Or. Admin. Code § 461-115-0450 - Periodic Redeterminations; SNAP
In the Supplemental Nutrition Assistance Program (SNAP), the Department selects the certification period (see OAR 461-001-0000) and the redetermination date based on the individual's circumstances and according to the following considerations:
(1) The
length of the certification period depends on how far in
advance the circumstances affecting the group's eligibility can be predicted
but may not exceed 12 months except as outlined in sections (2) and (4) of this
rule.
(2) The certification
period may be extended beyond 12 months in each of the following
situations:
(a) To the end of the
Transitional Benefit Alternative (TBA) period if the individual becomes
eligible for transitional benefits (see OAR
461-135-0506). If eligibility
for TBA ends early, the certification period is changed to end
on the last day of the month.
(b)
To include the month after the individual finishes working under a Temporary
Assistance for Needy Families (TANF) Job Opportunity and Basic Skills (JOBS)
Plus Agreement. If the agreement ends early, the certification
period is changed to end on the original recertification date or on
the last day of the month following the month in which the JOBS Plus agreement
ends, whichever is later.
(3) A certification period
of less than 12 months may be extended before the certification period ends,
not to exceed 12 months, in each of the following situations:
(a) A one- or two-month certification
period for expedited services when pending information is received,
and eligibility and benefit level is determined based on the new
information.
(b) An application or
a change report form is received and eligibility is reviewed.
(c) The report system changes from Change
Reporting System (CRS) to Simplified Reporting System (SRS).
(4) A certification
period of 24 months may be assigned for a filing
group (see OAR
461-110-0370) that meets the
following criteria:
(a) All
adult (see OAR
461-001-0015) members are
elderly or have a disability (see OAR
461-001-0015);
(b) The case is placed in SRS; and
(c) The filing group does
not receive any earned income.
(5) Any filing group with a
24-month certification period that no longer meets the
requirements of subsection (4)(a) will have their certification
period closed and the department will send the filing
group a timely decision notice (See OAR
461-001-0000). The
filing group may reapply for benefits.
(6) For each benefit group
(see OAR 461-110-0750) in which all
members are included in a cash or medical program, eligibility for SNAP and the
other program benefits is determined at the same time when
practicable.
(7) An individual
remains eligible for and continues to receive SNAP benefits on the normal
issuance cycle if the application for recertification is filed with the
Department and all required verification has been received by the Department:
(a) Not later than the 15th day of the month
in which the certification expires; or
(b) In the case of a benefit
group whose certification period is shorter than two
months, not later than the 15th day after the Department provides notice that
the certification period will expire.
(8) An individual who files an application
for recertification is eligible for a SNAP allotment without proration only if
the filing date (see OAR
461-115-0040) is before the
prior certification period expires and:
(a) The required interview is completed, and
the Department receives the required verification, within 30 days after the
individual files the application for recertification; or
(b) The interview or verification required by
this rule would have occurred timely but for a delay caused by the
Department.
(9) The
Department must deny the application for recertification in the event an
individual files a timely application for recertification but either fails to
appear for a scheduled interview or fails to timely submit required
verification.
(10) If an individual
fails to file an application for recertification during a certification
period, but files an application within 30 days after the end of their
certification period, the application is considered an
application for recertification and the following provisions apply:
(a) SNAP benefits for the first month of the
new certification period are prorated in accordance with OAR
461-180-0080.
(b) When an application for recertification
is delayed beyond the first of the month of what would have been the new
certification period due to the fault of the Department,
causing prorated benefits, benefits lost to proration shall be restored in
accordance with benefit restoration OARs division 461-165.
(11) Except as required in section (5) of
this rule, once assigned, the certification period may not be
shortened.
Notes
Statutory/Other Authority: ORS 409.050 & 411.816
Statutes/Other Implemented: ORS 409.010, 411.816, 411.825 & 7 CFR 273.14(e)(3)
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