Or. Admin. Code § 461-135-0660

Current through Register Vol. 63, No. 12, December 1, 2024

Section 461-135-0660 - SNAP; COVID-19

The provisions in this rule apply to the SNAP program.

(1) The Department suspends sections (2) and (6) of OAR 461-135-0520.

(2) The Department amends OAR 461-135-0570 (3) as provided in section (6) of this rule.

(3) Per the Families First Coronavirus Act, Title 3, Section 2301:

(a) SNAP time limit work requirements for ABAWDs (see OAR 461-135-0520) are temporarily waived.

(b) ABAWDs will not be subject to earning countable months (see OAR 461-135-0520).

(4) An individual who the Department has determined is mandatory (see OAR 461-130-0305) will be granted "good cause" (see OAR 461-130-0327) if the reason for not accepting employment or for leaving a job was due to the individual's concerns regarding their health due to the COVID-19 pandemic.

(5) Emergency allotments (supplements) are permitted through USDA waiver under Families First Coronavirus Response Act of 2020. The Department may issue an emergency allotment of SNAP benefits for any months approved for an emergency allotment by the Food and Nutrition Service, with the following limitations:

(a) The emergency allotment does not change the benefit level, calculated under OAR 461-160-0400, for the benefit group (see OAR 461-110-0750).

(b) The emergency allotment shall be issued on a date determined by the Department, not subject to OAR 461-165-0100.

(c) Beginning April 2020, and except as provided in paragraphs (A) and (B) of this subsection, the amount of the emergency allotment shall be the difference between the benefit level calculated under OAR 461-160-0400 and the maximum Payment Standard for the number of individuals in the benefit group. If there is no difference, no emergency allotment shall be issued.

(A) Beginning April 2021, if the difference calculated equals an amount less than $95, the amount emergency allotment shall be $95.

(B) Beginning May 2021, if the benefit level calculated under OAR 461-160-0400 of a benefit group is $0, no emergency allotment shall be issued.

(d) When the Food and Nutrition Service makes a change that ends, reduces, or suspends the emergency allotment:

(A) No decision notice (see OAR 461-001-0000) is required. The Department is not required to mail a notice of intended action.

(B) The Department shall publicize the change using one or more of the following methods:

(i) Informing the public through the news media.

(ii) Placing posters in the offices that serve affected individuals, in the locations where SNAP is issued, and at other sites frequented by individuals receiving SNAP.

(iii) Mailing a general notice to the households of affected recipients.

(e) Excepting an overpayment (see OAR 461-195-0501), there is no right to hearing to dispute emergency allotment and no right to continuing benefits.

(6) Retroactively effective January 16, 2021: In addition to the provisions under section (3) of OAR 461-135-0570, to be eligible for SNAP benefits, a student of higher education (see OAR 461-135-0570) may also meet the requirements of one of the following subsections:

(a) The student of higher education is eligible to participate in state or federally funded work study program during the regular school year.

(b) The student of higher education has an Expected Family Contribution (EFC) of $0 in the current academic year, as determined through the Free Application for Federal Student Aid (FAFSA).

(7) The provisions--

(a) Listed in sections (1), (3), and (4) of this rule end on the last day of the month in which the public health emergency declaration made by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 (COVID-19) is lifted.

(b) Listed in section (6) of this rule end 30 days after the day upon which the public health emergency declaration made by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 (COVID-19) is lifted.

Or. Admin. Code § 461-135-0660

SSP 10-2020, temporary adopt filed 04/17/2020, effective 04/17/2020 through 10/11/2020; SSP 17-2020, temporary adopt filed 06/17/2020, effective 06/17/2020 through 10/11/2020; SSP 25-2020, temporary adopt filed 07/28/2020, effective 07/28/2020 through 10/11/2020; SSP 36-2020, adopt filed 10/01/2020, effective 10/1/2020; SSP 39-2020, temporary amend filed 10/22/2020, effective 10/22/2020through 4/19/2021; SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021; SSP 30-2021, temporary amend filed 04/02/2021, effective 4/2/2021through 9/28/2021; SSP 31-2021, temporary amend filed 05/14/2021, effective 5/14/2021 through 9/28/2021; SSP 48-2021, amend filed 09/23/2021, effective 9/28/2021; SSP 75-2021, temporary amend filed 12/16/2021, effective 12/16/2021 through 6/13/2022; SSP 7-2022, amend filed 02/03/2022, effective 2/18/2022; SSP 33-2022, temporary amend filed 03/31/2022, effective 04/01/2022 through 09/27/2022; SSP 44-2022, temporary amend filed 08/25/2022, effective 08/25/2022 through 09/27/2022; SSP 47-2022, amend filed 09/20/2022, effective 9/27/2022; SSP 49-2022, temporary amend filed 09/27/2022, effective 9/27/2022 through 2/20/2023; SSP 59-2022, amend filed 12/27/2022, effective 1/1/2023

Statutory/Other Authority: ORS 411.060, 411.070, 411.121, 411.816 & ORS 409.050

Statutes/Other Implemented: ORS 409.010, ORS 411.060, 411.070, 411.121, 411.816, 411.825, 411.837, 7 USC 2015, 7 USC 2029, 7 CFR 273.7, 7 CFR 273.24, Pub. L. 116-127, ORS 409.050, 7 CFR 273.10 & 7 CFR 273.14