461-135-0070    Effective 04/01/20
Specific Requirements; TANF

  1. To be eligible for TANF program benefits:

    1. An individual must be one of the following:

      1. A dependent child (see OAR 461-001-0000). However, a dependent child for whom foster care payments are made is not eligible while the payments are being made for the dependent child.

      2. A caretaker relative (see OAR 461-001-0000) of an eligible dependent child when the caretaker relative:

        1. Is receiving TANF program benefits for the dependent child, or
        2. Is applying for TANF program benefits for the dependent child.
      3. A caretaker relative of a dependent child, when the dependent child is ineligible for TANF program benefits because of one of the following reasons:

        1. The child is receiving SSI.

        2. The child is in foster care, but is expected to return home within 30 days.

      4. A parent (see OAR 461-001-0000) of an unborn, as follows:

        1. For the TANF program, any parent whose only child is an unborn child once the mother's pregnancy has reached the calendar month before the month in which the due date falls.

        2. For the TANF program, the parent of an unborn child, if there is another dependent child in the filing group.

    2. Unless the individual is exempt from JOBS participation and JOBS disqualification under OAR 461-130-0310, an individual must demonstrate two-consecutive weeks of cooperation in appropriate activities (see OAR 461-001-0025) if:

      1. TANF program benefits had closed within the prior three consecutive calendar months from the filing date (see OAR 461-115-0040) for TANF with an active level 1 through level 4 TANF program disqualification (see OAR 461-130-0330 and 461-135-0085); or

      2. The filing date for TANF program benefits is within the prior three consecutive calendar months after the end of a two consecutive month period of TANF ineligibility according to OAR 461-130-0330(5)(e).

  2. As used in this rule:

    1. Except as provided otherwise in this section, "good cause" means a reasonable person of normal sensitivity, exercising ordinary common sense under similar circumstances, would have --

      1. Quit work, including in anticipation of discharge;

      2. Participated in behavior leading to the individual's discharge; or

      3. Voluntarily reduced work hours.

    2. For an individual with a physical or mental impairment (as defined at 29 CFR 1630.2(h)), except as provided otherwise in subsection (c) of this section, "good cause" for leaving work means that a reasonable person with the characteristics and qualities of such individual under similar circumstances would have --

      1. Quit work, including in anticipation of discharge;

      2. Participated in behavior leading to the individual's discharge; or

      3. Voluntarily reduced work hours.

    3. There is no "good cause" if the reason for separation from employment is a labor dispute.

  3. Except as provided under section (4) of this rule, a need group (see OAR 461-110-0630) is not eligible for TANF program benefits for 120 days from the date a parent or caretaker relative was separated from or voluntarily reduced work hours at his or her last employment in which a parent or caretaker relative in the need group was hired to work 100 or more hours per month or worked or was scheduled to work 100 or more hours in the last full calendar month of employment. This applies at initial certification, recertification, and is a condition of ongoing eligibility (see OAR 461-001-0000).

  4. A need group (see OAR 461-110-0630) may not be reduced or denied TANF program benefits based on section (3) of this rule if the parent or caretaker relative is one of the following:

    1. A teen parent (see OAR 461-001-0000) returning to high school or equivalent.

    2. An individual fleeing from or at risk of domestic violence (see OAR 461-001-0000).

    3. An individual who is pregnant and the pregnancy has reached the first of the calendar month prior to the month in which the due date falls.

    4. An individual who is pregnant and experiencing medical complications due to the pregnancy that prohibit participation in activities of the program and are documented by a qualified and appropriate professional.

    5. An individual unable to work due to a disability or medical condition documented by a qualified and appropriate professional, and which is expected to last for 30 days or more from the filing date for TANF program benefits.

    6. An individual who was separated from employment for a reason the Department determines is good cause as defined in section (2) of this rule.

    7. An individual who was separated from employment as a result of a layoff.

  5. A family is ineligible for TANF program benefits if the family meets the requirements of all of the following subsections:

    1. The family lives in Klamath County.

    2. The family meets any of the following conditions:

      1. The family has a single custodial parent who is a member of the Klamath Tribes, or the single custodial parent is not a Klamath Tribes member and at least 50 percent of the dependent children are Klamath Tribes members;

      2. The family has two custodial parents (see OAR 461-001-0000) who are members of the Klamath Tribes, or only one of the two custodial parents is a Klamath Tribes member and at least 50 percent of the dependent children are Klamath Tribes members; or

      3. The family has a caretaker relative who is not the custodial parent and at least 50 percent of the dependent children are Klamath Tribes members.

    3. The family is eligible for the Klamath Tribes TANF program or would be eligible for the Klamath Tribes TANF program if not for the failure of the family to cooperate with program requirements.

  6. A family is ineligible for TANF program benefits if all of the following subsections apply to the family:

    1. A parent, caretaker relative, or child is a member of the Siletz Tribe (Confederated Tribes of Siletz Indians of Oregon) and lives in one of the eleven service area counties: Benton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington, or Yamhill counties.

    2. The family includes members who are living in the same household and at least one of the following paragraphs applies:

      1. A two-parent family with one enrolled Siletz tribal member with a shared dependent.

      2. A single-parent family with one enrolled Siletz tribal member.

      3. A non-needy caretaker relative or essential person with one enrolled Siletz tribal member who is a minor.

      4. A pregnant enrolled Siletz tribal member in her eighth month of pregnancy.

    3. The family is eligible for the Siletz Tribes TANF program or would be eligible for the Siletz Tribes TANF program if not for the failure of the family to cooperate with Siletz TANF program requirements.

  7. If a parent or caretaker relative covered by section (5) or (6) of this rule fails to follow through with a Department referral to the Klamath or Siletz Tribal TANF program, the entire filing group is ineligible for TANF program benefits.

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.124
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.064, 412.124

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