Or. Admin. Code § 461-135-0505

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

Section 461-135-0505 - Categorical Eligibility for SNAP

(1) Individuals and categorical eligibility.

(a) Except as provided under section (c) of this section, an individual is categorically eligible for SNAP benefits:

(A) Under original Categorical Eligibility (CE) regulations:

(i) When they receive or are authorized to receive, and qualify for, Temporary Assistance to Needy Families (TANF) cash assistance,

(ii) When they receive or are authorized to receive General Assistance (GA), or

(iii) When they receive or are authorized to receive Supplemental Security Income (SSI).

(B) Under Expanded Categorical Eligibility (ECE) regulations:

(i) When deemed to be receiving SSI under Section 1619(a) or 1619(b) of the Social Security Act (42 U.S.C. 1382h(a) or (b)); or

(ii) When they receive or are authorized to receive cash, in-kind benefits, or services either under Title IV-A of the Social Security Act or by the state as part of the TANF maintenance of effort:

(I) Employment Related Day Care (ERDC) under the Department of Early Learning and Care (DELC); or

(II) TANF-related programs: Pre-TANF, TA-DVS, TANF-JOBS Plus, Housing Stabilization Program through Housing and Community Services, and Employment Payments.

(b) For the purposes of categorical eligibility, every individual filing group (see OAR 461-110-0370) member:

(A) Of ERDC and TA-DVS programs are considered receiving the benefits of the program.

(B) Eligible for transition services or the TA-DVS program is considered receiving benefits for the entire period of eligibility even if benefits are not received during each month of that period.

(c) The following individuals shall not be categorically eligible for SNAP benefits:

(A) Those disqualified from receiving SNAP benefits because of an established intentional program violation under OAR 461-195-0611.

(B) The primary person (see OAR 461-001-0015) disqualified from receiving SNAP benefits for failure to comply with a SNAP employment and training requirement under OAR 461-130-0315.

(2)Filing group and categorical eligibility.

(a) Except as provided under subsections (b) and (c) of this section, a filing group is categorically eligible for SNAP benefits:

(A) Under CE when all members of the filing group meet the CE provisions under paragraph (1)(a)(A) of this rule;

(B) Under ECE when one of the following is met:

(i) All members meet the ECE provisions under paragraph (1)(a)(B) of this rule, or

(ii) All members meet either CE or ECE provisions under subsection (1)(a) of this rule with at least one member meeting CE provisions and at least one meeting ECE provisions.

(C) Under Broad-Based Categorical Eligibility (BBCE) when at least one member meets neither CE nor ECE provisions, but the filing group meets all of the following:

(i) Has received, or will receive upon approval, the pamphlet about Information and Referral Services. The receipt of the Information and Referral services pamphlet by one member of the filing group is considered received by the entire group.

(ii) The countable income(see OAR 461-140-0010) is less than 200 percent of the federal poverty level (see OAR 461-155-0180). If there are filing group members who are ineligible or disqualified for SNAP (see OAR 461-160-0410), to determine categorical eligibility, countable income without proration is compared to the federal poverty level for the number in the filing group.

(iii) The filing group has liquid assets from lottery or gambling winnings less than the resource limit listed in OAR 461-160-0015(7)(a). For the purposes of this rule, liquid assets are assets that are easily accessible and do not need to be sold to access their value.

(b) A filing group shall not be categorically eligible for SNAP benefits when a member of the filing group is not categorically eligible.

(c) A filing group that loses SNAP benefit eligibility (see OAR 461-001-0000) due to lottery or gambling winnings (see OAR 461-140-0263) is not eligible for SNAP benefits, or to have SNAP eligibility determined using categorical eligibility, until they meet financial eligibility under the following SNAP financial eligibility resource and income requirements (see OAR 461-160-0400):

(A) Resources must be below the resource limit set under OAR 461-160-0015,

(B)Countable income (see OARs 461-001-0000 and 461-140-0010) must be below the countable income limit set at 130 percent of the federal poverty level under OAR 461-155-0180, except for a financial group (see OAR 461-110-0530) that includes an individual who is elderly (see OAR 461-001-0015) or has a disability (see OAR 461-001-0015), and

(C)Adjusted income (see OAR 461-001-0000) must be below the adjusted income limit set at 100 percent of the federal poverty level under OAR 461-155-0180.

(D) This provision applies to all types of categorical eligibility.

(E) After a filing group regains eligibility for SNAP under this subsection, future eligibility may be determined using categorical eligibility.

(3) When a filing group contains both members who are categorically eligible for SNAP benefits and those who are not, a resource owned in whole or in part by a categorically eligible member is excluded.

(4) Presumed eligibility.

(a) If verified in a public assistance or medical assistance program, an individual found categorically eligible for the SNAP program is presumed to meet the following eligibility requirements, unless questionable:

(A) Social security number,

(B) U.S. Citizenship and Immigration Services sponsorship information, and

(C) Oregon residency.

(b) A filing group found categorically eligible for the SNAP program is presumed to meet the following financial eligibility resource and income requirements (see OAR 461-160-0400):

(A) Resource limit,

(B)Countable income limit, and

(C)Adjusted income limit.

Or. Admin. Code § 461-135-0505

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 11-1999, f. & cert. ef. 10-1-99; AFS 29-2000(Temp), f. & cert. ef. 12-1-00 thru 3-31-01; AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01; AFS 9-2001, f. & cert. ef. 6-1-01; SSP 2-2003(Temp); f. & cert. ef. 2-7-03 thru 6-30-03; SSP 16-2003, f. & cert. ef. 7-1-03; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 39-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14; SSP 9-2014, f. & cert. ef. 4-1-14; SSP 25-2017(Temp), f. 9-15-17, cert. ef. 10-1-17 thru 1-31-18; SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018; SSP 20-2019, amend filed 09/19/2019, effective 10/1/2019; SSP 5-2020, amend filed 03/30/2020, effective 04/01/2020; SSP 36-2021, temporary amend filed 07/01/2021, effective 07/01/2021 through 12/27/2021; SSP 42-2021, temporary amend filed 07/14/2021, effective 7/14/2021 through 12/27/2021; SSP 80-2021, temporary amend filed 12/28/2021, effective 12/28/2021 through 6/25/2022; SSP 82-2021, temporary amend filed 12/29/2021, effective 1/1/2022 through 6/25/2022; SSP 2-2022, amend filed 01/25/2022, effective 1/26/2022; SSP 3-2022, temporary amend filed 01/26/2022, effective 1/26/2022through 7/24/2022; SSP 35-2022, amend filed 04/28/2022, effective 5/1/2022; SSP 19-2023, amend filed 06/20/2023, effective 7/1/2023; SSP 53-2023, amend filed 12/21/2023, effective 1/1/2024

Statutory/Other Authority: ORS 411.816

Statutes/Other Implemented: ORS 411.816 & 7 CFR 273.11