OAR 461-135-0070
Specific Requirements; TANF

(1)

To be eligible for TANF program benefits:

(a)

An individual must be one of the following:

(A)

A dependent child (see OAR 461-001-0000 (Definitions for Chapter 461)). However, a dependent child for whom foster care payments are made is not eligible while the payments are being made for the dependent child.

(B)

A caretaker relative (see OAR 461-001-0000 (Definitions for Chapter 461)) of an eligible dependent child when the caretaker relative:
(i)
Is receiving TANF program benefits for the dependent child, or
(ii)
Is applying for TANF program benefits for the dependent child.

(C)

A caretaker relative of a dependent child, when the dependent child is ineligible for TANF program benefits because of one of the following reasons:
(i)
The child is receiving SSI.
(ii)
The child is in foster care, but is expected to return home within 30 days.

(D)

A parent (see OAR 461-001-0000 (Definitions for Chapter 461)) of an unborn, as follows:
(i)
For the TANF program, any parent whose only child is an unborn child once the mother’s pregnancy has reached the calendar month before the month in which the due date falls.
(ii)
For the TANF program, the parent of an unborn child, if there is another dependent child in the filing group.

(b)

Unless the individual is exempt from JOBS participation and JOBS disqualification under OAR 461-130-0310 (Participation Classifications: Exempt, Mandatory, and Volunteer), an individual must demonstrate two-consecutive weeks of cooperation in appropriate activities (see OAR 461-001-0025 (Definitions of Terms, Components, and Activities; JOBS, Pre-TANF, TANF)) if:

(A)

TANF program benefits had closed within the prior three consecutive calendar months from the filing date (see OAR 461-115-0040 (Filing Date; REF, SNAP, TANF)) for TANF with an active level 1 through level 4 TANF program disqualification (see OAR 461-130-0330 (Disqualifications; Pre-TANF, REF, SNAP, TANF) and 461-135-0085 (Requirement to Attend an Assessment or Evaluation, or Seek Medically Appropriate Treatment for Substance Abuse and Mental Health; Disqualification and Penalties; Pre-TANF, REF, TANF)); or

(B)

The filing date for TANF program benefits is within the prior three consecutive calendar months after the end of a two consecutive month period of TANF ineligibility according to OAR 461-130-0330 (Disqualifications; Pre-TANF, REF, SNAP, TANF)(5)(e).

(2)

As used in this rule:
(a) Except as provided otherwise in this section, “good cause” means a reasonable person of normal sensitivity, exercising ordinary common sense under similar circumstances, would have --
(A) Quit work, including in anticipation of discharge;
(B) Participated in behavior leading to the individual’s discharge; or
(C) Voluntarily reduced work hours.
(b) For an individual with a physical or mental impairment (as defined at 29 CFR 1630.2(h)), except as provided otherwise in subsection (c) of this section, “good cause” for leaving work means that a reasonable person with the characteristics and qualities of such individual under similar circumstances would have --
(A) Quit work, including in anticipation of discharge;
(B) Participated in behavior leading to the individual’s discharge; or
(C) Voluntarily reduced work hours.
(c) There is no “good cause” if the reason for separation from employment is a labor dispute.

(3)

Except as provided under section (4) of this rule, a need group (see OAR 461-110-0630 (Need Group)) is not eligible for TANF program benefits for 120 days from the date a parent or caretaker relative was separated from or voluntarily reduced work hours at his or her last employment in which a parent or caretaker relative in the need group was hired to work 100 or more hours per month or worked or was scheduled to work 100 or more hours in the last full calendar month of employment. This applies at initial certification, recertification, and is a condition of ongoing eligibility (see OAR 461-001-0000 (Definitions for Chapter 461)).

(4)

A need group (see OAR 461-110-0630 (Need Group)) may not be reduced or denied TANF program benefits based on section (3) of this rule if the parent or caretaker relative is one of the following:

(a)

A teen parent (see OAR 461-001-0000 (Definitions for Chapter 461)) returning to high school or equivalent.

(b)

An individual fleeing from or at risk of domestic violence (see OAR 461-001-0000 (Definitions for Chapter 461)).

(c)

An individual who is pregnant and the pregnancy has reached the first of the calendar month prior to the month in which the due date falls.

(d)

An individual who is pregnant and experiencing medical complications due to the pregnancy that prohibit participation in activities of the program and are documented by a qualified and appropriate professional.

(e)

An individual unable to work due to a disability or medical condition documented by a qualified and appropriate professional, and which is expected to last for 30 days or more from the filing date for TANF program benefits.

(f)

An individual who was separated from employment for a reason the Department determines is good cause as defined in section (2) of this rule.

(g)

An individual who was separated from employment as a result of a layoff.

(5)

A family is ineligible for TANF program benefits if the family meets the requirements of all of the following subsections:

(a)

The family lives in Klamath County.

(b)

The family meets any of the following conditions:

(A)

The family has a single custodial parent who is a member of the Klamath Tribes, or the single custodial parent is not a Klamath Tribes member and at least 50 percent of the dependent children are Klamath Tribes members;

(B)

The family has two custodial parents (see OAR 461-001-0000 (Definitions for Chapter 461)) who are members of the Klamath Tribes, or only one of the two custodial parents is a Klamath Tribes member and at least 50 percent of the dependent children are Klamath Tribes members; or

(C)

The family has a caretaker relative who is not the custodial parent and at least 50 percent of the dependent children are Klamath Tribes members.

(c)

The family is eligible for the Klamath Tribes TANF program or would be eligible for the Klamath Tribes TANF program if not for the failure of the family to cooperate with program requirements.

(6)

A family is ineligible for TANF program benefits if all of the following subsections apply to the family:

(a)

A parent, caretaker relative, or child is a member of the Siletz Tribe (Confederated Tribes of Siletz Indians of Oregon) and lives in one of the eleven service area counties: Benton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington, or Yamhill counties.

(b)

The family includes members who are living in the same household and at least one of the following paragraphs applies:

(A)

A two-parent family with one enrolled Siletz tribal member with a shared dependent.

(B)

A single-parent family with one enrolled Siletz tribal member.

(C)

A non-needy caretaker relative or essential person with one enrolled Siletz tribal member who is a minor.

(D)

A pregnant enrolled Siletz tribal member in her eighth month of pregnancy.

(c)

The family is eligible for the Siletz Tribes TANF program or would be eligible for the Siletz Tribes TANF program if not for the failure of the family to cooperate with Siletz TANF program requirements.

(7)

If a parent or caretaker relative covered by section (5) or (6) of this rule fails to follow through with a Department referral to the Klamath or Siletz Tribal TANF program, the entire filing group is ineligible for TANF program benefits.

Source: Rule 461-135-0070 — Specific Requirements; TANF, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=461-135-0070.

461–135–0010
Assumed Eligibility for Medical Programs 461–135–0070
Specific Requirements 461–135–0071
TANF Time Limit 461–135–0073
TANF Time Limit 461–135–0075
TANF Time Limit 461–135–0080
TANF Eligibility for Minor Parents 461–135–0085
Requirement to Attend an Assessment or Evaluation, or Seek Medically Appropriate Treatment for Substance Abuse and Mental Health 461–135–0087
Good Cause for Failure to Comply with Substance Abuse or Mental Health Requirements 461–135–0089
Demonstrating Compliance with Substance Abuse and Mental Health Requirements 461–135–0200
Multiple Disqualifications 461–135–0220
REF, REFM, and TANF Programs 461–135–0300
Eligibility for and Needs Covered by EA 461–135–0301
Closure of the Emergency Assistance (EA) Program Effective May 1, 2004 461–135–0310
Covered Shelter Needs 461–135–0320
Time Limits 461–135–0340
Work Requirements 461–135–0350
Eligible People 461–135–0400
Specific Requirements 461–135–0405
Children in the Head Start Program 461–135–0415
Requirement to Make Copay or Satisfactory Arrangements 461–135–0440
Child Care Benefit Eligibility and Payment 461–135–0475
Specific Requirements 461–135–0485
Requirement to Complete an Employability Screening and Overview of the Job Opportunity and Basic Skills (JOBS) Program 461–135–0491
Disaster Supplemental Nutrition Assistance Program (DSNAP) 461–135–0492
Application, Interviews, and Verification for DSNAP 461–135–0493
Eligibility and Benefit Amount for DSNAP 461–135–0494
DSNAP Treatment of Households Already Certified and Receiving SNAP Benefits 461–135–0495
Recertifications for DSNAP 461–135–0496
Hearings for DSNAP 461–135–0497
Household Liability in the DSNAP 461–135–0498
Pandemic-related Supplemental Nutrition Assistance Program 461–135–0505
Categorical Eligibility for SNAP 461–135–0506
Transitional Benefit Alternative (TBA) in the SNAP Program 461–135–0510
Residents of Institutions 461–135–0520
Time Limit and Special Requirements for ABAWD 461–135–0521
Job Quit by Applicants 461–135–0530
People in Adult Foster Care (AFC) and Boarding Houses 461–135–0560
Fleeing Felon and Violators of Parole, Probation, and Post-Prison Supervision 461–135–0570
Eligible and Ineligible Students 461–135–0575
SNAP Expedited Services 461–135–0580
Prepared Meals 461–135–0590
Communal Dining 461–135–0610
Meal Providers for Homeless Individuals 461–135–0660
SNAP 461–135–0700
Specific Requirements 461–135–0701
Terminate GA and GAM Programs October 1, 2005 461–135–0708
Criteria for Developing a Plan for Self-support 461–135–0725
Specific Requirements 461–135–0726
Specific Requirements 461–135–0730
Specific Requirements 461–135–0745
Eligibility for Individuals in Acute Care Settings 461–135–0750
Individuals Applying for or Receiving Long-Term Care or Home and Community-Based Care 461–135–0755
Individual Residing in a 24-Hour Mental Health Residential Care Setting 461–135–0771
Eligibility for OSIPM Under “Grandfathering” Provision 461–135–0780
Pickle Amendment Clients 461–135–0790
Eligibility for People in an Institution Since 1973 461–135–0800
Eligibility for 1972 COLA Clients 461–135–0820
Eligibility for Widows and Widowers 461–135–0830
Eligibility for Disabled Adult Children 461–135–0832
Estate Administration 461–135–0833
Burial Expenses 461–135–0834
Delivery of Required Notices to the Estate Administration Unit 461–135–0835
Limits on Estate Claims 461–135–0837
Administering Medicaid Estate Claims When the Recipient of Assistance was a Native American Indian or Alaskan Native Village Tribal Member 461–135–0838
Administering Estate Claims 461–135–0839
Title to Real and Personal Property 461–135–0841
Undue Hardship Waiver Criteria 461–135–0843
Establishing Legal Title, Interest or Form of Ownership 461–135–0844
Procedures for Applying for Undue Hardship Waiver 461–135–0845
Valuation of Life Estate, Reversionary Interest, and Property 461–135–0847
Forms 461–135–0850
Specific Requirements 461–135–0875
Specific Requirements 461–135–0880
OSIPM and QMB Programs 461–135–0900
Specific Requirements 461–135–0910
Unaccompanied Minor Program 461–135–0915
Specific Requirements 461–135–0920
Refugees Applying for SSI 461–135–0930
Medical Coverage for Refugees 461–135–0950
Eligibility for Inmates and Residents of Public Institutions 461–135–0990
Specific Requirements 461–135–1070
Specific Requirements 461–135–1175
Senior Farm Direct Nutrition Program 461–135–1185
Low-Income Subsidy Program (LIS) 461–135–1186
LIS Applications 461–135–1187
Eligibility Determinations and Due Process for LIS 461–135–1195
Specific Requirements 461–135–1197
Good Cause 461–135–1200
Specific Requirements 461–135–1230
Benefits 461–135–1235
TA-DVS 461–135–1240
TA-DVS Program 461–135–1250
Closure of Post-TANF Program 461–135–1260
Specific Requirements: Job Participation Incentive 461–135–1270
Specific Requirements
Last Updated

Jun. 8, 2021

Rule 461-135-0070’s source at or​.us