Or. Admin. Code § 461-190-0211

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

Section 461-190-0211 - Case Plan Activities and Standards for Support Service Payments; JOBS, Pre-TANF, SFPSS, TANF

In the Job Opportunity and Basic Skills (JOBS), Pre-Temporary Assistance for Needy Families (TANF), State Family Pre-SSI/SSDI (SFPSS), and Temporary Assistance for Needy Families (TANF) programs, notwithstanding any other administrative rule in chapter 461 and subject to the availability of state and federal funding, the following special provisions apply:

(1)Support services (see OAR 461-001-0025) payments are available to:

(a) An individual who is an adult parent, needy caretaker relative (see OAR 461-001-0000), teen parent (see OAR 461-001-0000), or a minor parent (see OAR 461-001-0000) who is head of household; in the TANF filing group (see 461-110-0330) and is not otherwise exempt (see OAR 461-130-0305) and in accordance with participation requirements in OAR 461-130-0310.

(b) An individual who is a recipient of Pre-TANF or SFPSS programs.

(2) Pursuant to the reasonable cost requirements in 45 CFR 75.404, in approving support services payments, the Department (see OAR 461-001-0000) must consider lower cost alternatives. This rule is not intended to supplant Department funding with other funding that is available in the community. The expectation of the Department is that Department staff and individuals work collaboratively to seek resources that are reasonably available to the individual in order to participate in activities.

(3) Payment for support services are provided when:

(a) Necessary to participate in an approved activity (see OAR 461-001-0025) specified in the individual's case plan;

(b) Authorized in advance;

(c) Meet one of the four federal purposes of TANF identified in 45 CFR 260.20; and

(d) All other provisions of this rule are met.

(4) A Department approved activity is eligible for support services payments, except for the following activities:

(a) Family Support & Connections,

(b) Retention services, and

(c)Microenterprise (see OAR 461-190-0197).

(5) In the JOBS, Pre-TANF, SFPSS, and TANF programs, the Department may provide payments for support services for eligible (see OAR 461-130-0310) individuals engaged in an approved activity specified in the individual's case plan, subject to provisions in subsections (1)(a) and (1)(b) of this rule. Support services payment types are subject to the following limitations:

(a) Transit and Gas Payments: Requests for recurring transit or gas payments may not exceed six consecutive months of issuance per request. If the individual's eligibility changes during the six months of recurring payments, timely continuing benefit decision notice (see OAR 461-001-0000) must be sent.

(b) Tuition payments for self-initiated training activity or vocational training activity: Payments for tuition and other educational costs for vocational training and self-initiated training (see OAR 461-001-0025) may be limited to no more than a twelve-month period per individual and shall be reviewed on a term-by-term basis. Individuals must show that they are making satisfactory progress (see OAR 461-001-0025) in their program and working towards receiving or clearing their standing to receive financial aid.

(c) Auto Expenses: Payments for auto expenses, repairs, or car insurance to support the goals specified in the individual's case plan. Payments for vehicle repairs are limited to situations where repairs are necessary to operate the vehicle.

(d) Eyeglasses: Effective July 19, 2023, payments for eyeglasses (does not include contacts) when necessary to remove a barrier towards gaining employment. Requests for eyeglasses above $50 shall require verification of the need from a qualified and appropriate professional. Payments for eyeglasses are limited to individuals who are not:

(A) Under the age of 21,

(B) A pregnant adult, or

(C) Within the last day of the twelfth month following the month in which the individual gave birth.

(e) Tax Preparation Services: Payments for personal tax preparation services are limited to payments for the current tax year and can only be accessed from January 1 through Tax Day in April, in situations where no free community resources are available.

(f) Science, technology, engineering, arts, and mathematics (STEAM): Payments for science, technology, engineering, arts, and mathematics are limited to educational purposes. Individuals must continue to meet all other provisions of this rule and payment is limited to activities in which the eligible individual and their TANF filing group can participate together. Examples of allowed payments include but are not limited to family passes to museums, Oregon State Parks, and marine or natural science centers.

(g) None of the following are allowed for payment by the Department:

(A) Medical Assistance or medical services, including but not limited to dental services, eye exams, urinalysis and other medical screenings, or substance use testing.

(B) Mental health services.

(C) Alcohol and drug treatment services.

(D) Credit card debt and other debt payments in the collection process.

(E) Payments for entertainment services, including but not limited to amusement parks, digital streaming services or applications, or movie theaters.

(F) Fines, reinstatement fees, restitution, legal or civil fees (including attorney fees and expungement), court costs, or other costs associated with a penalty.

(G) Purchase of a car, recreational vehicle, or motor home.

(H) Any payments described in this rule for individuals employed in, seeking employment in, or engaged in an illegal activity (see OAR 461-120-0215).

(I) Animal related costs.

(J) Payments for child care, including registration fees and ERDC co-payments.

(K) Purchase of a firearm or other items intended to be used as self-defense or as a weapon.

(L) Payments for expenses with a due date in a future benefit month.

(6) The Department may require an individual to provide verification of a need for, or costs associated with, support services prior to approval and issuance of payments if verification is reasonably available.

(7) The Department may reduce, close, or deny in whole or in part a request for support services payments in the following circumstances:

(a) The purpose for the payments is not related to the individual's case plan.

(b) The individual is failing to comply with the case plan or disqualified, unless the payments in question are necessary for the individual to demonstrate cooperation with the individual's case plan.

(c) The individual disagrees with support services payments offered or made by the Department as outlined in the individual's case plan.

(d) The payment does not relate to one of the four federal purposes of TANF in 45 CFR 260.20.

(e) The payment does not comply with the reasonable cost requirements in 45 CFR 75.404 or lower cost alternatives are available.

Or. Admin. Code § 461-190-0211

AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96; AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96; AFS 18-1998, f. & cert. ef. 10-2-98; AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99; AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04; SSP 21-2004, f. & cert. ef. 10-1-04; SSP 11-2005(Temp), f. & cert. ef. 9-1-05 thru 12-31-05; SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 32-2010, f. & cert. ef. 10-1-10; SSP 42-2010(Temp), f. 12-30-10, cert. ef. 1-1-11 thru 6-30-11; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11; SSP 19-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11; SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11; SSP 30-2011(Temp), f. & cert. ef. 11-1-11 thru 4-29-12; SSP 11-2012, f. & cert. ef. 4-6-12; SSP 12-2012(Temp), f. & cert. ef. 4-6-12 thru 9-30-12; SSP 18-2012(Temp), f. & cert. ef. 5-23-12 thru 9-30-12; SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12; SSP 34-2012(Temp), f. & cert. ef. 11-6-12 thru 5-5-13; SSP 38-2012(Temp), f. 12-28-12, cert. ef. 1-1-13 thru 5-5-13; SSP 2-2013(Temp), f. & cert. ef. 1-23-13 thru 5-5-13; SSP 8-2013, f. & cert. ef. 4-1-13; SSP 15-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13; SSP 24-2013, f. & cert. ef. 10-1-13; SSP 6-2014(Temp), f.& cert. ef. 3-5-14 thru 9-1-14; SSP 15-2014, f. & cert. ef. 7-1-14; SSP 3-2015(Temp), f. & cert. ef. 1-1-15 thru 6-29-15; SSP 17-2015, f. & cert. ef. 6/30/2015; SSP 18-2015(Temp), f. 6-30-15, cert. ef. 7-1-15 thru 12-27-15; SSP 34-2015, f. 12-22-15, cert. ef. 12/28/2015; SSP 23-2016, f. 6-28-16, cert. ef. 7/1/2016; SSP 3-2017(Temp), f. 2-28-17, cert. ef. 3- 1-17 thru 6-30-17; Reverted to SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16; SSP 22-2017, f. 9-8-17 & cert. ef. 10/1/2017; SSP 28-2017, temporary amend filed 11/01/2017, effective 11/01/2017 through 03/31/2018; SSP 32-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 03/31/2018; SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018; SSP 13-2018, temporary amend filed 03/27/2018, effective 04/01/2018 through 06/30/2018; SSP 20-2018, temporary amend filed 05/24/2018, effective 06/01/2018 through 06/30/2018; SSP 21-2018, amend filed 06/05/2018, effective 7/1/2018; SSP 26-2018, temporary amend filed 07/30/2018, effective 08/01/2018 through 12/31/2018; SSP 27-2018, amend filed 09/04/2018, effective 10/1/2018; SSP 5-2020, amend filed 03/30/2020, effective 04/01/2020; SSP 44-2020, amend filed 12/22/2020, effective 1/1/2021; SSP 45-2021, temporary amend filed 08/25/2021, effective 8/25/2021 through 2/20/2022; SSP 27-2022, amend filed 02/16/2022, effective 2/17/2022; SSP 38-2022, temporary amend filed 06/15/2022, effective 6/15/2022 through 12/11/2022; SSP 48-2022, amend filed 09/27/2022, effective 10/1/2022; SSP 59-2022, amend filed 12/27/2022, effective 1/1/2023; SSP 22-2023, amend filed 06/26/2023, effective 7/1/2023; SSP 53-2023, amend filed 12/21/2023, effective 1/1/2024; SSP 29-2024, amend filed 03/26/2024, effective 4/1/2024; SSP 54-2024, amend filed 09/27/2024, effective 10/1/2024

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.121, 412.006, 412.009, 412.014 & 412.049

Statutes/Other Implemented: ORS 412.016, 412.049, 412.084, ORS 291.003, 409.010, 409.040, 411.060, 411.070, 411.121, 412.001, 412.002, 412.006, 412.009, 412.011, 412.014, 45 CFR 75.404 & 45 CFR 260.20