Or. Admin. R. 461-145-0105

Current through Register Vol. 63, No. 6, June 1, 2024

Section 461-145-0105 - Disqualifying Income; SNAP

(1) "TANF disqualifying income" is the portion of a TANF grant lost because of a reason listed in section (2) of this rule. It is determined by finding the difference between the TANF cash payment prior to imposition of the reduction and the payment due after the reduction described in section (2) is imposed. The incentive payment authorized by OAR 461-135-0210 is not included in the calculation.

(2) A reduction to a TANF cash payment for any of the following reasons results in TANF disqualifying income:

(a) A failure to pursue assets as required by OAR 461-120-0330;

(b) A failure to help the Department obtain child support from a non-custodial parent as required by OAR 461-120-0340;

(c) A failure to obtain medical coverage as required by OAR 461-120-0345;

(d) A failure to comply with requirements of the employment programs (see OAR 461-130-0330);

(e) A failure to seek treatment for substance abuse or mental health evaluation and treatment under OAR 461-135-0085;

(f) An IPV penalty imposed under OAR 461-195-0621;

(g) Repayment of a client error (see OAR 461-195-0501) overpayment in the TANF program other than the repayment of an overpayment resulting from continuing benefits because of a hearing request;

(h) Repayment of an overpayment in the TANF program that results from an intentional program violation (see OAR 461-195-0601).

(3) Eligibility for and the level of SNAP benefits are determined as if the client is receiving the TANF disqualifying income until:

(a) The TANF penalty is removed;

(b) The household becomes ineligible for TANF for a reason not included in section (2) of this rule;

(c) The overpayment is repaid; or

(d) The TANF cash or MAA case has been closed for at least 12 months.

Or. Admin. R. 461-145-0105

SSP 17-2004, f. & cert. ef. 7-1-04; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07

Stat. Auth.: ORS 411.816

Stats. Implemented: ORS 411.816