Or. Admin. Code § 461-135-0900
Current through Register Vol. 63, No. 12, December 1, 2024
Section 461-135-0900 - Specific Requirements; REF, REFM(1) In addition to the eligibility (see OAR 461-001-0000) requirements in other rules in OAR chapter 461, an individual must meet all of the requirements in this rule to be eligible for the REF and REFM programs.(2) An individual must meet the noncitizen status requirements of OAR 461-120-0125 to be eligible for REF and REFM programs except as follows. In the REFM program, a newborn child (see OAR 461-001-0000) born in the United States to an individual in the REFM program is not required to meet the noncitizen status requirements for the REFM program as long as each parent (see OAR 461-001-0000) in the filing group (see OAR 461-110-0210) meets the noncitizen status requirements of OAR 461-120-0125.(3) An individual is not eligible to receive REF and REFM program benefits if the individual is a full-time student of "higher education", unless such education is part of a cash assistance case plan. Any education or training allowable under an approved case plan must be less than one year in length. For the purposes of this rule, "higher education" means education that meets the requirements of one of the following subsections:(a) Public and private universities and colleges and community colleges that offer degree programs regardless of whether a high school diploma is required for the program. However, GED, ABE, ESL, and high school equivalency programs at these institutions are not considered "higher education".(b) Vocational, technical, business, and trade schools that normally require a high school diploma or equivalency certificate for enrollment in the curriculum or in a particular program at the institution. However, programs at those institutions that do not require the diploma or certificate are not considered "higher education".(4)Eligibility for REF and REFM program benefits -(a) For individuals whose date of eligibility is before October 1, 2021, is limited to the first eight months from the date the immigration status was granted. Months in the United States are counted as whole months. There is no prorating of months.(b) For individuals whose date of eligibility is on or after October 1, 2021, is limited to the first twelve months from the date the immigration status was granted, except for individuals that meet the criteria of paragraph (B) of this subsection. (A) Months in the United States are counted as whole months. There is no prorating of months.(B) The twelve-month period begins May 21, 2022, for an individual who is a citizen or national of Ukraine, or an individual who last habitually resided in Ukraine, who was paroled into the United States between February 24, 2022, and May 21, 2022.(5) In the REF and REFM programs, if an individual was originally resettled in Oregon through the federal refugee resettlement process, then the individual must provide the name of the local resettlement agency that resettled them.Or. Admin. Code § 461-135-0900
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 19-1991(Temp), f. & cert. ef. 10-1-91; AFS 4-1992, f. 2-28-92, cert. ef. 3-1-92; AFS 1-1993, f. & cert. ef. 2-1-93; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 40-1995, f. 12-26-95, cert. ef. 1-1-96; AFS 33-1996(Temp), f. 9-26-96, cert. ef. 10-1-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 17-1998, f. & cert. ef. 10-1-98; AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; AFS 22-2002, f. 12-31-02, cert. ef. 1-1-03; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 3-2008(Temp), f. & cert. ef. 1-30-08 thru 7-28-08; SSP 4-2008(Temp), f. & cert. ef. 2-22-08 thru 7-28-08; SSP 17-2008, f. & cert. ef. 7-1-08; SSP 9-2009(Temp), f. & cert. ef. 5-1-09 thru 10-28-09; SSP 28-2009, f. & cert. ef. 10-1-09; SSP 13-2010(Temp), f. & cert. ef. 5-17-10 thru 11-13-10; SSP 32-2010, f. & cert. ef. 10-1-10; SSP 13-2013, f. & cert. ef. 7-1-13; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 24-2015, f. 9-29-15, cert. ef. 10/1/2015; SSP 10-2017, f. 3-24-17, cert. ef. 4/1/2017; SSP 5-2018, temporary amend filed 01/25/2018, effective 02/01/2018 through 06/30/2018; SSP 21-2018, amend filed 06/05/2018, effective 7/1/2018; SSP 27-2018, amend filed 09/04/2018, effective 10/1/2018; SSP 12-2022, minor correction filed 02/16/2022, effective 2/16/2022; SSP 38-2022, temporary amend filed 06/15/2022, effective 06/15/2022 through 12/11/2022; SSP 39-2022, temporary amend filed 06/27/2022, effective 6/27/2022 through 12/11/2022; SSP 48-2022, amend filed 09/27/2022, effective 10/1/2022; SSP 47-2023, amend filed 09/25/2023, effective 10/1/2023Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.116, 411.121, 411.404 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.116, 411.121, 411.404, 411.878, 412.049, 414.685, 45 CFR 400 & H.R. 7691, 117th Cong. (2021-2022)