Oregon Bulletin
July 1, 2011
Rule
Caption: Changing OARs affecting public
assistance, medical assistance, or Supplemental Nutrition Assistance Program
clients.
Adm.
Order No.: SSP 12-2011(Temp)
Filed with Sec. of
State: 6-2-2011
Certified to be
Effective: 6-2-11 thru 11-29-11
Notice Publication
Date:
Rules Adopted: 461-190-0212
Subject: OAR 461-190-0212 is being adopted to indicate which
Job Opportunity and Basic Skills (JOBS) program activities and services are
ending June 30, 2011. This rule is also being adopted to state that JOBS
program support service payments received by the client to assist in participation
in one or more of the identified activities or services is also ending June 30,
2011. This program reduction affects clients who are participating in the JOBS
program while receiving Pre-TANF, TANF, Post-TANF, Refugee, SFPSS, or TA-DVS
program benefits. Without this new rule, the Department would fully deplete
resources available for the JOBS program, and be unable to set up a more
limited program consistent with restricted funding.
Rules Coordinator: Annette Tesch—(503) 945-6067
461-190-0212
Case Plan Activities and Support
Services; JOBS, Post-TANF, Pre-TANF, REF, SFPSS, TA-DVS, TANF
Notwithstanding any other administrative rule in
Chapter 461, except as provided in section (4) of this rule, effective at the
end of the day on June 30, 2011, in the JOBS, Post-TANF, Pre-TANF, REF, SFPSS,
TA-DVS, and TANF programs:
(1) The following activities (see OAR 461-001-0025) and
services specific to case plans (see OAR 461-001-0025) will end:
(a) Adult Basic Education (see OAR 461-001-0025).
(b) Community Service Program (see OAR 461-001-0025).
(c) Drug and alcohol services (see OAR 461-001-0025).
(d) English as a second language (see OAR
461-001-0025).
(e) Family Support and Connections.
(f) High school or GED Completion (see OAR
461-001-0025).
(g) Initial job search and Job Search (see OAR
461-001-0025).
(h) Job Skills Training (see OAR 461-001-0025).
(i) Life Skills (see OAR 461-001-0025).
(j) Medical services.
(k) Mental Health Services (see OAR 461-001-0025).
(l) Micro-enterprise (see OAR 461-001-0025).
(m) On-the-job training (see OAR 461-001-0025).
(n) Program Entry.
(o) Providing child care services to a Community Service Program participant (see OAR 461-001-0025).
(p) Rehabilitation activities (see OAR 461-001-0025).
(q) Retention Services.
(r) Services to families served by Child Welfare.
(s) Sheltered or supported work (see OAR 461-001-0025).
(t) Social Security Application process.
(u) Stabilization, intervention and other activities
(see OAR 461-001-0025). These are:
(A) Child health and development (see OAR
461-001-0000).
(B) Crisis intervention (see OAR 461-001-0000).
(C) Domestic violence services (see OAR 461-001-0000).
(D) Family stability activity (see OAR 461-001-0000).
(v) Vocational training (see OAR 461-001-0025).
(w) Work experience (see OAR 461-001-0025).
(x) Work supplementation (see OAR 461-001-0025).
(2) Payments made on behalf of an individual
participating in one or more activities or services in section (1) of this rule
end. These payments are:
(a) Support Services (see OAR 461-001-0025).
(b) Specific Requirements; Pre-TANF Program (see OAR 461-135-0475(5)(b)).
(c) Temporary Assistance for Domestic Violence
Survivors Program (see OAR 461-135-1205(4)).
(3) Transition Services (see OAR 461-190-0241).
Eligibility for, and payments made on behalf of, an individual who is
ineligible for the Pre-TANF or TANF programs because of an increase in earned
income, ends.
(4) This rule does not apply to an individual in the
JOBS Plus program (JOBS Plus) (see OAR 461-001-0025 and 461-101-0010) or the
Parents as Scholars (PAS) (see OAR 461-001-0025) activity.
(5) Support services ended under this rule are not
continued after June 30, 2011 regardless of whether a hearing request is
submitted or pending.
Stat. Auth.: ORS 409.050, 411.060,
411.070, 412.014, 412.049
Stats. Implemented: ORS 409.010,
411.060, 411.070, 412.014, 412.049, 2009 Ol 827
Hist.: SSP 12-2011(Temp), f. &
cert. ef. 6-2-11 thru 11-29-11
Rule
Caption: Changing OARs affecting public
assistance,
medical assistance, or Supplemental Nutrition Assistance Program clients.
Adm.
Order No.: SSP 13-2011(Temp)
Filed with Sec. of
State: 6-15-2011
Certified to be
Effective: 6-15-11 thru 12-12-11
Notice Publication
Date:
Rules Amended: 461-135-1250
Subject: OAR 461-135-1250 about specific client eligibility and
participation requirements in the Post-Temporary Assistance for Needy Families
(Post-TANF) program is being amended to end the program on June 30, 2011. This
amendment also does not allow post-TANF payments to continue after June 30,
2011 for pending or submitted hearing requests.
Rules Coordinator: Annette Tesch—(503) 945-6067
461-135-1250
Specific Requirements: Post-TANF
(1) This rule explains specific requirements for the
Post-TANF program. Through September 30, 2010, the Post-TANF program provides
$100 per month per qualifying adult in aid for 12 consecutive months or until
the household income exceeds 250 percent of the Federal Poverty Level (FPL),
whichever comes first, as long as the client meets JOBS federally required
participation rates (see OAR 461-001-0025) in combined unsubsidized paid
work and JOBS activities.
(2) Effective October 1, 2010, the Post-TANF program
provides $50 per month per qualifying adult in aid for 12 consecutive months or
until the household income exceeds 250 percent of the FPL, whichever comes
first, as long as the client meets JOBS federally required participation
rates in combined unsubsidized paid work and JOBS activities.
(3) To enroll in the Post-TANF program, a client must:
(a) Have obtained unsubsidized paid employment;
(b) Have become ineligible for the Pre-TANF, TANF or
SFPSS programs due to earnings; and
(c) Be a Work Eligible Individual as defined by federal
regulations.
(4) To remain eligible for the monthly Post-TANF
payment, the client must meet the requirements of all of the following
subsections:
(a) Meet all TANF eligibility requirements, except the
client need not meet the following requirements:
(A) OAR 461-120-0310 and 461-120-0340 (child support
assignment and cooperation);
(B) OAR 461-120-0330 (pursuing assets);
(C) OAR 461-125-0010 (deprivation);
(D) OAR 461-155-0030 (income limits); and
(E) OAR 461-160-0015 (resource limits).
(b) Report and meet the monthly JOBS federal
participation requirements with unsubsidized paid work and, if necessary, other
JOBS activities.
(c) Provide the Department with employer-produced
documents of paid, unsubsidized work hours within 45 days after Pre-TANF, TANF,
or SFPSS has ended.
(d) The client must also provide employer-produced
documents of paid, unsubsidized work hours each time requested by the
Department or no later than the last day of the sixth month following the date
the client provides the verification of work hours in accordance with
subsection (c) of this section.
(e) Report all changes in residency and household
group (see OAR 461-110-0210) affecting Post-TANF eligibility within 10 days
of the occurrence.
(f) Changes reported for another program that affect
Post-TANF eligibility are considered reported for Post-TANF.
(5) A client failing to comply with subsection (3)(c)
of this rule but then providing documents after 45 days is eligible for
Post-TANF payments only in the month the local Department office receives the
documents and the months thereafter.
(6) Household income for the Post-TANF program is
calculated in accordance with all TANF financial rules.
(7) Each parent (see OAR 461-001-0000) of a
two-parent family is entitled to a monthly Post-TANF payment if both parents
meet all Post-TANF enrollment and eligibility requirements.
(8) Monthly payments in the Post-TANF program begin the
month after the last regular TANF benefit payment; or for Pre-TANF clients, the
month after the Department verifies that the client meets TANF eligibility
requirements.
(9) A client in the Post-TANF program is entitled to
support services in accordance with OAR 461-190-0241. Additional support
services may be granted with manager approval.
(10) A client is no longer eligible for a Post-TANF
payment when the client does not meet JOBS federal participation requirements
due to:
(a) Loss of employment;
(b) A reduction in work hours, and the client chooses
not to participate in required JOBS activities offered by the Department; or
(c) A reduction in JOBS activity hours without good
cause (see OAR 461-130-0327) that when combined with work hours does not meet
the JOBS federally required participation rates.
(11) Notwithstanding any other administrative rule in
Chapter 461, effective June 30, 2011, the Post-TANF program ends. Post-TANF
benefits are not continued after June 30, 2011 regardless of whether a hearing
request is submitted or pending.
Stat. Auth.: ORS 411.060, 411.070,
412.006, 412.009, 412.049 &412.124
Stats. Implemented: ORS 411.060,
411.070, 412.006, 412.009, 412.049, 412.124 & 2009 OL Ch. 827
Hist.: 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 25-2008(Temp), f. 12-31-08, cert. ef. 1-1-09 thru 6-30-09; SSP 5-2009, f. & cert. ef. 4-1-09; SSP 29-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11; SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11; SSP 13-2011(Temp), f. & cert. ef. 6-15-11 thru
12-12-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
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