1. (1) This rule explains who may receive continuing benefits until a final order is issued in a contested case.

2. (2) Except as provided otherwise in this rule, an individual who is entitled to a continuing benefit decision notice (see OAR 461-001-0000) or a timely continuing benefit decision notice (see OAR 461-001-0000) under a rule in division 175 of this chapter of rules may, at the option of the individual, receive continuing benefits, in the same manner and same amount, until a final order resolves the contested case. To be entitled to continuing benefits, the individual must complete a request for hearing (see OAR 461-025-0305) not later than the later of:

   1. (a) The tenth day following the date of the notice; and
   2. (b) The effective date of the action proposed in the notice.
3. (3) The continuing benefits are subject to modification based on additional changes affecting the individual's eligibility or level of benefits.
4. (4) In determining timeliness under section (2) of this rule, delay caused by circumstances beyond the control of the claimant (see OAR 461-025-0305) is not counted.
5. (5) In the REF and REFM programs, individuals are not entitled to continuing benefits when the issue in question is regarding the termination of benefits because the eligibility time period imposed by OAR 461-135-0900 has been reached.

Statutory/Other Authority

ORS 409.010, 409.050, 411.060, 411.404, 411.408, 411.816, 412.014 & 412.049

Statutes/Other Implemented

ORS 409.010, 411.060, 411.404, 411.408, 411.816, 412.014 & 412.049

History

SSP 29-2026, amend filed 06/29/2026, effective 07/01/2026
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 26-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
SSP 28-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 12-31-03
AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02
AFS 22-2001, f. & cert. ef. 10-1-01
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00