Or. Admin. Code § 461-135-0073

Current through Register Vol. 63, No. 12, December 1, 2024

Section 461-135-0073 - TANF Time Limit; Extension Criteria

(1) Effective April 1, 2016, a minor parent (see OAR 461-001-0000) head of household or needy caretaker relative (see OAR 461-001-0000) who has reached the 60-month time limit in OAR 461-135-0071 may receive an extension of benefits if the individual is unable to obtain or maintain employment that provides earnings in excess of income limits established by the Department because the minor parent head of household or needy caretaker relative:

(a) Is at risk of further or future domestic violence (see OAR 461-001-0000);

(b) Has a learning disability;

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

(d) Has a disability (see OAR 461-001-0000);

(e) Has a child (see OAR 461-001-0000) with a disability;

(f) Is deprived of needed medical care; or

(g) Is subjected to battery or extreme cruelty. For purposes of this rule, an individual is subjected to battery or extreme cruelty if the individual has been subjected to one or more of the following:

(A) Physical acts that resulted in, or threatened to result in, physical injury to the individual.

(B) Sexual abuse.

(C) Sexual activity involving a dependent child (see OAR 461-001-0000).

(D) Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities.

(E) Threats of, or attempts at, physical or sexual abuse.

(F) Mental abuse.

(G) Neglect or deprivation of medical care.

(2) When a minor parent head of household or needy caretaker relative receiving TANF reaches 60 months of receipt of TANF benefits, benefits may be temporarily continued past 60 months if the individual is otherwise eligible and:

(a) Is completing a previously approved JOBS Plus agreement; or

(b) Is experiencing a situation that is expected to last less than 12 months and the Department has determined it is not reasonable for the individual to obtain or maintain employment while the situation is continuing.

(3) Extensions granted based on a condition described in subsections (1)(b) to (1)(e) of this rule:

(a) Require documentation from a licensed or certified professional qualified to make such a determination (see OAR 461-125-0830); and

(b) Must be reverified upon expiration of the documentation or every twelve months, whichever date occurs first.

Or. Admin. Code § 461-135-0073

SSP 15-2016, f. & cert. ef. 4/1/2016; SSP 47-2023, amend filed 09/25/2023, effective 10/1/2023; SSP 25-2024, minor correction filed 03/18/2024, effective 3/18/2024

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 412.006, 412.049 & 412.079

Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 412.001, 412.006, 412.049, 412.064, 412.079, 412.084 & 412.072