OAR 461-135-0660
SNAP; COVID-19


The provisions in this rule apply to the SNAP program.

(1)

The Department suspends the following rule sections regarding the SNAP program as provided in this rule:

(a)

OAR 461-115-0230 (Interviews)(3), and

(b)

OAR 461-135-0520 (Time Limit and Special Requirements for ABAWD; SNAP)(2) and (6).

(2)

The Department amends the following rules and rule sections regarding the SNAP program as provided in this rule:

(a)

OAR 461-115-0020 (Application Requirements)(2),

(b)

OAR 461-115-0450 (Periodic Redeterminations; SNAP)(1) and (2),

(c)

OAR 461-135-0570 (Eligible and Ineligible Students; SNAP)(3), and

(d)

OAR 461-170-0102 (Required Reports for the Simplified Reporting System (SRS); SNAP).

(3)

Per the Families First Coronavirus Act, Title 3, Section 2301:

(a)

SNAP time limit work requirements for ABAWDs (see OAR 461-135-0520 (Time Limit and Special Requirements for ABAWD; SNAP)) are temporarily waived.
(b) ABAWDs will not be subject to earning countable months (see OAR 461-135-0520 (Time Limit and Special Requirements for ABAWD; SNAP)).
(4) An individual who the Department has determined is mandatory (see OAR 461-130-0305 (General Provisions; Employment Programs)) will be granted “good cause” (see OAR 461-130-0327 (Good Cause)) if the reason for not accepting employment or for leaving a job was due to the individual’s concerns regarding their health due to the COVID-19 pandemic.
(5) Notwithstanding OAR 461-115-0450 (Periodic Redeterminations; SNAP), the Department may extend a certification period (see OAR 461-001-0000 (Definitions for Chapter 461)) before the certification period ends:
(a) Not to exceed 6 months, when the certification period ends in the months of March, April, May, or June of 2020.
(b) When the certification period ends in October or November 2020:
(A) The certification period is extended to April 30, 2021, for a filing group with a certification period of 12 or fewer months.
(B) The certification period is extended to October 31, 2021, for a filing group with a certification period of 24-months.
(c) When the Mid-Certification Review is due in the months of October, November or December 2020, the Department waives the requirement to submit the Review and:
(A) The certification period is extended to October 31, 2022 and the Mid-Certification Review is due in October 2021, for a filing group with a Review due in October or November 2020.
(B) The certification period is extended to December 31, 2022 and the Mid-Certification Review is due in December 2021, for a filing group with a Review due in December 2020.
(d) When the certification period ends in December 2020:
(A) The certification period is extended to June 30, 2021 for a filing group with a certification period of 12 or fewer months.
(B) The certification period is extended to December 31, 2021 for a filing group with a certification period of 24-months.
(e) When the certification period ends in the months of February or March 2021 and the certification period of the filing group has not been previously extended by the Department:
(A) Not to exceed 6 months when the only countable income is TANF program benefits or TANF program benefits and Social Security benefits.
(B) Not to exceed 12 months when the only countable income is Social Security benefits.
(6) Notwithstanding OAR 461-170-0102 (Required Reports for the Simplified Reporting System (SRS); SNAP), the Department waives the requirement to submit an “Interim Change Report” or a “Mid-Certification Review” in order to continue receiving benefits:
(a) When the Interim Change Report or Mid-Certification Review is due in the months of March, April, May, or June of 2020.
(b) When the Interim Change Report is due in the months of October, November, or December of 2020.
(7) Emergency allotments (supplements) are permitted through USDA waiver under Families First coronavirus Response Act of 2020. The Department may issue an emergency allotment of SNAP benefits for any months approved for an emergency allotment by the Food and Nutrition Service, with the following limitations:
(a) The emergency allotment does not change the benefit level, calculated under OAR 461-160-0400 (Use of Income to Determine Eligibility and Benefits; SNAP), for the benefit group (see OAR 461-110-0750 (Benefit Group)).
(b) The emergency allotment shall be issued on a date determined by the Department, not subject to OAR 461-165-0100 (Issuance Date of Benefit).
(c) Beginning April 2020, and except as provided in paragraphs (A) and (B) of this subsection, the amount of the emergency allotment shall be the difference between the benefit level calculated under OAR 461-160-0400 (Use of Income to Determine Eligibility and Benefits; SNAP) and the maximum Payment Standard for the number of individuals in the benefit group. If there is no difference, no emergency allotment shall be issued.
(A) Beginning April 2021, if the difference calculated equals an amount less than $95, the amount emergency allotment shall be $95.
(B) Beginning May 2021, if the benefit level calculated under OAR 461-160-of a benefit group is $0, no emergency allotment shall be issued.
(d) When the Food and Nutrition Service makes a change that ends, reduces, or suspends the emergency allotment:
(A) No decision notice (see OAR 461-001-0000 (Definitions for Chapter 461)) is required. The Department is not required to mail a notice of intended action.

(B)

The Department shall publicize the change using one or more of the following methods:
(i) Informing the public through the news media.
(ii) Placing posters in the offices that serve affected individuals, in the locations where SNAP is issued, and at other sites frequented by individuals receiving SNAP.
(iii) Mailing a general notice to the households of affected recipients.
(e) Excepting an overpayment (see OAR 461-195-0501 (Definitions and Categories of Overpayments)), there is no right to hearing to dispute emergency allotment and no right to continuing benefits.

(8)

For applications with a filing date (see OAR 461-115-0040 (Filing Date; REF, SNAP, TANF)):

(a)

Established from March 23, 2020 to June 30, 2021, the Department waives the requirement under OAR 461-115-0020 (Application Requirements) section (1) to meet the interview requirements in order to complete the application process, and

(b)

Established from March 23, 2020 to June 30, 2021, the Department suspends the requirement under OAR 461-115-0230 (Interviews)(3)(b) to grant a face-to-face interview at the applicant’s request.

(c)

The provisions in this section are retroactively effective for applications with a filing date of March 23, 2020, and after.
(9) Retroactively effective January 16, 2021: In addition to the provisions under section (3) of OAR 461-135-0570 (Eligible and Ineligible Students; SNAP), to be eligible for SNAP benefits, a student of higher education (see OAR 461-135-0570 (Eligible and Ineligible Students; SNAP)) may also meet the requirements of one of the following subsections:
(a) The student of higher education is eligible to participate in state or federally funded work study program during the regular school year.
(b) The student of higher education has an Expected Family Contribution (EFC) of $0 in the current academic year, as determined through the Free Application for Federal Student Aid (FAFSA).
(10) The provisions--
(a) Listed in sections (3) and (4) of this rule end on the last day of the month in which the public health emergency declaration made by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 (COVID–19) is lifted.
(b) Listed in section (9) of this rule end 30 days after the day upon which the public health emergency declaration made by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 (COVID–19) is lifted.
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 461-135-0660’s source at or​.us