OAR 461-135-0520
Time Limit and Special Requirements for ABAWD; SNAP

This rule establishes the time limit and special requirements for receipt of SNAP benefits for certain adults.

(1)

Unless the context indicates otherwise, the following definitions apply to rules in OAR chapter 461:

(a)

“Able-bodied adult without dependents (ABAWD)” means an individual 18 years of age or over, but under the age of 50, without dependents. For the purpose of this definition, “without dependents” means there is no child (see OAR 461-001-0000 (Definitions for Chapter 461)) under the age of 18 years in the filing group (see OAR 461-110-0310 (Filing Group; Overview) and 461-110-0370 (Filing Group; SNAP)).

(b)

“SNAP time-limit areas” means areas of Oregon in which the limitation on eligibility (see OAR 461-001-0000 (Definitions for Chapter 461)) for SNAP benefits for ABAWD in section 6(o)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)(2)) applies. There are no “SNAP time-limit areas” in Oregon during October 1, 2020 to September 30, 2021.

(c)

“SNAP time-limit exempt areas” means areas of Oregon in which the limitation on eligibility for SNAP benefits contained in section 6(o)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)(2)) does not apply per a waiver approved by the United States Department of Agriculture. “Exempt areas” are all counties in Oregon during October 1, 2020 to September 30, 2021.

(2)

Except as provided otherwise in this rule, an ABAWD who resides in one of the SNAP time-limit areas (see section (1) of this rule) is ineligible to receive food benefits as a member of any household after the individual received food benefits for three countable months (see section (3) of this rule) during January 1, 2019 to December 31, 2021.

(3)

“Countable months” means months within the 36-month period of January 1, 2019 to December 31, 2021 in which an individual as a member of any household receives SNAP benefits in Oregon or in any other state, unless at least one of the following applies:

(a) Benefits were prorated for the month.

(b) The individual was exempt from the SNAP time limit for any part of the month for any of the following reasons:

(A) The individual resided for any part of the month in one of the SNAP time-limit exempt areas (see section (1) of this rule).

(B) The individual was pregnant.

(D) The individual met the criteria under OAR 461-130-0310 (Participation Classifications: Exempt, Mandatory, and Volunteer)(3)(a) or (b).

(c) The individual participated in one or more of the activities in paragraphs (A) to (D) of this subsection for 20 hours per week averaged over the month. For purposes of this rule, 20 hours per week averaged monthly means 80 hours per month. (Activities may be combined in one month to meet the 20 hours per week averaged monthly requirement.)

(A)

Work for pay, in exchange for goods or services, or unpaid work as a volunteer.

(i)

Work in exchange for goods and services includes bartering and in-kind work.

(ii)

Unpaid or voluntary work hours must be verified by the employer.

(iii)

For self-employed individuals, countable income after deducting the costs of producing income (as described in OAR 461-145-0930 (Self-Employment; Determination of Countable Income)(5)) must average at least the federal minimum wage times 20 hours per week.

(B)

Participate in a program under the Workforce Investment Act of 1998, Pub. L. No. 105‑220, 112 Stat. 936 (1998).

(C)

Participate in a program under section 236 of the Trade Act of 1974, Pub. L. 93‑618, 88 Stat. 2023, (1975) (19 U.S.C. 2296).

(D)

Comply with the employment and training requirements described in OAR 461-001-0020 (Definitions; SNAP Employment and Training Components and Activities), 461-130-0305 (General Provisions; Employment Programs), and 461-130-0315 (Requirements for Mandatory Employment Program Clients; Pre-TANF, REF, SNAP, TANF). Work search activities must be combined with other work-related activities to equal 20 hours per week and may not exceed 9 hours per week.

(d)

The individual complied with the Workfare requirements in OAR 461-190-0500 (Workfare; SNAP).

(4)

An ABAWD must submit evidence to the Department within 90 days following the month they received the countable month to show they were exempt or met the 80 hour activity requirement..

(5)

An ABAWD who is ineligible under section (2) of this rule but otherwise eligible may regain eligibility if the requirements of subsections (a) or (b) of this section are met.

(a)

The individual becomes exempt under subsection (3)(b) of this rule. Eligibility regained under this subsection begins on the date the individual files a new application and continues as long as the individual is exempt and is otherwise eligible. If not eligible on the filing date (see OAR 461-115-0040 (Filing Date; REF, SNAP, TANF)), eligibility begins the date all other eligibility requirements are met.

(b) The individual, during a consecutive 30-day period during which the individual is not receiving SNAP benefits, meets the requirements of subsection (3)(c) or (3)(d) of this rule.

(A)

Eligibility regained under this subsection begins on the date the individual files a new application and continues as long as the individual meets the requirements of subsection (3)(c) or (3)(d) of this rule and is otherwise eligible. If not eligible on the filing date, eligibility begins the date all other eligibility requirements are met.

(B) There is no limit to how many times an individual may regain eligibility under this subsection during January 1, 2019 to December 31, 2021.

(c) See OAR 461-180-0010 (Effective Dates; Adding a New Person to an Open Case) to add an individual to an open SNAP case after the individual has regained eligibility under this section.

(6) An individual who regains eligibility under section (5) of this rule and later fails to comply with the participation requirements of subsection (3)(c) or (3)(d) of this rule may receive a second set of food benefits for three consecutive countable months. The countable months are determined as follows:

(a) If the individual stopped participation in a work program, countable months start when the Department notifies the individual they are no longer meeting the work requirement.

(b) If the individual stopped participation in a work program, countable months start when the individual notifies the Department they are no longer meeting the work requirement.

(c) If a change occurred which results in an individual becoming subject to the time limit in section (2) of this rule and the change was required to be reported under rules in OAR chapter 461, division 170, the countable months start when the change occurred.

(d) If a change occurred which results in an individual becoming subject to the time limit and the change was not required to be reported under rules in OAR chapter 461, division 170, countable months start when the Department notifies the individual they must meet the work requirement.

(e) An individual may only receive benefits without meeting the requirements of subsection (3)(c) or (3)(d) of this rule for no more than a total of six countable months during January 1, 2019 to December 31, 2021.

(7) This space is reserved for the use of discretionary exemptions, granted by the Food and Nutrition Service, for ABAWDs residing in certain SNAP time-limit areas who are at risk of having their benefits closed or reduced. Beginning April 1, 2020 to September 30, 2021, the Department is not granting discretionary exemptions.

(8) An ABAWD involved in the activities specified in subsection (3)(c) or (3)(d) of this rule or an activity listed in the individual’s case plan (see OAR 461-001-0020 (Definitions; SNAP Employment and Training Components and Activities)) is eligible for support service payments necessary for transportation and other costs related to completing the activity as allowed by OAR 461-190-0360 (Special Payments; SNAP Employment and Training Programs).

Source: Rule 461-135-0520 — Time Limit and Special Requirements for ABAWD; SNAP, https://secure.sos.state.or.us/oard/view.action?ruleNumber=461-135-0520.

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OAR 461-135-0520 Time Limit and Special Requirements for ABAWD; SNAP

(1)

(a)

(b)

(c)

(2)

(3)

(A)

(i)

(ii)

(iii)

(B)

(C)

(D)

(d)

(4)

(5)

(a)

(A)

OAR 461-135-0520
Time Limit and Special Requirements for ABAWD; SNAP