ORS 412.079
Time limits

  • exceptions
  • rules

(1)

Except as provided in subsections (2) and (3) of this section, a needy caretaker relative may not receive aid under ORS 412.006 (Administration of temporary assistance for needy families program) if the needy caretaker relative has received aid under the temporary assistance for needy families program in this state or any other state for more than a total of 60 months.

(2)

The Department of Human Services may not count toward the 60-month limit on receipt of aid described in subsection (1) of this section any month in which a needy caretaker relative:

(a)

Receives a grant of temporary assistance for needy families under ORS 412.001 (Definitions) to 412.069 (Appeal from denial of or failure to act on application or from modification or cancellation of aid), or assistance funded under Title IV-A of the Social Security Act in this or another state, prior to July 1, 2003;

(b)

Resides in an area described in 18 U.S.C. 1151, and 50 percent or more of the adult residents in the area are unemployed;

(c)

Is, in that month, a minor child and neither the head of the household nor married to the head of the household; or

(d)

Receives aid under ORS 411.878 (Intent), 412.014 (State Family Pre-SSI/SSDI program) or 412.124 (Post-TANF aid to employed families).

(3)

Notwithstanding subsection (1) of this section, a needy caretaker relative may receive aid for more than 60 months if the needy caretaker relative:

(a)

Is enrolled at an educational institution under ORS 412.016 (Enrollment in educational institution as allowable work activity);

(b)

Is exempt from time limits pursuant to rules adopted by the department in accordance with section 408(a)(7)(C) of the Social Security Act; or

(c)

Is unable to obtain or maintain employment that provides earnings in excess of income limits established by the department under ORS 412.007 (Determination of amount of aid) because the needy caretaker relative:

(A)

Is a victim of domestic violence as defined in ORS 411.117 (Requirements when victims of domestic violence apply for or receive TANF);

(B)

Has a certified learning disability;

(C)

Has a mental health condition or an alcohol or drug abuse problem;

(D)

Has a disability as defined by the department by rule in a manner consistent with the definition of disability in the Americans with Disabilities Act;

(E)

Has a child with a disability;

(F)

Is deprived of needed medical care;

(G)

Is subjected to battery or extreme cruelty as defined by the department by rule; or

(H)

Qualifies as having a hardship as defined by the department by rule.

(4)

Intentionally left blank —Ed.

(a)

The Department of Human Services shall monitor the average period of time a family receives aid and shall record such information by family demographics. The department shall monitor the wages and benefits received by an individual who becomes employed while receiving aid, including child care benefits. The department shall monitor and record the rate at which families who cease receiving aid for employment subsequently apply for and receive aid.

(b)

The department shall report the results of the monitoring required under paragraph (a) of this subsection to the Legislative Assembly not later than the 15th day of each odd-numbered year regular session. [Formerly 418.131; 2009 c.11 §56; 2011 c.9 §54; 2011 c.545 §47; 2012 c.107 §80; 2015 c.765 §19]

Source: Section 412.079 — Time limits; exceptions; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors412.­html.

412.001
Definitions
412.002
Legislative findings
412.006
Administration of temporary assistance for needy families program
412.007
Determination of amount of aid
412.009
Engagement in JOBS
412.011
Support service payments to prevent loss of employment
412.014
State Family Pre-SSI/SSDI program
412.016
Enrollment in educational institution as allowable work activity
412.024
Assignment of support rights
412.026
Payment of aid to individual other than relative
412.028
Petition for and appointment of guardian or conservator
412.029
Expenditures limited to needs of beneficiary
412.034
Denial of aid when unemployed parent refuses employment
412.039
Cooperation of department with Director of Employment Department and all available workforce services to find employment for parent
412.044
Cooperation with other agencies to provide vocational training
412.049
Powers and duties of department
412.054
Application for aid
412.059
Investigation of eligibility of child
412.064
Authority to determine eligibility
412.069
Appeal from denial of or failure to act on application or from modification or cancellation of aid
412.074
Use and custody of records of temporary assistance for needy families program
412.079
Time limits
412.084
Minor parents’ eligibility to receive assistance and support services
412.089
Referral to mental health or drug abuse professional
412.094
Public officials to cooperate in locating and furnishing information concerning parents of children receiving or applying to receive public assistance and in prosecuting nonsupport cases
412.109
Policy on absent parent
412.124
Post-TANF aid to employed families
412.139
Duties of department relating to federal law
412.144
Duties of department relating to other agencies
412.151
Statewide electronic benefits transfer system
412.155
Additional monthly payments of elderly rental assistance
412.161
Policy on two-parent families
412.991
Criminal penalties
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