Or. Admin. Code § 414-175-0070

Current through Register Vol. 63, No. 12, December 1, 2024

Section 414-175-0070 - Effective Dates

(1) The effective date for starting benefits is one of the following:

(a) The first day of the month in which the request for benefits is made if:

(A) All eligibility requirements are met in that month; and

(B) Verification is provided within the application processing timeframes.

(b) If all eligibility requirements are not met in the month of request, the effective date is the first day of the month in which they are met, if verification is provided within the application processing timeframes.

(2) The effective date for a change in an ERDC case will be:

(a) For changes reported on the reapplication form:

(A) The first day of the next certification period; or

(B) If changes will end benefits, the last day of the current certification period.

(b) For changes not reported on the reapplication form:

(A) For changes that require the certification period to be shortened, the effective date for the end of the certification period becomes the last day of the month in which the notice period ends. If the notice period ends the month after the change is reported, and the information results in an increase in benefits, adjust benefits for the last month of the shortened certification period.

(B) For all other changes that will cause:

(i) An increase in benefits, the effective date is the first of the month after the filing group reports the change.

(ii) A decrease in benefits, the effective date is the first of the month after the notice period ends.

(C) For changes that will end benefits, the effective date is the last day of the month in which the notice period ends.

(3) The effective date for adding an individual to the need group or benefit group is as follows:

(a) If adding the individual to the need group will decrease the copay, the effective date is the first of the month after the client reports the person has joined the household.

(b) If adding the individual to the need group increases the copay, for instance, because the individual receives income, the effective date is the first of the month following the end of the decision notice period.

(c) The effective date for adding a child to the benefit group, that is, covering the cost of the child's care, is the earliest of the following:

(A) For newborns, the date of birth, if all eligibility requirements are met and verified within 45 days after the birth.

(B) For all other children, the first of the month in which the change is reported, if all eligibility requirements are met and verified within 45 days.

(C) For newborns and other children, if eligibility cannot be verified within 45 days, the effective date is the first of the month in which all eligibility factors are met and verified.

(4) The effective date for removing an individual from a benefit group is as follows:

(a) If the individual has left the benefit group in the current budget month because they are ineligible, disqualified, or have left the household, the effective date is:

(A) The first of the month after the notice period ends, if the change will reduce benefits.

(B) The last day of the month in which the notice period ends, if the change will end benefits.

(b) If the individual is reasonably expected to leave the household next month, the effective date is the later of the following:

(A) The first of the month following the month in which the individual leaves the household group, if the change will reduce benefits.

(B) The end of the month in which the individual is expected to leave the household group, if the change will end benefits.

(c) Upon the death of an individual and is not the only individual in the benefit group, the effective date of the closure or reduction in benefits is the last day of the month in which the timely continuing benefit decision notice period ends under OAR 414-175-0055.

(5) The effective date for denying benefits is the date the decision is made that the client is not eligible.

(6) For an Intentional Program Violation (IPV) disqualification (see OAR 414-175-0099), the disqualification ends the day after the minimum disqualification period ends, if there is no additional IPV disqualification to be served and all eligibility requirements are met.

(7) In the event of a new effective date of eligibility following closure of benefits or following the end of a certification period, eligibility starts the first day of the month of the date of request.

(8) If a proposed reduction or closure of benefits is delayed because the individual requested a hearing, the reduction or closure is effective in accordance with the notice that precipitated the appeal.

(9) The effective date for restoring benefits that were underpaid (including erroneous collections of overpayments) or denied or closed in error is set as follows:

(a) For underpayments resulting from administrative error, the effective date is the date the error was made. Benefits may be restored only for a period of time within the preceding 12 months.

(b) For underpayments resulting from client error, the effective date is the earliest of the following:

(A) The month the benefit group notifies the Oregon Department of Human Services (ODHS) branch office of the possible loss.

(B) The month the ODHS branch office discovers the loss.

(C) The date a hearing is requested.

Or. Admin. Code § 414-175-0070

ELD 11-2023, adopt filed 06/28/2023, effective 7/1/2023; DELC 48-2023, minor correction filed 10/31/2023, effective 10/31/2023

Statutory/Other Authority: ORS 329A.500

Statutes/Other Implemented: ORS 329A.500