1. (1) In the REF, SNAP, and TANF programs, the Department may not disqualify from program benefits an individual who is a volunteer (see OAR 461-130-0305 and 461-130-0310) participant in an employment program.
2. (2) In the TANF program, a JOBS eligible (see OAR 461-130-0310) individual who fails to comply with an employment program participation requirement or the requirements of OAR 461-135-0085, and does not have good cause (see OAR 461-130-0327) for the failure to comply is subject to disqualification under this rule only after the individual has had the opportunity to participate in the re-engagement process under OAR 461-190-0231.
3. (3) In the REF program, a mandatory individual who fails to comply with an employment program participation requirement and does not have good cause for failure to comply is subject to disqualification under this rule only after the individual has had the opportunity to participate in the re-engagement process under OAR 461-190-0231.

4. (4) In the REF program, the effects of an REP disqualification are progressive. There are two levels of disqualification:

   1. (a) At the first level of disqualification, the penalty is the removal of the disqualified individual from the need group (see OAR 461-110-0630) for three months. If the disqualified individual is the only member of the filing group (see OAR 461-110-0430), the assistance is terminated.
   2. (b) At the second level, the penalty is the removal of the disqualified individual from the need group for six months. If the disqualified individual is the only member of the filing group, the assistance is terminated.

5. (5) In the TANF program, only 25 percent of the TANF benefit amount, less any overpayment recovered, are subject to a JOBS disqualification penalty. The effects of a JOBS disqualification, including a disqualification imposed under OAR 461-135-0085, are progressive. There are four levels of disqualification. Once a disqualification is imposed, it affects benefits according to the following schedule and continues until the disqualification ends in accordance with OAR 461-130-0335. When a disqualification penalty ends, later disqualifications begin at the first level.

   1. (a) At the first level, the penalty is a 6.25 percent reduction in benefits.
   2. (b) At the second level, the penalty is a 12.5 percent reduction in benefits.
   3. (c) At the third level, the penalty is a 18.75 percent reduction in benefits.
   4. (d) At the fourth level, the penalty is a 25 percent reduction in benefits. The penalty remains at the fourth level until the disqualification ends.

6. (6) In the SNAP program:

   1. (a) A mandatory individual who fails to comply with the requirements of an employment program (see OAR 461-130-0315) without good cause (see OAR 461-130-0327) is removed from the need group and must serve the applicable progressive disqualification:

      1. (A) One calendar month for the first failure to comply.
      2. (B) Three calendar months for the second failure to comply.
      3. (C) Six calendar months for the third and subsequent failures to comply.
   2. (b) A mandatory individual who is an ABAWD (see OAR 461-135-0520) is also subject to SNAP time limits under OAR 461-135-0520.

Statutory/Other Authority

ORS 409.050, 411.060, 411.816, 412.009 & 412.049

Statutes/Other Implemented

ORS 409.010, 411.060, 411.816, 411.837, 412.009, 412.049, 45 CFR 261.12, 45 CFR 261.13 & 45 CFR 261.14

History

SSP 7-2023, amend filed 01/24/2023, effective 02/01/2023
SSP 25-2019, amend filed 12/24/2019, effective 01/01/2020
SSP 31-2018, minor correction filed 10/24/2018, effective 10/24/2018
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17
SSP 45-2016, f. 12-20-16, cert. ef. 1-1-17
SSP 38-2016(Temp), f. & cert. ef. 10-19-16 thru 4-16-17
SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 37-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13
SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12
SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 7-2005, f. & cert. ef. 7-1-05
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 7-2003, f. & cert. ef. 4-1-03
AFS 9-1999, f. & cert. ef. 7-1-99
AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99
AFS 17-1998, f. & cert. ef. 10-1-98