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Oregon Bulletin

July 1, 2011

 

Department of Human Services,
Children, Adults and Families Division: Self-Sufficiency Programs
Chapter 461

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.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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