Or. Admin. Code § 461-135-1230

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

Section 461-135-1230 - [Effective until 2/6/2025] Benefits; TA-DVS

In the Temporary Assistance for Domestic Violence Survivors (TA-DVS) program:

(1) An individual may receive TA-DVS program benefits for up to 90 days from the date the individual was found eligible.

(a) Two 90-day certification periods may not overlap.

(b) Once a 90-day certification period (see OAR 461-001-0000) has expired, the individual may reapply for TA-DVS program benefits under OAR 461-135-1200(2).

(2) An individual may receive benefits simultaneously from the TA-DVS and Temporary Assistance for Needy Families (TANF) programs.

(3) An individual may receive benefits under the TA-DVS program during the 90-day certification period not to exceed:

(a) $1,200 for individuals whose certification period ended prior to August 11, 2024; or

(b) $3,200 for individuals in a certification period on or after August 11, 2024.

(4) The Department (see OAR 461-001-0000) does not make payments -

(a) After the 90-day certification period unless payment verification was received by the Department by day 90 and payment was not able to be issued due to Department error.

(b) Notwithstanding subsection (a) of this section, more than 10 days after the last day of the certification period.

(5) When approving TA-DVS payments, the Department must consider lower cost alternatives. Benefits issued under this rule are not intended to replace funding that is available in the community. The expectation is that Department staff and individuals work collaboratively to seek resources that are reasonably available to the individual.

(6) TA-DVS benefits address a specific crisis situation or episode of need related to the individual's domestic violence (see OAR 461-001-0000) situation (such as securing new or temporary housing, payment of security deposit, first month's rent, moving expenses, furniture, and clothing replacement). TA-DVS benefits are not utilized to meet current ongoing or recurrent needs expected to continue beyond the 90 day certification period and are not used for the following items even if the individual believes the item would contribute to the individual's safety:

(a) Payments that benefit the abuser;

(b) Payment for attorney or other legal fees;

(c) Payment of a fine or other penalty;

(d) Payment of outstanding or past due costs such as rent or utilities when the individual does not intend to stay in the residence or the need for the payment was not related to the current domestic violence situation;

(e) Payment of a pet fee (unless the pet is a service animal, and only when the service status has been verified by a qualified and appropriate medical professional);

(f) Payment for relocation of household or personal belongings from another state;

(g) Purchase of a car or recreational vehicle, including a travel trailer;

(h) Purchase of a firearm, other weapon, or items intended to be used as self-defense;

(i) Purchase of furniture unless --

(A) The furniture was left behind when the individual fled domestic violence, or it was damaged or stolen as a result of domestic violence;

(B) The furniture is essential to setting up a household (such as a bed, dresser, dining room table and chairs, couch); and

(C) The furniture is not available through a community resource or a less costly alternative.

(j) Purchase of a non-essential item or service such as a television, cable, or satellite even if such an item or service was left behind when the individual fled the domestic violence situation; or

(k) Purchase of a pet or guard animal.

(l) Payment of a request about which inaccurate information was provided.

(m) Payment without verification to the extent required under OAR 461-115-0610.

(7) The individual and the Department prepare a case plan that identifies activities necessary to enhance the safety of the family. The case plan specifies the payments the Department makes to meet the needs for shelter and food and for relocation or other services that will enhance safety.

(8) An individual's available liquid resources may be considered when developing the case plan.

(9) A payment issued for an item in the case plan is issued as a dual-payee or vendor-pay check unless the use of a dual-payee or vendor-pay check is likely to put the individual at risk of harm.

(10) Reimbursements are not an allowable payment unless payment was pre-authorized by the Department and the reason for purchase was related to the current episode of need related to the domestic violence situation.

Or. Admin. Code § 461-135-1230

AFS 9-1999, f. & cert. ef. 7-1-99; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; SSP 8-2004, f. & cert. ef. 4-1-04; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 5-2009, f. & cert. ef. 4-1-09; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 34-2017, amend filed 12/18/2017, effective 1/1/2018; SSP 29-2024, amend filed 03/26/2024, effective 4/1/2024; SSP 46-2024, temporary amend filed 08/07/2024, effective 8/11/2024 through 2/6/2025; SSP 56-2024, temporary amend filed 10/01/2024, effective 10/1/2024 through 2/6/2025

Statutory/Other Authority: 411.060, ORS 409.050, 411.070 & 412.049

Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 412.049, 412.072 & 45 CFR 75.404