Or. Admin. Code § 461-001-0015

Current through Register Vol. 63, No. 11, November 1, 2024

Section 461-001-0015 - [Effective until 4/29/2025] Definitions; SNAP

The following definitions apply to the rules of the SNAP program in Chapter 461:

(1)Adult means an individual 18 years of age or older.

(2) A disabled individual or an individual with a disability means an individual who meets any of the following requirements:

(a) Receives SSI benefits under title XVI of the Social Security Act.

(b) Receives blindness or disability benefits under titles I, II, X, XIV, or XVI of the Social Security Act.

(c) Receives OSIP or other state or federal supplement under section 1616(a) of the Social Security Act based on disability or blindness criteria under title XVI of the Social Security Act.

(d) Receives state general assistance benefits based upon disability or blindness criteria under title XVI of the Social Security Act.

(e) Receives interim assistance pending receipt of SSI or receives disability-related medical assistance under title XIX of the Social Security Act.

(f) Receives a state or federally administered supplemental benefit under section 212(a) of Public Law 93-66.

(g) Receives an annuity payment under Section 2(a)(1)(iv) of the Railroad Retirement Act of 1974 and is determined to be eligible for Medicare by the Railroad Retirement Board.

(h) Receives an annuity payment under Section 2(a)(1)(v) of the Railroad Retirement Act of 1974 and meets the disability criteria used under title XVI of the Social Security Act.

(i) Receives VA benefits for non-service or service connected disability rated or paid as total under title 38 of the United States Code.

(j) Receives disability retirement benefits from a governmental agency because of a disability considered permanent under section 221(i) of the Social Security Act.

(k) Has a disability considered permanent under 221(i) of the Social Security Act section and is the surviving spouse or surviving child of a veteran and considered by the VA to be entitled to compensation for a service-connected death or pension benefits for a non-service connected death under title 38 of the United States Code.

(l) Is a veteran or surviving spouse of a veteran considered by the VA to be in need of Aid and Attendance benefits or permanently housebound under title 38 of the United States Code.

(m) Is a surviving child of a veteran and considered permanently incapable of self support under title 38 of the United States Code.

(3)Drug and alcohol treatment and rehabilitation program means a program conducted by a private nonprofit organization or institution, or a publicly operated community mental health center, that --

(a) Qualifies under part B of title XIX of the Public Health Service Act to receive funds, even if it does not actually receive funding under part B of title XIX, or

(b) Is authorized as a retailer by the Food and Nutrition Service (FNS).

(4)Elderly means an individual 60 years of age or older.

(5)Employee means an individual who works for another in return for financial or other compensation such as rent, but does not include an independent contractor.

(6)Employer means a person that employs one or more individuals for wages, salary, or other compensation such as rent.

(7)Externship means a required period of supervised practice completed off campus or away from an individual's school of higher education (see OAR 461-135-0570) in order to complete the requirements for the individual's degree.

(8)Graduate assistantship means an appointment as a graduate student employee offering a financial payment to the graduate student for part-time work in teaching, administration, or research while the graduate student completes the academic requirements for an advanced degree at a school of higher education (see OAR 461-135-0570). A graduate assistantship includes such positions as graduate assistant, graduate research assistant, graduate teaching assistant, and graduate teaching associate.

(9)Graduate fellowship means a school of higher education (see OAR 461-135-0570) awarded program, targeted to a specific student group or field of study, that may be awarded based on academic need, academic record, or merit.

(10)Group living arrangement means a public or private nonprofit residential setting that serves no more than 16 residents and is certified by State of Oregon under regulations issued under section 1616(e) of the Social Security Act (42 U.SC. 1382e(e)). To be eligible for SNAP benefits, a resident of such a group living arrangement must be blind or have a disability.

(11)Head of household means a primary person.

(12) An individual is homeless if the individual does not have a fixed or regular nighttime residence or has a primary residence that is one of the following:

(a) A supervised shelter that provides temporary accommodations.

(b) A halfway house or residence for individuals who may become institutionalized.

(c) A temporary accommodation in another individual's or family's residence for 90 days or less.

(d) A place not designed to be or ordinarily used as a place for individuals to sleep, such as a hallway, bus station, or similar place.

(13)Internship means an official or formal program through a school of higher education (see OAR 461-135-0570) to provide practical experience for an individual beginning an occupation or profession.

(14) A migrant farmworker is an individual who regularly travels away from their permanent residence overnight, usually with a group of laborers, to seek employment in an agriculturally related activity. If any member of a SNAP household fits the definition of migrant farmworker at any time during the redetermination period, the household is budgeted according to the policy on migrant farmworkers.

(15) A primary person means:

(a) An adult in the filing group (see OAR 461-110-0370) who is designated by the group to serve as the primary person. Where there is no adult, the group can designate another responsible person in the filing group.

(b) Once the primary person has been designated, the filing group cannot choose a different individual to be the primary person during the same certification period (see OAR 461-001-0000) or during an OFSET or job quit disqualification period, unless there is a change in the composition of the household group (see OAR 461-110-0210).

(16)Seasonal farmworkers are individuals employed in agricultural employment of a seasonal or temporary nature. If any member of a SNAP household fits the definition of seasonal farmworker at any time during the redetermination period, the household is budgeted according to policy on seasonal farmworkers. Seasonal farmworkers are not required to be absent overnight from their permanent residence when:

(a) Employed on a farm or ranch performing field work related to planting, cultivation, or harvesting operations; or

(b) Employed in a canning, packing, ginning, seed conditioning, or related research or processing operation, and transported to or from the place of employment by means of a day-haul operation.

(17)Unclear information is information that is not verified, or information that is verified but the Department needs additional information to act on the change.

Or. Admin. Code § 461-001-0015

SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 5-2010, f. & cert. ef. 4-1-10; SSP 8-2013, f. & cert. ef. 4-1-13; SSP 22-2013(Temp), f. & cert. ef. 8-23-13 thru 2-19-14; Reverted to SSP 8-2013, f. & cert. ef. 4-1-13; SSP 25-2019, amend filed 12/24/2019, effective 1/1/2020; SSP 57-2024, temporary amend filed 10/29/2024, effective 11/1/2024 through 4/29/2025

Statutory/Other Authority: ORS 411.816

Statutes/Other Implemented: ORS 411.816, 411.825, 7 CFR 273.11 & 7 CFR 273.12