Or. Admin. Code § 461-135-1230 - Benefits; TA-DVS
In the Temporary Assistance for Domestic Violence Survivors (TA-DVS) program:
(1) An individual
may receive TA-DVS program benefits for up to 90 days from the date the
individual was found eligible.
(a) Two 90-day
certification periods may not overlap.
(b) Once a 90-day certification
period (see OAR
461-001-0000) has expired, the
individual may reapply for TA-DVS program benefits under OAR
461-135-1200(2).
(2) An individual may receive
benefits simultaneously from the TA-DVS and Temporary Assistance for Needy
Families (TANF) programs.
(3) An
individual may receive benefits under the TA-DVS program during the 90-day
certification period not to exceed:
(a) $1,200 for individuals whose
certification period ended prior to August 11, 2024;
or
(b) $3,200 for individuals in a
certification period on or after August 11, 2024.
(4) The
Department (see OAR
461-001-0000) does not make
payments -
(a) After the 90-day
certification period unless payment verification was received
by the Department by day 90 and payment was not able to be
issued due to Department error.
(b) Notwithstanding subsection (a) of this
section, more than 10 days after the last day of the certification
period.
(5)
When approving TA-DVS payments, the Department must consider
lower cost alternatives. Benefits issued under this rule are not intended to
replace funding that is available in the community. The expectation is that
Department staff and individuals work collaboratively to seek
resources that are reasonably available to the individual.
(6) TA-DVS benefits address a specific crisis
situation or episode of need related to the individual's domestic
violence (see OAR
461-001-0000) situation (such as
securing new or temporary housing, payment of security deposit, first month's
rent, moving expenses, furniture, and clothing replacement). TA-DVS benefits
are not utilized to meet current ongoing or recurrent needs expected to
continue beyond the 90 day certification period and are not
used for the following items even if the individual believes the item would
contribute to the individual's safety:
(a)
Payments that benefit the abuser;
(b) Payment for attorney or other legal
fees;
(c) Payment of a fine or
other penalty;
(d) Payment of
outstanding or past due costs such as rent or utilities when the individual
does not intend to stay in the residence or the need for the payment was not
related to the current domestic violence situation;
(e) Payment of a pet fee (unless the pet is a
service animal, and only when the service status has been verified by a
qualified and appropriate medical professional);
(f) Payment for relocation of household or
personal belongings from another state;
(g) Purchase of a car or recreational
vehicle, including a travel trailer;
(h) Purchase of a firearm, other weapon, or
items intended to be used as self-defense;
(i) Purchase of furniture unless --
(A) The furniture was left behind when the
individual fled domestic violence, or it was damaged or stolen
as a result of domestic violence;
(B) The furniture is essential to setting up
a household (such as a bed, dresser, dining room table and chairs, couch);
and
(C) The furniture is not
available through a community resource or a less costly alternative.
(j) Purchase of a non-essential
item or service such as a television, cable, or satellite even if such an item
or service was left behind when the individual fled the domestic
violence situation; or
(k)
Purchase of a pet or guard animal.
(l) Payment of a request about which
inaccurate information was provided.
(m) Payment without verification to the
extent required under OAR
461-115-0610.
(7) The individual and the
Department prepare a case plan that identifies activities
necessary to enhance the safety of the family. The case plan specifies the
payments the Department makes to meet the needs for shelter
and food and for relocation or other services that will enhance
safety.
(8) An individual's
available liquid resources may be considered when developing the case
plan.
(9) A payment issued for an
item in the case plan is issued as a dual-payee or vendor-pay check unless the
use of a dual-payee or vendor-pay check is likely to put the individual at risk
of harm.
(10) Reimbursements are
not an allowable payment unless payment was pre-authorized by the
Department and the reason for purchase was related to the
current episode of need related to the domestic violence
situation.
Notes
Statutory/Other Authority: 411.060, ORS 409.050, 411.070 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 412.049, 412.072 & 45 CFR 75.404
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