Or. Admin. Code § 461-135-0900 - [Effective until 10/31/2025] Specific Requirements; REF, REFM
(1) In addition to the
eligibility (see OAR 461-001-0000) requirements in other rules
in OAR chapter 461, an individual must meet all of the requirements in this
rule to be eligible for the REF and REFM programs.
(2) An individual must meet the noncitizen
status requirements of OAR 461-120-0125 to be eligible for REF and REFM
programs except as follows. In the REFM program, a newborn
child (see OAR 461-001-0000) born in the United States to an
individual in the REFM program is not required to meet the noncitizen status
requirements for the REFM program as long as each parent (see
OAR 461-001-0000) in the filing group (see OAR 461-110-0210)
meets the noncitizen status requirements of OAR 461-120-0125.
(3) An individual is not eligible to receive
REF and REFM program benefits if the individual is a full-time student of
"higher education", unless such education is part of a cash assistance case
plan. Any education or training allowable under an approved case plan must be
less than one year in length. For the purposes of this rule, "higher education"
means education that meets the requirements of one of the following
subsections:
(a) Public and private
universities and colleges and community colleges that offer degree programs
regardless of whether a high school diploma is required for the program.
However, GED, ABE, ESL, and high school equivalency programs at these
institutions are not considered "higher education".
(b) Vocational, technical, business, and
trade schools that normally require a high school diploma or equivalency
certificate for enrollment in the curriculum or in a particular program at the
institution. However, programs at those institutions that do not require the
diploma or certificate are not considered "higher education".
(4)
Eligibility
for REF and REFM program benefits -
(a) For
individuals whose date of eligibility is before October 1, 2021, is limited to
the first eight months from the date the immigration status was granted. Months
in the United States are counted as whole months. There is no prorating of
months.
(b) For individuals whose
date of eligibility is on or after October 1, 2021, is limited to the first
twelve months from the date the immigration status was granted, except for
individuals that meet the criteria of paragraph (B) of this subsection.
(A) Months in the United States are counted
as whole months. There is no prorating of months.
(B) The twelve-month period begins May 21,
2022, for an individual who is a citizen or national of Ukraine, or an
individual who last habitually resided in Ukraine, who was paroled into the
United States between February 24, 2022, and May 21, 2022.
(5) In the REF and REFM programs,
if an individual was originally resettled in Oregon through the federal refugee
resettlement process, then the individual must provide the name of the local
resettlement agency that resettled them.
Notes
Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.116, 411.121, 411.404 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.116, 411.121, 411.404, 411.878, 412.049, 414.685, 45 CFR 400 & H.R. 7691, 117th Cong. (2021-2022)
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) In addition to the eligibility (see OAR 461-001-0000) requirements in other rules in OAR chapter 461, an individual must meet all of the requirements in this rule to be eligible for the REF and REFM programs.
(2) An individual must meet the noncitizen status requirements of OAR 461-120-0125 to be eligible for REF and REFM programs except as follows. In the REFM program, a newborn child (see OAR 461-001-0000) born in the United States to an individual in the REFM program is not required to meet the noncitizen status requirements for the REFM program as long as each parent (see OAR 461-001-0000) in the filing group (see OAR 461-110-0210) meets the noncitizen status requirements of OAR 461-120-0125.
(3) An individual is not eligible to receive REF and REFM program benefits if the individual is a full-time student of "higher education", unless such education is part of a cash assistance case plan . Any education or training allowable under an approved case plan must be less than one year in length. For the purposes of this rule, "higher education" means education that meets the requirements of one of the following subsections:
(a) Public and private universities and colleges and community colleges that offer degree programs regardless of whether a high school diploma is required for the program. However, GED, ABE, ESL , and high school equivalency programs at these institutions are not considered "higher education".
(b) Vocational, technical, business, and trade schools that normally require a high school diploma or equivalency certificate for enrollment in the curriculum or in a particular program at the institution. However, programs at those institutions that do not require the diploma or certificate are not considered "higher education".
(4) Eligibility for REF and REFM program benefits -
(a) For individuals whose date of eligibility is before October 1, 2021, is limited to the first eight months from the date the immigration status was granted. Months in the United States are counted as whole months. There is no prorating of months.
(b) For individuals whose date of eligibility is on or after October 1, 2021, is limited to the first twelve months from the date the immigration status was granted, except for individuals that meet the criteria of paragraph (B) of this subsection.
(A) Months in the United States are counted as whole months. There is no prorating of months.
(B) The twelve-month period begins May 21, 2022, for an individual who is a citizen or national of Ukraine, or an individual who last habitually resided in Ukraine, who was paroled into the United States between February 24, 2022, and May 21, 2022.
(5) In the REF and REFM programs, if an individual was originally resettled in Oregon through the federal refugee resettlement process, then the individual must provide the name of the local resettlement agency that resettled them.
Notes
Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.116, 411.121, 411.404 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.116, 411.121, 411.404, 411.878, 412.049, 414.685, 45 CFR 400 & H.R. 7691, 117th Cong. (2021-2022)