Or. Admin. Code § 461-115-0450

Current through Register Vol. 63, No. 8, August 1, 2024
Section 461-115-0450 - Periodic Redeterminations; SNAP

In the Supplemental Nutrition Assistance Program (SNAP), the Department selects the certification period (see OAR 461-001-0000) and the redetermination date based on the individual's circumstances and according to the following considerations:

(1) The length of the certification period depends on how far in advance the circumstances affecting the group's eligibility can be predicted but may not exceed 12 months except as outlined in sections (2) and (4) of this rule.
(2) The certification period may be extended beyond 12 months in each of the following situations:
(a) To the end of the Transitional Benefit Alternative (TBA) period if the individual becomes eligible for transitional benefits (see OAR 461-135-0506). If eligibility for TBA ends early, the certification period is changed to end on the last day of the month.
(b) To include the month after the individual finishes working under a Temporary Assistance for Needy Families (TANF) Job Opportunity and Basic Skills (JOBS) Plus Agreement. If the agreement ends early, the certification period is changed to end on the original recertification date or on the last day of the month following the month in which the JOBS Plus agreement ends, whichever is later.
(3) A certification period of less than 12 months may be extended before the certification period ends, not to exceed 12 months, in each of the following situations:
(a) A one- or two-month certification period for expedited services when pending information is received, and eligibility and benefit level is determined based on the new information.
(b) An application or a change report form is received and eligibility is reviewed.
(c) The report system changes from Change Reporting System (CRS) to Simplified Reporting System (SRS).
(4) A certification period of 24 months may be assigned for a filing group (see OAR 461-110-0370) that meets the following criteria:
(a) All adult (see OAR 461-001-0015) members are elderly or have a disability (see OAR 461-001-0015);
(b) The case is placed in SRS; and
(c) The filing group does not receive any earned income.
(5) Any filing group with a 24-month certification period that no longer meets the requirements of subsection (4)(a) will have their certification period closed and the department will send the filing group a timely decision notice (See OAR 461-001-0000). The filing group may reapply for benefits.
(6) For each benefit group (see OAR 461-110-0750) in which all members are included in a cash or medical program, eligibility for SNAP and the other program benefits is determined at the same time when practicable.
(7) An individual remains eligible for and continues to receive SNAP benefits on the normal issuance cycle if the application for recertification is filed with the Department and all required verification has been received by the Department:
(a) Not later than the 15th day of the month in which the certification expires; or
(b) In the case of a benefit group whose certification period is shorter than two months, not later than the 15th day after the Department provides notice that the certification period will expire.
(8) An individual who files an application for recertification is eligible for a SNAP allotment without proration only if the filing date (see OAR 461-115-0040) is before the prior certification period expires and:
(a) The required interview is completed, and the Department receives the required verification, within 30 days after the individual files the application for recertification; or
(b) The interview or verification required by this rule would have occurred timely but for a delay caused by the Department.
(9) The Department must deny the application for recertification in the event an individual files a timely application for recertification but either fails to appear for a scheduled interview or fails to timely submit required verification.
(10) If an individual fails to file an application for recertification during a certification period, but files an application within 30 days after the end of their certification period, the application is considered an application for recertification and the following provisions apply:
(a) SNAP benefits for the first month of the new certification period are prorated in accordance with OAR 461-180-0080.
(b) When an application for recertification is delayed beyond the first of the month of what would have been the new certification period due to the fault of the Department, causing prorated benefits, benefits lost to proration shall be restored in accordance with benefit restoration OARs division 461-165.
(11) Except as required in section (5) of this rule, once assigned, the certification period may not be shortened.

Or. Admin. Code § 461-115-0450

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 19-1994, f. & cert. ef. 9-1-94; AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; AFS 9-2001, f. & cert. ef. 6-1-01; SSP 13-2003, f. 6-12-03, cert. ef. 6-16-03; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11; SSP 7-2019, amend filed 03/11/2019, effective 4/1/2019; SSP 53-2023, amend filed 12/21/2023, effective 1/1/2024; SSP 44-2024, amend filed 06/27/2024, effective 7/1/2024

Statutory/Other Authority: ORS 409.050 & 411.816

Statutes/Other Implemented: ORS 409.010, 411.816, 411.825 & 7 CFR 273.14(e)(3)