Or. Admin. Code § 461-175-0300
Current through Register Vol. 63, No. 12, December 1, 2024
Section 461-175-0300 - Notice Situation; Prior Notice(1) Except as provided in section (5) of this rule, when benefits in any Department program except a medical program and the SNAP program will end or be reduced after a specific period of time, the Department may issue a decision notice (see OAR 461-001-0000) informing the benefit group (see OAR 461-110-0750) of the date benefits will end or be reduced, and no further decision notice is required.(2) Except as provided in section (5) of this rule, in any Department program except a medical program and the SNAP program, if the benefit group was informed in writing when the benefits began that the benefit group would receive benefits only for a specific period of time a basic decision notice (see OAR 461-001-0000) may be used to-- (a) Deny an application to start or continue benefits after the completion of a certification period (see OAR 461-001-0000) or to approve benefits at a level lower than the prior certification period.(b) Indicate that benefits have been ended or reduced when no timely application is submitted.(3) A basic decision notice is used when a special need allowance granted for a specific period of time is removed at the end of the specified period and the benefit group was informed of this in writing when the allowance began. A timely continuing benefit decision notice (see OAR 461-001-0000) is required if stopping the special need allowance results in benefit closure.(4) In the JOBS Plus program, a basic decision notice is used if-- (a) An employer submits a wage reimbursement billing and the Department calculates a supplement (see OAR 461-190-0416 about supplements);(b) The benefit group received a timely continuing benefit decision notice that the method of payment would be changed from cash to employer-paid wages; and(c) The notice specified the period of time that benefits would be diverted.(5) No additional decision notice is required when:(a) Notwithstanding OAR 461-115-0010(6), when a benefit group submits an application for a program from which they currently are receiving benefits.(b) In the OSIPM program: (A) An individual's patient liability under OAR 461-160-0610 or participant fee (see OAR 461-001-0035) returns to the previous amount after the Department sent the individual a basic decision notice for a decrease in the patient liability or participant fee due to a one-time allowable deduction and that notice also specified when the deduction no longer would apply causing the patient liability or participant fee to return to the previous amount; or(B) An individual's benefits are being closed or reduced and the Department sent the individual a basic decision notice of eligibility and a simultaneous continuing benefit decision notice (see OAR 461-001-0000) because the individual's circumstances changed between the date of the individual's application and the date of the Department's eligibility decision and the change caused the individual's benefits to be reduced or closed.(c) A decision notice that included the eligibility begin and end dates for the three consecutive months of Employment Payments (see OAR 461-001-0025 and 461-135-1270) was given and the three-month eligibility period ends.(d) A decision notice that informed the JPI benefit group in writing, when their benefits began, that they would receive JPI (see OAR 461-135-1260) benefits only for a specific period of time.(e) A decision notice that included the eligibility begin and end dates was given for TA-DVS program benefits and the 90-day eligibility period ends.(6) In the SNAP program: (a) A basic decision notice is used to close benefits if the benefit group was informed in writing, when their benefits began, that they would receive benefits only for a specific period of time.(b) No decision notice is required if the individual is provided a decision notice at the time of application or redetermination that - (A) The allotment of the benefit group would vary from month to month and listed the anticipated changes;(B) In the case the individual applied at the same time for both cash assistance and SNAP benefits, the SNAP benefits would be reduced or closed upon approval of the cash assistance; or(C) In the case of a benefit group receiving benefits under expedited services with postponed verification:(i) The expedited services benefits would close if the Department did not receive the postponed verification within the timeframe established under OAR 461-115-0690.(ii) The expedited services benefits may be adjusted beyond the timeframe established under OAR 461-115-0690 based on the verified information provided to the Department without further notice.Or. Admin. Code § 461-175-0300
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94; AFS 25-1994, f. & cert. ef. 11-1-94; AFS 10-2002, f. & cert. ef. 7-1-02; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 3-2005(Temp), f. & cert. ef. 3-2-05 thru 6-30-05; SSP 7-2005, f. & cert. ef. 7-1-05; SSP 18-2010, f. & cert. ef. 7-1-10; SSP 29-2015(Temp), f. & cert. ef. 10-1-15 thru 3-28-16; SSP 36-2015, f. 12-23-15, cert. ef. 1/1/2016; SSP 15-2016, f. & cert. ef. 4/1/2016; SSP 11-2018, amend filed 03/09/2018, effective 4/1/2018; SSP 21-2020, amend filed 07/08/2020, effective 7/8/2020; SSP 69-2021, minor correction filed 12/14/2021, effective 12/14/2021; SSP 20-2023, amend filed 06/22/2023, effective 7/1/2023; SSP 34-2024, minor correction filed 04/25/2024, effective 4/25/2024Statutory/Other Authority: ORS 183.417, 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 414.231, 414.826 & 412.072
Statutes/Other Implemented: ORS 183.417, 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 414.231, 414.826 & 412.072