Or. Admin. Code § 461-130-0330 - Disqualifications; REF, SNAP, TANF
(1) In
the REF, SNAP, and TANF programs, the Department may not disqualify from
program benefits an individual who is a volunteer (see OAR
461-130-0305 and
461-130-0310) participant in an
employment program.
(2) In the TANF
program, a JOBS eligible (see OAR
461-130-0310) individual who
fails to comply with an employment program participation requirement or the
requirements of OAR 461-135-0085, and does not have
good cause (see OAR
461-130-0327) for the failure to
comply is subject to disqualification under this rule only after the individual
has had the opportunity to participate in the re-engagement process under OAR
461-190-0231.
(3) In the REF program, a
mandatory individual who fails to comply with an employment
program participation requirement and does not have good cause
for failure to comply is subject to disqualification under this rule only after
the individual has had the opportunity to participate in the re-engagement
process under OAR 461-190-0231.
(4) In the REF program, the effects of an REP
disqualification are progressive. There are two levels of disqualification:
(a) At the first level of disqualification,
the penalty is the removal of the disqualified individual from the need
group (see OAR
461-110-0630) for three months.
If the disqualified individual is the only member of the filing group (see OAR
461-110-0430), the assistance is
terminated.
(b) At the second
level, the penalty is the removal of the disqualified individual from the
need group for six months. If the disqualified individual is
the only member of the filing group, the assistance is terminated.
(5) In the TANF program, only 25
percent of the TANF benefit amount, less any overpayment recovered, are subject
to a JOBS disqualification penalty. The effects of a JOBS disqualification,
including a disqualification imposed under OAR
461-135-0085, are progressive.
There are four levels of disqualification. Once a disqualification is imposed,
it affects benefits according to the following schedule and continues until the
disqualification ends in accordance with OAR
461-130-0335. When a
disqualification penalty ends, later disqualifications begin at the first
level.
(a) At the first level, the penalty is
a 6.25 percent reduction in benefits.
(b) At the second level, the penalty is a
12.5 percent reduction in benefits.
(c) At the third level, the penalty is a
18.75 percent reduction in benefits.
(d) At the fourth level, the penalty is a 25
percent reduction in benefits. The penalty remains at the fourth level until
the disqualification ends.
(6) In the SNAP program:
(a) A mandatory individual
who fails to comply with the requirements of an employment program (see OAR
461-130-0315) without
good cause (see OAR
461-130-0327) is removed from
the need group and must serve the applicable progressive
disqualification:
(A) One calendar month for
the first failure to comply.
(B)
Three calendar months for the second failure to comply.
(C) Six calendar months for the third and
subsequent failures to comply.
(b) A mandatory individual
who is an ABAWD (see OAR
461-135-0520) is also subject to
SNAP time limits under OAR
461-135-0520.
Notes
Statutory/Other Authority: ORS 409.050, 411.060, 411.816, 412.009 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.816, 411.837, 412.009, 412.049, 45 CFR 261.12, 45 CFR 261.13 & 45 CFR 261.14
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