OAR 461-160-0040
Dependent Care Costs; Deduction and Coverage
(1)
In the SNAP program, dependent care is deductible (see OAR 461-160-0430 (Income Deductions; SNAP)) when all of the following are true:(a)
The dependent is a member of the filing group (see OAR 461-110-0310 (Filing Group; Overview)) and is in the care, control, and custody of an individual in the group.(b)
The dependent care provider:(A)
Is not in the filing group; and(B)
Is not the parent (see OAR 461-001-0000 (Definitions for Chapter 461)) of the dependent.(c)
The dependent care is necessary because the client is working, commuting, on a meal break, in training, participating in pre-employment education, or participating in an OFSET case plan (see OAR 461-001-0020 (Definitions; SNAP Employment and Training Components and Activities)).(2)
In the SNAP program, dependent care costs that are deductible under section (1) of this rule include:(a)
The costs of care provided by an individual care provider or care facility,(b)
Transportation costs to and from the individual care provider or care facility, and(c)
Activity or other fees associated with the care provided to the dependent that are necessary for the dependent to participate in the care; with the exception of fees related to penalties, fines, or advance payment for cost of care.(3)
In the ERDC and TANF programs, the cost of dependent child care may be paid for by the Department (is covered) only if dependent child care is necessary for the working client to perform the client’s job duties, except in the ERDC program the cost of dependent care is allowed for approved educational hours, for clients participating in the Occupational Training and Child Care program, and for child care authorized under section (5) of this rule.(a)
For a client working under a JOBS Plus agreement, child care is covered during the time the client is engaged in work or in job search if the employer pays the client during that time.(b)
Child care is covered for clients participating in the Occupational Training and Child Care program who have applied for the program and actively engaged in training as outlined in the Occupational Training and Child Care program.(4)
In the ERDC, JOBS, and TANF programs, the cost of dependent child care is not covered by the Department when free care is available, such as during school hours for school-age children.(5)
Child care is not covered in the ERDC and TANF programs if the nature of the work of the caretaker (see OAR 461-001-0000 (Definitions for Chapter 461)) does not make it necessary for a person other than the caretaker to provide the care. Child care is not covered during a period of time when the caretaker --(a)
Works at home and the nature of the work allows the caretaker to provide the care without significantly affecting the work;(b)
Provides child care in a residence; or(c)
Works for a provider of child care in a residence, unless the provider is a certified family child care home under OAR 414-350-0000 (Applicability of Rules) to 414-350-0400.(6)
In the ERDC program the cost of dependent child care may continue to be paid for by the Department (is covered) during the certification period (see OAR 461-001-0000 (Definitions for Chapter 461)) with no change to the authorized child care hours subject to the following provisions:(a)
When a reduction in work hours occurs the copay may be adjusted.(b)
When a job loss occurs:(A)
When a caretaker has a permanent job loss from all employment the copay is waived for up to three months for a work search period, starting the month after the job loss occurred.(B)
The waiver ends at the end of the three month period if the caretaker becomes employed.(C)
The three month work search period does not apply when:(i)
The adult was discharged or fired without good cause (see OAR 461-135-0070 (Specific Requirements; TANF)(2)) for misconduct, felony, or theft. “Misconduct” means willful or wantonly negligent violation of the standards of behavior which an employer has the right to expect of an employee, including an act or series of actions that amount to a willful or wantonly negligent disregard of an employer’s interest.(ii)
The adult voluntarily quit in anticipation of discharge or without good cause.(c)
For medical leave:(A)
When a caretaker is on medical leave the reason for the leave must be verified including diagnosis and prognosis under OAR 461-125-0830 (Medical Documentation; Disability and Other Determinations). Maternity leave may be authorized for three months (12 weeks) without medical documentation.(B)
For a decrease or increase in income during or at the end of medical leave see OAR 461-180-0005 (Effective Dates; Acting on Changes; ERDC) and OAR 461-180-0030 (Effective Dates; Changes in Income or Income Deductions that Cause Reductions).(C)
Medical leave and maternity leave can be extended when new verification is received prior to the end of the month noted on the original documentation. Medical leave cannot extend beyond the certification period.(d)
For military transition:(A)
When a caretaker who is a discharged U.S. military member returns from active duty in a military war zone, the copay is waived for up to six months starting the month after the military member returns home.(B)
The copay waiver ends at the end of the six month period if the caretaker becomes employed. The copay waiver ends before the end of the six month period if the caretaker returns to active duty.(e)
Under this section child care may be used for work, work search, approved educational hours, military transition activities, or other activities to maintain a part-time or full-time slot at a child care facility.(f)
If the client stops participating in the Occupational Training and Child Care program:(A)
The client’s copay is waived for up to three months while the client is in the process of reengaging into the program.(B)
The waiver ends when the client reengages into the Occupational Training and Child Care program(C)
If the client does not reengage within three months, the ERDC certification ends at the end of the three months if the client does not reengage in the Occupational Training and Child Care program.(7)
In the JOBS program, the cost of child care may be covered while the care is necessary to enable the client to participate in a case plan (see OAR 461-190-0211 (Case Plan Activities and Standards for Support Service Payments; JOBS, Pre-TANF, REF, REP, SFPSS, TANF)).(8)
In the ERDC, JOBS, JOBS Plus, and TANF programs, the cost of dependent child care may be paid for (is covered) by the Department, only if all the following are true:(a)
The dependent child (see OAR 461-001-0000 (Definitions for Chapter 461)):(A)
In the ERDC program, is a member of the benefit group (see OAR 461-110-0750 (Benefit Group)) and is in the care, control, and custody of an individual in the group.(B)
In the JOBS, JOBS Plus, and TANF programs, lives with the filing group.(b)
The provider of child care is not in the filing group.(c)
The provider of child care is not the parent of a child in the filing group.(9)
Coverage of the cost of dependent care is subject to the requirements in OAR chapter 461, including OAR 461-120-0510 (Age Requirements for Clients to Receive Benefits)(3), 461-135-0400 (Specific Requirements; ERDC), 461-155-0150 (Child Care Eligibility Standard, Payment Rates, and Copayments), 461-160-0193 (Determining Eligibility and Calculating Payment; Direct Provider Payments for TANF Child Care), 461-165-0180 (Eligibility of Child Care Providers), and 461-190-0211 (Case Plan Activities and Standards for Support Service Payments; JOBS, Pre-TANF, REF, REP, SFPSS, TANF).
Source:
Rule 461-160-0040 — Dependent Care Costs; Deduction and Coverage, https://secure.sos.state.or.us/oard/view.action?ruleNumber=461-160-0040.