OAR 461-135-1195
Specific Requirements; SFPSS Eligibility
(1)
To be eligible, a client must meet the following requirements:(a)
Be an adult;(b)
Meet all TANF program eligibility requirements (except as provided otherwise in this rule);(c)
Be receiving TANF benefits;(d)
Have an impairment that meets the requirements in OAR 461-125-0260 (Impairment Criteria; SFPSS);(e)
File an application for Supplemental Security Income (SSI) disability benefits under the Social Security Act; and(f)
Sign an Interim Assistance Authorization authorizing the Department to recover interim SFPSS program benefits paid to the client (or paid to providers on the client’s behalf) from the initial SSI payment or the initial payment after the decision on SSI eligibility. The following provisions are considered part of the Interim Assistance Authorization:(A)
Interim SFPSS program benefits include only those SFPSS program cash benefits paid to the adult, who is applying for SSI, during the period of time that the SSI benefit covers.(B)
For any month in which SSI is prorated, the Department may recover only a prorated amount of the interim SFPSS program cash benefit.(C)
If the Department does not stop delivery of an SFPSS program benefit issued after the SSI payment is made, the SFPSS program payment is included in the interim assistance reimbursement to the Department.(2)
Counting earned and unearned income.(a)
The TANF standards in OAR 461-155-0030 (Income and Payment Standards; REF, TANF) are used to determine eligibility for the SFPSS program.(b)
The SFPSS payment standard (see OAR 461-155-0320 (Payment Standard; SFPSS)) is used to determine the benefit amount for the SFPSS program.(3)
A client whose impairment no longer meets the criteria in OAR 461-125-0260 (Impairment Criteria; SFPSS) is ineligible for SFPSS benefits.(4)
An SFPSS client found by the Social Security Administration (SSA) not to meet disability criteria may continue receiving SFPSS benefits until all SSA administrative appeals are exhausted.(5)
Once a client is approved for SFPSS, the client is no longer subject to OAR 461-120-0340 (Caretaker Relative Required To Help Division of Child Support Obtain Support From Noncustodial Parent; TANF). The client remains exempt from 461-120-0340 (Caretaker Relative Required To Help Division of Child Support Obtain Support From Noncustodial Parent; TANF) as long as the client is eligible for and receiving SFPSS.(6)
Each client is required to participate in the appropriate activities the Department determines necessary, including activities that promote family stability (see OAR 461-001-0000 (Definitions for Chapter 461)). The Department must consider the needs of an individual with a disability (see 461-001-0000 (Definitions for Chapter 461)), and a client’s need for accommodation or modification.(7)
A client must provide the information necessary for the Department to administer the program.(a)
The necessary information includes that needed to determine appropriate activities for the client and to assess whether a client had good cause (see OAR 461-130-0327 (Good Cause)) for any failure to meet a requirement of the program.(b)
If a medical condition is in question, the Department will assist and may require the client to provide a medical opinion from a qualified and appropriate medical professional.(8)
The Department offers each client the opportunity to participate in any suitable JOBS program activity (see OAR 461-001-0025 (Definitions of Terms, Components, and Activities; JOBS, Pre-TANF, TANF)).
Source:
Rule 461-135-1195 — Specific Requirements; SFPSS Eligibility, https://secure.sos.state.or.us/oard/view.action?ruleNumber=461-135-1195.