461-115-0050 Temporary Effective 10/01/13 through 01/28/14
When An Application Must Be Filed
- A client must file an application, or may amend a completed application, as a prerequisite to receiving benefits as follows:
- A client may apply for the TA-DVS program as provided in OAR 461-135-1220.
- In all programs except the TA-DVS program:
- Except as provided otherwise in this rule, a client wishing to apply for program benefits must submit a complete application on a form approved by the Department.
- An application is complete if all of the following requirements are met:
- All information necessary to determine the individual's eligibility and benefit amount is provided on the application for each individual in the filing group.
- The applicant, even if homeless, provides a mailing address.
- The application is signed. An individual required but unable to sign the application may sign with a mark, witnessed by another individual.
- The application is received by the Department, except an electronic application (see OAR 461-001-0000) meets the requirements of this paragraph only when submitted to and received by the Department with an electronic signature.
- A new application is not required in the following situations:
- In the SNAP program, when a single application can be used both to determine a client is ineligible in the month of application and to determine the client is eligible the next month. This can be done when--
- Anticipated changes make the filing group (see OAR 461-110-0370) eligible the second month; or
- The filing group provides verification between 30 and 60 days following the filing date (see OAR 461-115-0040), under OAR 461-180-0080.
- In all programs except the SNAP program, when a single application can be used both to determine a client is ineligible on the date of request (see OAR 461-115-0030) and to determine the client is eligible when anticipated changes make the filing group eligible within 45 days from the date of request.
- IWhen the case is closed and reopened during the same calendar month.
- When benefits were suspended for one month because of the level of income, and the case is reopened the month following the month of suspension.
- When reinstating medical benefits for a pregnant woman covered by OAR 461-135-0950, notwithstanding subsection (g) of this section.
- In the GAM, OSIPM, and QMB programs, when a client's medical benefits are suspended because the client lives in a public institution (see OAR 461-135-0950), if the inmate is released within 12 months of admission and the inmate provides notification to the Department within 10 days of the release.
- When a client establishes a new date of request (see OAR 461-115-0030) prior to the end of the month following the month of case closure, unless the Department determines a new application is required, a new application is not required in the following situations:
- In the OSIPM program, when the client's case closed due to failure to make a liability payment required under OAR 461-160-0610.
- In the OSIPM-EPD program, when the client's case closed due to failure to make a participant fee payment required under OAR 461-160-0800.
- A new application is required to add a newborn child to a benefit group (see OAR 461-110-0750) according to the following requirements:
- For the REF and TANF programs:
- A new application is not required if the child is listed on the application as "unborn" and there is sufficient information about the child to establish its eligibility.
- A new application is required if the child is not included on the application as "unborn."
- In the REFM program, no additional application is required to add a newborn to a benefit group receiving benefits from one of the listed programs if eligibility can be determined without submission of a new application.
- In the GAM, OSIPM, QMB, and REFM programs, no additional application is required to add an assumed eligible newborn to a benefit group currently receiving Department medical program benefits.
- In the ERDC and SNAP programs, an application is not required to add the child to the benefit group.
- In all programs other than ERDC, GAM, QMB, REF, REFM, SNAP, and TANF, an application is required.
- A new application is required to add an individual, other than a newborn child, to a benefit group according to the following requirements:
- In the ERDC and SNAP programs, a new application is not required.
- In the REF, REFM, and TANF programs, an individual may be added by amending a current application if the information is sufficient to determine eligibility; otherwise a new application is required.
- In all programs other than the ERDC, REF, REFM, SNAP, and TANF programs, a new application is required.
- A client whose TANF grant is closing may request ERDC orally or in writing.
- Except for an applicant for the SNAP program, a client may change between programs administered by the Department using the current application if the following conditions are met:
- The client makes an oral or written request for the change.
- The Department has sufficient evidence to determine eligibility and benefit level for the new program without a new application.
- The program change can be effected while the client is eligible for the first program.
- In the OSIP, OSIPM, and QMB programs, a new application is not required to redetermine eligibility if the following conditions are met:
- The client currently is receiving benefits from one of these programs; and
- The Department has sufficient evidence to redetermine eligibility for the same program or determine eligibility for the new program without a new application or by amending the current application.
Stat. Auth: ORS 409.050, 411.060, 411.070, 411.404, 411.704, 411.706, 411.816, 412.049, 414.025, 414.231, 414.826, 414.839
Stats. Implemented: ORS 409.050, 411.060, 411.070, 411.117, 411.404, 411.704, 411.706, 411.816, 412.049, 414.025, 414.231, 414.826, 414.839