required.
(c) For JPI, notwithstanding any provision in this section and regardless of reporting system, no decision notice is required.
(4) In the REF, TA-DVS, and TANF programs --
(a) The Department shall not end program benefits due to return of Department mail or benefits. This includes when there is no forwarding address and the individual's whereabouts remain unknown.
(b) In the REF and TANF Programs,
(A) When an individual's whereabouts become unknown based on information other then return mail and the source of the information is another governmental agency; a private, non-profit agency; or first-hand knowledge of an ODHS staff member learned from the course of business, the Department shall allow the filing group 10 days to make their whereabouts known. If the information is not provided, the Department shall end benefits by sending the following decision notice to their last known address:
(i) Except for Employment Payments, a timely continuing benefit decision notice.
(ii) For Employment Payments, no decision notice is required.
(B) The Department shall give an individual the benefits that were returned if their whereabouts become known within 12 calendar months after issuance.
(5) See OAR 461-165-0130 for when benefits may be sent out of Oregon.

Notes

Or. Admin. R. 461-175-0210
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 32-2010, f. & cert. ef. 10-1-10; SSP 37-2011(Temp), f. 12-30-11, cert. ef. 1-1-12 thru 6-29-12; SSP 22-2012, f. 6-29-12, cert. ef. 6-30-12; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 33-2013(Temp), f. & cert. ef. 10-3-13 thru 3-30-14; SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 30-2014(Temp), f. & cert. ef. 11-14-14 thru 5-12-15; SSP 12-2015, f. 3-16-15, cert. ef. 4/1/2015; SSP 15-2016, f. & cert. ef. 4/1/2016; SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16; SSP 31-2016, f. & cert. ef. 9/1/2016; SSP 33-2017, amend filed 12/8/2017, effective 1/1/2018; SSP 36-2021, temporary amend filed 07/01/2021, effective 7/1/2021 through 12/27/2021; SSP 49-2021, amend filed 09/23/2021, effective 10/1/2021; SSP 39-2022, temporary amend filed 06/27/2022, effective 6/27/2022 through 12/11/2022; SSP 48-2022, amend filed 09/27/2022, effective 10/1/2022; SSP 20-2023, amend filed 06/22/2023, effective 7/1/2023

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 409.050, 413.085 & 414.685

Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049 & 409.010

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