(1) Except as noted in this rule, an
individual may not receive benefits from the Department of the same type (that
is, cash, medical, or SNAP benefits) for the same period as a member of two or
more different benefit groups (see OAR
461-110-0750) or from two or
more separate programs. Except as allowed in subsection (e) of this section,
this provision includes a prohibition against an individual receiving TANF
concurrently with another cash assistance program funded under Title IV-E of
the Social Security Act.
(a) An individual may
receive EA, HSP, and TA-DVS benefits and cash payments from other programs for
the same time period.
(b) If a GA
recipient becomes eligible for the TANF program, the GA recipient may not
receive a TANF cash payment for themselves in the month a GA cash payment was
received.
(c) An individual in the
SNAP program who leaves a filing group (see OAR
461-110-0310 and
461-110-0370) that includes an
individual who abused them and enters a
domestic violence
shelter (see OAR
461-001-0000) or
safe
home (see OAR
461-001-0000) for survivors of
domestic violence (see OAR
461-001-0000) may receive SNAP
benefits twice during the month the individual enters the
domestic
violence shelter or
safe home.
(d) Except in the QMB-DW and QMB-SMF
programs, a QMB recipient may also receive medical benefits from OSIPM, REFM,
MAGI Child, MAGI Parent or Other Caretaker Relative, or MAGI Pregnant Woman.
QMB-DW and QMB-SMF recipients may not receive any other medical assistance
program offered under the state plan (see OAR
461-135-0730).
(e) An individual may receive Chafee (see
division 030 of Oregon Administrative Rule chapter 413) and TANF benefits
during the same time period. As of January 1, 2013, receipt of both Chafee and
TANF benefits will not result in an overpayment.
(f) An individual receiving
Employment Payments (see OAR
461-001-0025 and
461-135-1270) who becomes
eligible for TANF in the same month may receive both benefits in the same
month.
(g) An individual receiving
JPI (see OAR
461-135-1260) who becomes
eligible for Pre-TANF or TANF in the same month may receive both benefits in
the same month.
(2) An
individual may not receive benefits of the same type (that is, cash, medical,
or SNAP benefits) for the same period from both Oregon and another state or
tribal food distribution program, except as follows:
(a) Medical benefits may be authorized for an
eligible individual if the individual's provider refuses to submit a bill to
the Medicaid agency of another state and the individual would not otherwise
receive medical care.
(b) Cash
benefits may be authorized for an individual in the Pre-TANF program if
benefits from another state will end by the last day of the month in which the
individual applied for TANF.
(3) In the SNAP program, each individual who
has been included as a member of the filing group in Oregon or another state is
subject to all of the restrictions in section (2) of this rule.
(4) An REF or TANF filing group may not
receive REF or TANF benefits during the same month that an individual in that
group was enrolled in or received assistance from the Office of Refugee
Resettlement Matching Grant Program.
Notes
Or. Admin. Code
§
461-165-0030
AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 13-1991, f.
& cert. ef. 7-1-91; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 9-1997,
f. & cert. ef. 7-1-97; AFS 9-1999, f. & cert. ef. 7-1-99; AFS 14-1999,
f. & cert. ef. 11-1-99; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; SSP
1-2003, f. 1-31-03, cert. ef. 2-1-03; SSP 7-2003, f. & cert. ef. 4-1-03;
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04; SSP 17-2004, f. & cert. ef.
7-1-04; SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06; SSP 10-2007, f. & cert.
ef. 10-1-07; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP
5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 26-2008, f. 12-31-08, cert. ef.
1-1-09; SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SSP
18-2010, f. & cert. ef. 7-1-10; SSP 30-2013(Temp), f. & cert. ef.
10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14; SSP
29-2014(Temp), f. & cert. ef. 11-3-14 thru 5-1-15;
SSP
12-2015, f. 3-16-15, cert. ef.
4/1/2015;
SSP
38-2015, f. 12-25-15, cert. ef.
1/1/2016;
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
10-2017, f. 3-24-17, cert. ef.
4/1/2017;
SSP
14-2017, f. 6-5-17, cert. ef.
7/1/2017; SSP 25-2017(Temp), f. 9-15-17, cert. ef.
10-1-17 thru 1-31-18; SSP 34-2017, amend filed 12/18/2017, effective
01/01/2018;
SSP
20-2023, amend filed 06/22/2023, effective
7/1/2023;
SSP
36-2024, minor correction filed 04/25/2024, effective
4/25/2024
Statutory/Other Authority: ORS
409.050,
411.060,
411.070,
411.404,
411.704,
411.706,
411.816,
412.014,
412.049,
412.124,
413.085,
414.025,
414.685,
414.826 &
414.839
Statutes/Other Implemented: ORS
409.050,
411.060,
411.070,
411.404,
411.704,
411.706,
411.816,
412.014,
412.049,
412.124,
413.085,
414.025,
414.685,
414.826,
414.839 &
412.072