Previous Rules


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


461-135-0070    Effective 07/01/18
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.

      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 Parents as Scholars (PAS) participant who temporarily becomes ineligible for TANF program benefits for four months or less due to income from a paid work experience (see OAR 461-190-0199).

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

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

    4. 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.

    5. 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.

    6. 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.

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

    8. 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.

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.124
Stats. Implemented: ORS 409.010, 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.064, 412.124


461-135-0070    Effective 10/01/17
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 for more than 30 days 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.

      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 Parents as Scholars (PAS) participant who temporarily becomes ineligible for TANF program benefits for four months or less due to income from a paid work experience (see OAR 461-190-0199).

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

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

    4. 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.

    5. 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.

    6. 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.

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

    8. 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.

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.124
Stats. Implemented: ORS 409.010, 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.064, 412.124


461-135-0070    Effective 07/01/16 - Technical Amendment
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 for more than 30 days 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. However, a caretaker relative to whom foster care payments are made for more than 30 days is not eligible while the payments are being made to the caretaker relative.

      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. An essential person. An essential person is a member of the household group (see OAR 461-110-0210) who ---

        1. Is not required to be in the filing group (see OAR 461-110-0310 and 461-110-0330);

        2. Provides a service necessary to the health or protection of a member of the benefit group (see OAR 461-110-0750) who has a mental or physical disability; and

        3. Is less expensive to include in the benefit group than the cost of purchasing this service from another source.

      5. 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 date of request (see OAR 461-115-0030) 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 date of request 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 caretaker relative was separated from or voluntarily reduced work hours at his or her last employment in which the 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 caretaker relative is one of the following:

    1. A Parents as Scholars (PAS) participant who temporarily becomes ineligible for TANF program benefits for four months or less due to income from a paid work experience (see OAR 461-190-0199).

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

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

    4. An individual who is pregnant and in the last month of the pregnancy.

    5. 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.

    6. 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 date of request for TANF program benefits.

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

    8. 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.

Stat. Auth.: ORS 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.124
Stats. Implemented: ORS 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.064, 412.124


461-135-0070    Effective 04/01/16
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 for more than 30 days 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. However, a caretaker relative to whom foster care payments are made for more than 30 days is not eligible while the payments are being made to the caretaker relative.

      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. An essential person. An essential person is a member of the household group (see OAR 461-110-0210) who ---

        1. Is not required to be in the filing group (see OAR 461-110-0310 and 461-110-0330);

        2. Provides a service necessary to the health or protection of a member of the benefit group (see OAR 461-110-0750) who has a mental or physical disability; and

        3. Is less expensive to include in the benefit group than the cost of purchasing this service from another source.

      5. 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(2), 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 date of request (see OAR 461-115-0030) 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 date of request 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(3)(d).

  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 caretaker relative was separated from or voluntarily reduced work hours at his or her last employment in which the 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 caretaker relative is one of the following:

    1. A Parents as Scholars (PAS) participant who temporarily becomes ineligible for TANF program benefits for four months or less due to income from a paid work experience (see OAR 461-190-0199).

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

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

    4. An individual who is pregnant and in the last month of the pregnancy.

    5. 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.

    6. 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 date of request for TANF program benefits.

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

    8. 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.

Stat. Auth.: ORS 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.124
Stats. Implemented: ORS 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.064, 412.124


461-135-0070    Effective 07/21/14 - Technical Amendment
Specific Requirements; TANF

  1. To be eligible for TANF program benefits, a client 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 for more than 30 days 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. However, a caretaker relative to whom foster care payments are made for more than 30 days is not eligible while the payments are being made to the caretaker relative.

    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. An essential person. An essential person is a member of the household group (see OAR 461-110-0210) who ---

      1. Is not required to be in the filing group;

      2. Provides a service necessary to the health or protection of a member of the benefit group (see OAR 461-110-0750) who has a mental or physical disability; and

      3. Is less expensive to include in the benefit group than the cost of purchasing this service from another source.

    5. 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 (see OAR 461-110-0330).

  2. As used in this rule and OAR 461-125-0170:

    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. Left work; or

      2. Participated in behavior leading to the individual's discharge or to the individual quitting work in anticipation of discharge.

    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. Left work;

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

      3. Quit work in anticipation of a discharge.

    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 caretaker relative was separated from his or her last employment in which the 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.

  4. A need group (see OAR 461-110-0630) may not be denied TANF program benefits based on section (3) of this rule, or based on not meeting OAR 461-125-0170(1), if the caretaker relative is one of the following:

    1. A Parents as Scholars (PAS) participant who temporarily becomes ineligible for TANF program benefits for four months or less due to income from a paid work experience (see OAR 461-190-0199).

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

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

    4. An individual in the ninth month of pregnancy or experiencing a medical complication due to the pregnancy which is 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 date of request (see OAR 461-115-0030) for TANF program benefits.

    6. An individual who was separated from employment for a reason the Department determines is good cause.

    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.

Stat. Auth.: ORS 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.124
Stats. Implemented: ORS 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.064, 412.124, 2011 Or. Laws 604, 2012 Or. Laws 107


461-135-0070    Effective 01/01/14
Specific Requirements; TANF

  1. To be eligible for TANF program benefits, a client 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 for more than 30 days 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. However, a caretaker relative to whom foster care payments are made for more than 30 days is not eligible while the payments are being made to the caretaker relative.

    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. An essential person. An essential person is a member of the household group (see OAR 461-110-0210) who ---

      1. Is not required to be in the filing group;

      2. Provides a service necessary to the health or protection of a member of the benefit group (see OAR 461-110-0750) who has a mental or physical disability; and

      3. Is less expensive to include in the benefit group than the cost of purchasing this service from another source.

    5. 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 (see OAR 461-110-0330).

  2. As used in this rule and OAR 461-125-0170:

    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. Left work; or

      2. Participated in behavior leading to the individual's discharge or to the individual quitting work in anticipation of discharge.

    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. Left work;

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

      3. Quit work in anticipation of a discharge.

    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 caretaker relative was separated from his or her last employment in which the 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.

  4. A need group (see OAR 461-110-0630) may not be denied TANF program benefits based on section (3) of this rule, or based on not meeting OAR 461-125-0170(1)(c) or (d), if the caretaker relative is one of the following:

    1. A Parents as Scholars (PAS) participant who temporarily becomes ineligible for TANF program benefits for four months or less due to income from a paid work experience (see OAR 461-190-0199).

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

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

    4. An individual in the ninth month of pregnancy or experiencing a medical complication due to the pregnancy which is 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 date of request (see OAR 461-115-0030) for TANF program benefits.

    6. An individual who was separated from employment for a reason the Department determines is good cause.

    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.

Stat. Auth.: ORS 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.124
Stats. Implemented: ORS 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.064, 412.124, 2011 Or. Laws 604, 2012 Or. Laws 107


461-135-0070    Temporary Effective 10/01/13 through 12/31/13
Specific Requirements; TANF

  1. To be eligible for TANF program benefits, a client 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 for more than 30 days 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. However, a caretaker relative to whom foster care payments are made for more than 30 days is not eligible while the payments are being made to the caretaker relative.

    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. An essential person. An essential person is a member of the household group (see OAR 461-110-0210) who ---

      1. Is not required to be in the filing group;

      2. Provides a service necessary to the health or protection of a member of the benefit group (see OAR 461-110-0750) who has a mental or physical disability; and

      3. Is less expensive to include in the benefit group than the cost of purchasing this service from another source.

    5. 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 (see OAR 461-110-0330).

  2. As used in this rule and OAR 461-125-0170:

    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. Left work; or

      2. Participated in behavior leading to the individual's discharge or to the individual quitting work in anticipation of discharge.

    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. Left work;

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

      3. Quit work in anticipation of a discharge.

    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 caretaker relative was separated from his or her last employment in which the 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.

  4. A need group (see OAR 461-110-0630) may not be denied TANF program benefits based on section (3) of this rule, or based on not meeting OAR 461-125-0170(1)(c) or (d), if the caretaker relative is one of the following:

    1. A Parents as Scholars (PAS) participant who temporarily becomes ineligible for TANF program benefits for four months or less due to income from a paid work experience (see OAR 461-190-0199).

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

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

    4. An individual in the ninth month of pregnancy or experiencing a medical complication due to the pregnancy which is 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 date of request (see OAR 461-115-0030) for TANF program benefits.

    6. An individual who was separated from employment for a reason the Department determines is good cause.

    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 (8) or (9) 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.

Stat. Auth.: ORS 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.124
Stats. Implemented: ORS 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.064, 412.124, 2011 Or. Laws 604, 2012 Or. Laws 107


461-135-0070    Effective 07/01/13
Specific Requirements; MAA, MAF, and TANF

  1. To be eligible for MAA, MAF, or TANF program benefits, a client 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 for more than 30 days 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. However, a caretaker relative to whom foster care payments are made for more than 30 days is not eligible while the payments are being made to the caretaker relative.

    3. A caretaker relative of a dependent child, when the dependent child is ineligible for MAA, MAF, or 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.

      3. The child is ineligible for MAA or MAF program benefits because citizenship has not been documented (see OAR 461-115-0705).

    4. An essential person. An essential person is a member of the household group (see OAR 461-110-0210) who ---

      1. Is not required to be in the filing group;

      2. Provides a service necessary to the health or protection of a member of the benefit group (see OAR 461-110-0750) who has a mental or physical disability; and

      3. Is less expensive to include in the benefit group than the cost of purchasing this service from another source.

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

      1. For the TANF and MAA programs, 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 MAA program, the father of an unborn child, if there is another dependent child in the filing group.

      3. For the TANF program, the parent of an unborn child, if there is another dependent child in the filing group (see OAR 461-110-0330).

      4. For the MAF program, a mother whose only child is an unborn once the mother's pregnancy has reached the calendar month immediately before the month in which the due date falls.

  2. A client is eligible for MAA or MAF program benefits if the client is:

    1. Eligible for MAA or MAF program benefits under OAR 461-135-0010; or

    2. A minor parent (see OAR 461-001-0000) ineligible for TANF program benefits only because:

      1. The minor refuses to live with a parent or legal guardian as required by OAR 461-135-0080; or

      2. The income of the minor exceeds the income standards because the Department required the minor to return to live with a parent, if the minor parent meets the conditions in OAR 461-135-0080(2).

  3. As used in this rule and OAR 461-125-0170:

    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. Left work; or

      2. Participated in behavior leading to the individual's discharge or to the individual quitting work in anticipation of discharge.

    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. Left work;

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

      3. Quit work in anticipation of a discharge.

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

  4. Except as provided under section (5) 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 caretaker relative was separated from his or her last employment in which the 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.

  5. A need group (see OAR 461-110-0630) may not be denied TANF program benefits based on section (4) of this rule, or based on not meeting OAR 461-125-0170(1)(c) or (d), if the caretaker relative is one of the following:

    1. A Parents as Scholars (PAS) participant who temporarily becomes ineligible for TANF program benefits for four months or less due to income from a paid work experience (see OAR 461-190-0199).

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

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

    4. An individual in the ninth month of pregnancy or experiencing a medical complication due to the pregnancy which is 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 date of request (see OAR 461-115-0030) for TANF program benefits.

    6. An individual who was separated from employment for a reason the Department determines is good cause.

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

  6. If the need group is not eligible for TANF program benefits solely under section (4) of this rule, the need group is eligible for MAA or MAF program benefits as long as the need group meets all other eligibility (see OAR 461-001-0000) requirements.

  7. A client is eligible for MAF program benefits even while ineligible for TANF program benefits if the client is ineligible for TANF program benefits only because the client is:

    1. A family who would be eligible for the TANF program benefits if allowed the following deductions from income:

      1. The earned income deductions authorized by OAR 461-160-0190.

      2. The unearned income support deduction authorized by OAR 461-160-0200.

    2. A self-employed family who would be eligible for TANF program benefits if the cost of producing the self-employment income was subtracted from the gross sales or receipts under OAR 461-145-0920.

    3. A family that includes an ineligible non-citizen or the father of an unborn who would be eligible for TANF program benefits if the ineligible non-citizen's or father's income is counted under OAR 461-160-0120.

    4. An individual who would be eligible for TANF program benefits if the assets of the following household members were not counted:

      1. An unmarried parent of a dependent child or unborn in the eligibility group.

      2. A child in common of parents in the eligibility group.

      3. The spouse and each child of a caretaker relative in the need group.

    5. The spouse of a caretaker relative, but only if the spouse is the parent of a dependent child.

  8. 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.

  9. 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.

  10. If a parent or caretaker relative covered by section (8) or (9) 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.

Stat. Auth.: ORS 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.124
Stats. Implemented: ORS 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.064, 412.124, 2011 Or. Laws 604, 2012 Or. Laws 107


461-135-0070    Effective 10/01/12
Specific Requirements; MAA, MAF, and TANF

  1. To be eligible for MAA, MAF, or TANF program benefits, a client 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 for more than 30 days 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. However, a caretaker relative to whom foster care payments are made for more than 30 days is not eligible while the payments are being made to the caretaker relative.

    3. A caretaker relative of a dependent child, when the dependent child is ineligible for MAA, MAF, or 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.

      3. The child is ineligible for MAA or MAF program benefits because citizenship has not been documented (see OAR 461-115-0705).

    4. An essential person. An essential person is a member of the household group (see OAR 461-110-0210) who ---

      1. Is not required to be in the filing group;

      2. Provides a service necessary to the health or protection of a member of the benefit group (see OAR 461-110-0750) who has a mental or physical disability; and

      3. Is less expensive to include in the benefit group than the cost of purchasing this service from another source.

    5. A parent of an unborn, as follows:

      1. For the TANF and MAA programs, 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 and MAA programs, the father of an unborn child, if there is another dependent child in the filing group.

      3. For the MAF program, a mother whose only child is an unborn once the mother's pregnancy has reached the calendar month immediately before the month in which the due date falls.

  2. A client is eligible for MAA or MAF program benefits if the client is:

    1. Eligible for MAA or MAF program benefits under OAR 461-135-0010; or

    2. A minor parent (see OAR 461-001-0000) ineligible for TANF program benefits only because:

      1. The minor refuses to live with a parent or legal guardian as required by OAR 461-135-0080; or

      2. The income of the minor exceeds the income standards because the Department required the minor to return to live with a parent, if the minor parent meets the conditions in OAR 461-135-0080(2).

  3. As used in this rule and OAR 461-125-0170:

    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. Left work; or

      2. Participated in behavior leading to the individual's discharge or to the individual quitting work in anticipation of discharge.

    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. Left work;

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

      3. Quit work in anticipation of a discharge.

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

  4. Except as provided under section (5) 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 caretaker relative was separated from his or her last employment in which the 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.

  5. A need group (see OAR 461-110-0630) may not be denied TANF program benefits based on section (4) of this rule, or based on not meeting OAR 461-125-0170(1)(c) or (d), if the caretaker relative is one of the following:

    1. A Parents as Scholars (PAS) participant who temporarily becomes ineligible for TANF program benefits for four months or less due to income from a paid work experience (see OAR 461-190-0199).

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

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

    4. An individual in the ninth month of pregnancy or experiencing a medical complication due to the pregnancy which is 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 date of request (see OAR 461-115-0030) for TANF program benefits.

    6. An individual who was separated from employment for a reason the Department determines is good cause.

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

  6. If the need group is not eligible for TANF program benefits solely under section (4) of this rule, the need group is eligible for MAA or MAF program benefits as long as the need group meets all other eligibility (see OAR 461-001-0000) requirements.

  7. A client is eligible for MAF program benefits even while ineligible for TANF program benefits if the client is ineligible for TANF program benefits only because the client is:

    1. A family who would be eligible for the TANF program benefits if allowed the following deductions from income:

      1. The earned income deductions authorized by OAR 461-160-0190.

      2. The unearned income support deduction authorized by OAR 461-160-0200.

    2. A self-employed family who would be eligible for TANF program benefits if the cost of producing the self-employment income was subtracted from the gross sales or receipts under OAR 461-145-0920.

    3. A family that includes an ineligible non-citizen or the father of an unborn who would be eligible for TANF program benefits if the ineligible non-citizen's or father's income is counted under OAR 461-160-0120.

    4. An individual who would be eligible for TANF program benefits if the assets of the following household members were not counted:

      1. An unmarried parent of a dependent child or unborn in the eligibility group.

      2. A child in common of parents in the eligibility group.

      3. The spouse and each child of a caretaker relative in the need group.

    5. The spouse of a caretaker relative, but only if the spouse is the parent of a dependent child.

  8. 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.

  9. 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.

  10. If a parent or caretaker relative covered by section (8) or (9) 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.

Stat. Auth.: ORS 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.124
Stats. Implemented: ORS 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.064, 412.124, 2011 Or. Laws 604, 2012 Or. Laws 107


461-135-0070    Temporary Effective 05/01/12 through 09/30/12
Specific Requirements; MAA, MAF, and TANF

  1. To be eligible for MAA, MAF, or TANF program benefits, a client 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 for more than 30 days 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. However, a caretaker relative to whom foster care payments are made for more than 30 days is not eligible while the payments are being made to the caretaker relative.

    3. A caretaker relative of a dependent child, when the dependent child is ineligible for MAA, MAF, or 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.

      3. The child is ineligible for MAA or MAF program benefits because citizenship has not been documented (see OAR 461-115-0705).

    4. An essential person. An essential person is a member of the household group (see OAR 461-110-0210) who ---

      1. Is not required to be in the filing group;

      2. Provides a service necessary to the health or protection of a member of the benefit group (see OAR 461-110-0750) who has a mental or physical disability; and

      3. Is less expensive to include in the benefit group than the cost of purchasing this service from another source.

    5. A parent of an unborn, as follows:

      1. For the TANF and MAA programs, 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 and MAA programs, the father of an unborn child, if there is another dependent child in the filing group.

      3. For the MAF program, a mother whose only child is an unborn once the mother's pregnancy has reached the calendar month immediately before the month in which the due date falls.

  2. A client is eligible for MAA or MAF program benefits if the client is:

    1. Eligible for MAA or MAF program benefits under OAR 461-135-0010; or

    2. A minor parent (see OAR 461-001-0000) ineligible for TANF program benefits only because:

      1. The minor refuses to live with a parent or legal guardian as required by OAR 461-135-0080; or

      2. The income of the minor exceeds the income standards because the Department required the minor to return to live with a parent, if the minor parent meets the conditions in OAR 461-135-0080(2).

  3. As used in this rule and OAR 461-125-0170:

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

      1. Left work;

      2. Participated in behavior leading to the individual's discharge or to the individual quitting work in anticipation of discharge.

    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 would have --

      1. Left work;

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

      3. Quit work in anticipation of a discharge.

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

  4. Except as provided under section (5) 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 caretaker relative was separated from employment in which the caretaker relative 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.

  5. A need group (see OAR 461-110-0630) may not be denied TANF program benefits based on section (4) of this rule, or based on not meeting OAR 461-125-0170(1)(c) or (d), if the caretaker relative is one of the following:

    1. A Parents as Scholars (PAS) participant who temporarily becomes ineligible for TANF program benefits for four months or less due to income from a paid work experience (see OAR 461-190-0199).

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

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

    4. An individual in the ninth month of pregnancy or experiencing a medical complication due to the pregnancy which is 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 date of request (see OAR 461-115-0030) for TANF program benefits.

    6. An individual who was separated from employment for a reason the Department determines is good cause.

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

  6. If the need group is not eligible for TANF program benefits solely under section (4) of this rule, the need group is eligible for MAA or MAF program benefits as long as the need group meets all other eligibility (see OAR 461-001-0000) requirements.

  7. A client is eligible for MAF program benefits even while ineligible for TANF program benefits if the client is ineligible for TANF program benefits only because the client is:

    1. A family who would be eligible for the TANF program benefits if allowed the following deductions from income:

      1. The earned income deductions authorized by OAR 461-160-0190.

      2. The unearned income support deduction authorized by OAR 461-160-0200.

    2. A self-employed family who would be eligible for TANF program benefits if the cost of producing the self-employment income was subtracted from the gross sales or receipts under OAR 461-145-0920.

    3. A family that includes an ineligible non-citizen or the father of an unborn who would be eligible for TANF program benefits if the ineligible non-citizen's or father's income is counted under OAR 461-160-0120.

    4. An individual who would be eligible for TANF program benefits if the assets of the following household members were not counted:

      1. An unmarried parent of a dependent child or unborn in the eligibility group.

      2. A child in common of parents in the eligibility group.

      3. The spouse and each child of a caretaker relative in the need group.

    5. The spouse of a caretaker relative, but only if the spouse is the parent of a dependent child.

  8. 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.

  9. 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.

  10. If a parent or caretaker relative covered by section (8) or (9) 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.

Stat. Auth.: ORS 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.124
Stats. Implemented: ORS 411.060, 411.070, 411.400, 411.404, 412.006, 412.016, 412.049, 412.064, 412.124, 2011 Or. Laws 604, SB 1579 (2012)


461-135-0070    Effective 10/01/11
Specific Requirements; MAA, MAF, and TANF

  1. To be eligible for MAA, MAF, or TANF program benefits, a client 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 for more than 30 days 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. However, a caretaker relative to whom foster care payments are made for more than 30 days is not eligible while the payments are being made to the caretaker relative.

    3. A caretaker relative of a dependent child, when the dependent child is ineligible for MAA, MAF, or 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.

      3. The child is ineligible for MAA or MAF program benefits because citizenship has not been documented (see OAR 461-115-0705).

    4. An essential person. An essential person is a member of the household group (see OAR 461-110-0210) who ---

      1. Is not required to be in the filing group;

      2. Provides a service necessary to the health or protection of a member of the benefit group (see OAR 461-110-0750) who has a mental or physical disability; and

      3. Is less expensive to include in the benefit group than the cost of purchasing this service from another source.

    5. A parent of an unborn, as follows:

      1. For the TANF and MAA programs, 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 and MAA programs, the father of an unborn child, if there is another dependent child in the filing group.

      3. For the MAF program, a mother whose only child is an unborn once the mother's pregnancy has reached the calendar month immediately before the month in which the due date falls.

  2. A client is eligible for MAA or MAF program benefits if the client is:

    1. Eligible for MAA or MAF program benefits under OAR 461-135-0010; or

    2. A minor parent (see OAR 461-001-0000) ineligible for TANF program benefits only because:

      1. The minor refuses to live with a parent or legal guardian as required by OAR 461-135-0080; or

      2. The income of the minor exceeds the income standards because the Department required the minor to return to live with a parent, if the minor parent meets the conditions in OAR 461-135-0080(2).

  3. As used in this rule and OAR 461-125-0170:

    1. "Good cause" means a reasonable person of normal sensitivity, exercising ordinary common sense, would leave work. For an individual with a physical or mental impairment (as defined at 29 CFR 1630.2(h)), "good cause" for voluntarily leaving work is such that a reasonable person with the characteristics and qualities of such individual would leave work.

    2. "Misconduct" means willful or wantonly negligent violation of the standards of behavior which an employer has the right to expect of an employee, including an act or series of actions that amount to a willful or wantonly negligent disregard of an employer's interest.

    3. "Most recent employment" means the last job held within the previous 60 days from the date of request (see OAR 461-115-0030) for TANF program benefits and for which the individual 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.

  4. Except as provided under section (5) of this rule, a need group (see OAR 461-110-0630) is not eligible for TANF program benefits if a caretaker relative in the need group was separated from his or her most recent employment for any of the following reasons:

    1. Discharged or fired, without good cause for:

      1. Misconduct; or

      2. Felony or theft.

    2. Labor dispute; or

    3. Voluntary quit --

      1. In anticipation of discharge; or

      2. Without good cause.

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

    1. A Parents as Scholars (PAS) participant who temporarily becomes ineligible for TANF program benefits for four months or less due to income from a paid work experience (see OAR 461-190-0199).

    2. A teen parent returning to high school or equivalent.

    3. An individual fleeing from or at risk of domestic violence.

    4. An individual in the ninth month of pregnancy or experiencing a medical complication due to the pregnancy which is 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 date of request for TANF program benefits.

    6. An individual who is separated from his or her most recent employment for a reason the Department determines is good cause.

  6. If the need group is not eligible for TANF program benefits solely under section (4) of this rule, the need group is eligible for MAA or MAF program benefits as long as the need group meets all other eligibility (see OAR 461-001-0000) requirements.

  7. A client is eligible for MAF program benefits even while ineligible for TANF program benefits if the client is ineligible for TANF program benefits only because the client is:

    1. A family who would be eligible for the TANF program benefits if allowed the following deductions from income:

      1. The earned income deductions authorized by OAR 461-160-0190.

      2. The unearned income support deduction authorized by OAR 461-160-0200.

    2. A self-employed family who would be eligible for TANF program benefits if the cost of producing the self-employment income was subtracted from the gross sales or receipts under OAR 461-145-0920.

    3. A family that includes an ineligible non-citizen or the father of an unborn who would be eligible for TANF program benefits if the ineligible non-citizen's or father's income is counted under OAR 461-160-0120.

    4. An individual who would be eligible for TANF program benefits if the assets of the following household members were not counted:

      1. An unmarried parent of a dependent child or unborn in the eligibility group.

      2. A child in common of parents in the eligibility group.

      3. The spouse and each child of a caretaker relative in the need group.

    5. The spouse of a caretaker relative, but only if the spouse is the parent of a dependent child.

  8. 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.

  9. 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.

  10. If a parent or caretaker relative covered by section (8) or (9) 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.

Stat. Auth.: ORS 411.060, 411.070, 411.400, 411.404, 411.816, 412.006, 412.049, 412.064, 412.124, HB 2049 (2011)
Stats. Implemented: ORS 411.060, 411.070, 411.400, 411.404, 411.816, 412.006, 412.049, 412.064, 412.124, HB 2049 (2011)


461-135-0070    Temporary Effective 07/01/11 through 09/30/11
Specific Requirements; MAA, MAF, and TANF

  1. To be eligible for MAA, MAF, or TANF program benefits, a client 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 for more than 30 days 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. However, a caretaker relative to whom foster care payments are made for more than 30 days is not eligible while the payments are being made to the caretaker relative.

    3. A caretaker relative of a dependent child, when the dependent child is ineligible for MAA, MAF, or 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.

      3. The child is ineligible for MAA or MAF program benefits because citizenship has not been documented (see OAR 461-115-0705).

    4. An essential person. An essential person is a member of the household group (see OAR 461-110-0210) who ---

      1. Is not required to be in the filing group;

      2. Provides a service necessary to the health or protection of a member of the benefit group (see OAR 461-110-0750) who has a mental or physical disability; and

      3. Is less expensive to include in the benefit group than the cost of purchasing this service from another source.

    5. A parent of an unborn, as follows:

      1. For the TANF and MAA programs, 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 and MAA programs, the father of an unborn child, if there is another dependent child in the filing group.

      3. For the MAF program, a mother whose only child is an unborn once the mother's pregnancy has reached the calendar month immediately before the month in which the due date falls.

  2. A client is eligible for MAA or MAF program benefits if the client is:

    1. Eligible for MAA or MAF program benefits under OAR 461-135-0010; or

    2. A minor parent (see OAR 461-001-0000) ineligible for TANF program benefits only because:

      1. The minor refuses to live with a parent or legal guardian as required by OAR 461-135-0080; or

      2. The income of the minor exceeds the income standards because the Department required the minor to return to live with a parent, if the minor parent meets the conditions in OAR 461-135-0080(2).

  3. As used in this rule and OAR 461-125-0170:

    1. "Good cause" means a reasonable person of normal sensitivity, exercising ordinary common sense, would leave work. For an individual with a physical or mental impairment (as defined at 29 CFR 1630.2(h)), "good cause" for voluntarily leaving work is such that a reasonable person with the characteristics and qualities of such individual would leave work.

    2. "Misconduct" means willful or wantonly negligent violation of the standards of behavior which an employer has the right to expect of an employee, including an act or series of actions that amount to a willful or wantonly negligent disregard of an employer's interest.

    3. "Most recent employment" means the last job held within the previous 60 days from the date of request (see OAR 461-115-0030) for TANF program benefits and for which the individual 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.

  4. Except as provided under section (5) of this rule, a need group (see OAR 461-110-0630) is not eligible for TANF program benefits if a caretaker relative in the need group was separated from his or her most recent employment for any of the following reasons:

    1. Discharged or fired, without good cause for:

      1. Misconduct; or

      2. Felony or theft.

    2. Labor dispute; or

    3. Voluntary quit --

      1. In anticipation of discharge; or

      2. Without good cause.

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

    1. A Parents as Scholars (PAS) participant who temporarily becomes ineligible for TANF program benefits for four months or less due to income from a paid work experience (see OAR 461-190-0199).

    2. A teen parent returning to high school or equivalent.

    3. An individual fleeing from or at risk of domestic violence.

    4. An individual in the ninth month of pregnancy or experiencing a medical complication due to the pregnancy which is 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 date of request for TANF program benefits.

    6. An individual who is separated from his or her most recent employment for a reason the Department determines is good cause.

  6. If the need group is not eligible for TANF program benefits solely under section (4) of this rule, the need group is eligible for MAA or MAF program benefits as long as the need group meets all other eligibility (see OAR 461-001-0000) requirements.

  7. A client is eligible for MAF program benefits even while ineligible for TANF program benefits if the client is ineligible for TANF program benefits only because the client is:

    1. A family who would be eligible for the TANF program benefits if allowed the following deductions from income:

      1. The earned income deductions authorized by OAR 461-160-0190.

      2. The unearned income support deduction authorized by OAR 461-160-0200.

    2. A self-employed family who would be eligible for TANF program benefits if the cost of producing the self-employment income was subtracted from the gross sales or receipts under OAR 461-145-0920.

    3. A family that includes an ineligible non-citizen or the father of an unborn who would be eligible for TANF program benefits if the ineligible non-citizen's or father's income is counted under OAR 461-160-0120.

    4. An individual who would be eligible for TANF program benefits if the assets of the following household members were not counted:

      1. An unmarried parent of a dependent child or unborn in the eligibility group.

      2. A child in common of parents in the eligibility group.

      3. The spouse and each child of a caretaker relative in the need group.

    5. The spouse of a caretaker relative, but only if the spouse is the parent of a dependent child.

  8. 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.

  9. 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.

  10. If a parent or caretaker relative covered by section (8) or (9) 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.

Stat. Auth.: ORS 411.060, 411.070, 411.400, 411.404, 411.816, 412.006, 412.049, 412.064, 412.124, HB 2049 (2011)
Stats. Implemented: ORS 411.060, 411.070, 411.400, 411.404, 411.816, 412.006, 412.049, 412.064, 412.124, HB 2049 (2011)


461-135-0070    Effective 10/29/09
Specific Requirements; MAA, MAF, and TANF

  1. To be eligible for MAA, MAF, or TANF program benefits, a client 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 for more than 30 days 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. However, a caretaker relative to whom foster care payments are made for more than 30 days is not eligible while the payments are being made to the caretaker relative.

    3. A caretaker relative of a dependent child, when the dependent child is ineligible for MAA, MAF, or 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.

      3. The child is ineligible for MAA or MAF program benefits because citizenship has not been documented (see OAR 461-115-0705).

    4. An essential person. An essential person is a member of the household group (see OAR 461-110-0210) who ---

      1. Is not required to be in the filing group;

      2. Provides a service necessary to the health or protection of a member of the benefit group (see OAR 461-110-0750) who has a mental or physical disability; and

      3. Is less expensive to include in the benefit group than the cost of purchasing this service from another source.

    5. A parent of an unborn, as follows:

      1. For the TANF and MAA programs, 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 and MAA programs, the father of an unborn child, if there is another dependent child in the filing group.

      3. For the MAF program, a mother whose only child is an unborn once the mother's pregnancy has reached the calendar month immediately before the month in which the due date falls.

  2. A client is eligible for MAA or MAF program benefits if the client is:

    1. Eligible for MAA or MAF program benefits under OAR 461-135-0010; or

    2. A minor parent (see OAR 461-001-0000) ineligible for TANF program benefits only because:

      1. The minor refuses to live with a parent or legal guardian as required by OAR 461-135-0080; or

      2. The income of the minor exceeds the income standards because the Department required the minor to return to live with a parent, if the minor parent meets the conditions in OAR 461-135-0080(2).

  3. As used in this rule and OAR 461-125-0170:

    1. "Good cause" means a reasonable person of normal sensitivity, exercising ordinary common sense, would leave work. For an individual with a physical or mental impairment (as defined at 29 CFR 1630.2(h)) good cause for voluntarily leaving work is such that a reasonable person with the characteristics and qualities of such individual would leave work.

    2. "Misconduct" means willful or wantonly negligent violation of the standards of behavior which an employer has the right to expect of an employee, including an act or series of actions that amount to a willful or wantonly negligent disregard of an employer's interest.

    3. "Most recent employment" means the last job held within the previous 12 months from the date of request (see OAR 461-115-0030) for TANF program benefits and for which the individual 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.

  4. Except as provided under section (5) of this rule, a need group (see OAR 461-110-0630) is not eligible for TANF program benefits if a caretaker relative in the need group was separated from his or her most recent employment for any of the following reasons:

    1. Discharged or fired for:

      1. Misconduct; or

      2. Felony or theft.

    2. Labor dispute; or

    3. Voluntary quit --

      1. In anticipation of discharge; or

      2. Without good cause.

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

    1. A Parents as Scholars (PAS) participant who temporarily becomes ineligible for TANF program benefits for four months or less due to income from a paid work experience (see OAR 461-190-0199).

    2. A teen parent returning to high school or equivalent.

    3. An individual fleeing from or at risk of domestic violence.

    4. An individual in the ninth month of pregnancy or experiencing a medical complication due to the pregnancy which is 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 date of request for TANF program benefits.

    6. An individual who is separated from his or her most recent employment for a reason the Department determines is good cause.

  6. If the need group is not eligible for TANF program benefits solely under section (4) of this rule, the need group is eligible for MAA or MAF program benefits as long as the need group meets all other eligibility (see OAR 461-001-0000) requirements.

  7. A client is eligible for MAF program benefits even while ineligible for TANF program benefits if the client is ineligible for TANF program benefits only because the client is:

    1. A family who would be eligible for the TANF program benefits if allowed the following deductions from income:

      1. The earned income deductions authorized by OAR 461-160-0190.

      2. The unearned income support deduction authorized by OAR 461-160-0200.

    2. A self-employed family who would be eligible for TANF program benefits if the cost of producing the self-employment income was subtracted from the gross sales or receipts under OAR 461-145-0920.

    3. A family that includes an ineligible non-citizen or the father of an unborn who would be eligible for TANF program benefits if the ineligible non-citizen's or father's income is counted under OAR 461-160-0120.

    4. An individual who would be eligible for TANF program benefits if the assets of the following household members were not counted:

      1. An unmarried parent of a dependent child or unborn in the eligibility group.

      2. A child in common of parents in the eligibility group.

      3. The spouse and each child of a caretaker relative in the need group.

    5. The spouse of a caretaker relative, but only if the spouse is the parent of a dependent child.

  8. 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.

  9. 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.

  10. If a parent or caretaker relative covered by section (8) or (9) 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.

Stat. Auth.: ORS 411.060, 411.070, 411.816, 412.006, 412.049, 412.064, 412.124, 414.042
Stats. Implemented: ORS 411.060, 414.047, 412.049, 2009 Or. Laws ch. 827


461-135-0070    Temporary Effective 08/01/09 through 10/28/09
Specific Requirements; MAA, MAF, and TANF
4

  1. To be eligible for the MAA, MAF, or TANF programs, a client must be one of the following:

    1. A dependent child (see OAR 461-001-0000). However, dependent children for whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    2. A caretaker relative (see OAR 461-001-0000) of an eligible dependent child. However, caretaker relatives to whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    3. A caretaker relative of a dependent child, when the dependent child is ineligible for MAA, MAF, or TANF 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.

      3. The child is ineligible for MAA or MAF because citizenship has not been documented (see OAR 461-115-0705),

    4. An essential person. An essential person is a member of the household group (see OAR 461-110-0210) who ---

      1. Is not required to be in the filing group;

      2. Provides a service necessary to the health or protection of a member of the benefit group (see OAR 461-110-0750) who has a mental or physical disability; and

      3. Is less expensive to include in the benefit group than the cost of purchasing this service from another source.

    5. A parent of an unborn, as follows:

      1. For TANF and MAA, 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 and MAA programs, the father of an unborn child, if there is another dependent child in the filing group.

      3. For MAF, a mother whose only child is an unborn once the mother's pregnancy has reached the calendar month immediately before the month in which the due date falls.

  2. A client is eligible for MAA or MAF if the client is:

    1. Eligible for MAA or MAF under OAR 461-135-0010; or

    2. A minor parent (see OAR 461-001-0000) ineligible for TANF only because:

      1. The minor refuses to live with a parent or legal guardian as required by OAR 461-135-0080; or

      2. The income of the minor exceeds the income standards because the Department required the minor to return to live with a parent, if the minor parent meets the conditions in OAR 461-135-0080(2).

  3. As used in this rule and OAR 461-125-0170, "most recent employment" means the last job held within the previous 12 months from the date of request (see OAR 461-115-0030) for TANF program benefits for which the individual worked or was scheduled to work 100 or more hours in the last full calendar month of employment.

  4. The need group (see OAR 461-110-0630) is not eligible for TANF program benefits if a caretaker relative in the need group was separated from his or her most recent employment for any of the following reasons:

    1. Discharged or fired for misconduct, felony, or theft;

    2. Labor Dispute; or

    3. Voluntary quit --

      1. In anticipation of discharge;

      2. In anticipation of quit; or

      3. Without good cause.

  5. If the need group is not eligible for TANF benefits solely under section (4) of this rule, the need group may still be eligible for MAA or MAF.

  6. Section (4) of this rule does not apply to Parents as Scholars (PAS) program participants who temporarily become ineligible for TANF program benefits for four months or less due to income from a paid work experience (see OAR 461-190-0199), except when discharged or fired for misconduct, felony, or theft.

  7. Clients are eligible for MAF even while ineligible for TANF if they are ineligible for TANF only because they are:

    1. Families who would be eligible for the TANF program if they were allowed the following deductions from income:

      1. The earned income deductions authorized by OAR 461-160-0190.

      2. The unearned income support deduction authorized by OAR 461-160-0200.

    2. Self-employed families who would be eligible for TANF if the cost of producing the self-employment income were subtracted from their gross sales or receipts in accordance with OAR 461-145-0920.

    3. Families that include an ineligible non-citizen or the father of an unborn who would be eligible for TANF if the ineligible non-citizen's or father's income is counted in accordance with OAR 461-160-0120.

    4. Individuals who would be eligible for TANF if the assets of the following household members were not counted:

      1. An unmarried parent of a dependent child or unborn in the eligibility group.

      2. A child in common of parents in the eligibility group.

      3. The spouse and children of a caretaker relative in the need group (see OAR 461-110-0630).

    5. The spouse of a caretaker relative, but only if the spouse is the parent of a dependent child.

  8. A family is ineligible for TANF 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 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.

  9. A family is ineligible for TANF 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.

  10. If a parent or caretaker relative covered by section (8) or (9) 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.

Stat. Auth.: ORS 409.050, 411.060, 411.070, 412.006, 412.016, 412.049
Stats. Implemented: ORS 411.060, 411.070, 412.006, 412.016, 414.047, 412.049, HB 2126 (2009)


461-135-0070    Temporary Effective 05/01/09 through 07/31/09
Specific Requirements; MAA, MAF, and TANF

  1. To be eligible for the MAA, MAF, or TANF programs, a client must be one of the following:

    1. A dependent child (see OAR 461-001-0000). However, dependent children for whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    2. A caretaker relative (see OAR 461-001-0000) of an eligible dependent child. However, caretaker relatives to whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    3. A caretaker relative of a dependent child, when the dependent child is ineligible for MAA, MAF, or TANF 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.

      3. The child is ineligible for MAA or MAF because citizenship has not been documented (see OAR 461-115-0705),

    4. An essential person. An essential person is a member of the household group (see OAR 461-110-0210) who ---

      1. Is not required to be in the filing group;

      2. Provides a service necessary to the health or protection of a member of the benefit group (see OAR 461-110-0750) who has a mental or physical disability; and

      3. Is less expensive to include in the benefit group than the cost of purchasing this service from another source.

    5. A parent of an unborn, as follows:

      1. For TANF and MAA, 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 and MAA programs, the father of an unborn child, if there is another dependent child in the filing group.

      3. For MAF, a mother whose only child is an unborn once the mother's pregnancy has reached the calendar month immediately before the month in which the due date falls.

  2. A client is eligible for MAA or MAF if the client is:

    1. Eligible for MAA or MAF under OAR 461-135-0010; or

    2. A minor parent (see OAR 461-001-0000) ineligible for TANF only because:

      1. The minor refuses to live with a parent or legal guardian as required by OAR 461-135-0080; or

      2. The income of the minor exceeds the income standards because the Department required the minor to return to live with a parent, if the minor parent meets the conditions in OAR 461-135-0080(2).

  3. The need group (see OAR 461-110-0630) is not eligible for TANF benefits if a caretaker relative in the need group was separated from his or her most recent employment for reasons that would or do result in disqualification from Oregon Employment Department unemployment compensation (UC) benefits, unless the UC benefits disqualification is from employment that ended more than 12 months before the date of request (see OAR 461-115-0030). "Most recent employment" means the last employment in which he or she worked or was hired to work at least 100 hours per month.

  4. If the need group is not eligible for TANF benefits solely under section (3) of this rule, the need group may still be eligible for MAA or MAF.

  5. Clients are eligible for MAF even while ineligible for TANF if they are ineligible for TANF only because they are:

    1. Families who would be eligible for the TANF program if they were allowed the following deductions from income:

      1. The earned income deductions authorized by OAR 461-160-0190.

      2. The unearned income support deduction authorized by OAR 461-160-0200.

    2. Self-employed families who would be eligible for TANF if the cost of producing the self-employment income were subtracted from their gross sales or receipts in accordance with OAR 461-145-0920.

    3. Families that include an ineligible non-citizen or the father of an unborn who would be eligible for TANF if the ineligible non-citizen's or father's income is counted in accordance with OAR 461-160-0120.

    4. Individuals who would be eligible for TANF if the assets of the following household members were not counted:

      1. An unmarried parent of a dependent child or unborn in the eligibility group.

      2. A child in common of parents in the eligibility group.

      3. The spouse and children of a caretaker relative in the need group (see OAR 461-110-0630).

    5. The spouse of a caretaker relative, but only if the spouse is the parent of a dependent child.

  6. A family is ineligible for TANF 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 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.

  7. A family is ineligible for TANF 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.

  8. If a parent or caretaker relative covered by section (6) or (7) 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.

Stat. Auth.: ORS 411.060, 412.049
Stats. Implemented: ORS 411.060, 14.047, 412.049


461-135-0070 Effective 03/01/08
Specific Requirements; MAA, MAF, and TANF

  1. To be eligible for the MAA, MAF, or TANF programs, a client must be one of the following:

    1. A dependent child(see OAR 461-001-0000). However, dependent children for whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    2. A caretaker relative(see OAR 461-001-0000) of an eligible dependent child. However, caretaker relatives to whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    3. A caretaker relativeof a dependent child, when the dependent childis ineligible for MAA, MAF, or TANF 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.

      3. The child is ineligible for MAA or MAF because citizenship has not been documented (see OAR 461-115-0705),

    4. An essential person. An essential person is a member of the household group (see OAR 461-110-0210) who--

      1. Is not required to be in the filing group;

      2. Provides a service necessary to the health or protection of a member of the benefit group (see OAR 461-110-0750) who has a mental or physical disability; and

      3. Is less expensive to include in the benefit group than the cost of purchasing this service from another source.

    5. A parent of an unborn, as follows:

      1. For TANF and MAA, 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 and MAA programs, the father of an unborn child, if there is another dependent childin the filing group.

      3. For MAF, a mother whose only child is an unborn once the mother's pregnancy has reached the calendar month immediately before the month in which the due date falls.

  2. A client is eligible for MAA or MAF if the client is:

    1. Eligible for MAA or MAF under OAR 461-135-0010; or

    2. A minor parent (see OAR 461-001-0000) ineligible for TANF only because:

      1. The minor refuses to live with a parent or legal guardian as required by OAR 461-135-0080; or

      2. The income of the minor exceeds the income standards because the Department required the minor to return to live with a parent, if the minor parent meets the conditions in OAR 461-135-0080(2).

  3. Clients are eligible for MAF even while ineligible for TANF if they are ineligible for TANF only because they are:

    1. Families who would be eligible for the TANF program if they were allowed the following deductions from income:

      1. The earned income deductions authorized by OAR 461-160-0190.

      2. The unearned income support deduction authorized by OAR 461-160-0200.

    2. Self-employed families who would be eligible for TANF if the cost of producing the self-employment income were subtracted from their gross sales or receipts in accordance with OAR 461-145-0920.

    3. Families that include an ineligible non-citizen or the father of an unborn who would be eligible for TANF if the ineligible non-citizen's or father's income is counted in accordance with OAR 461-160-0120.

    4. Individuals who would be eligible for TANF if the assets of the following household members were not counted:

      1. An unmarried parent of a dependent childor unborn in the eligibility group.

      2. A child in common of parents in the eligibility group.

      3. The spouse and children of a caretaker relativein the need group (see OAR 461-110-0630).

    5. The spouse of a caretaker relative, but only if the spouse is the parent of a dependent child.

  4. A family is ineligible for TANF 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 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 relativewho 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.

  5. A family is ineligible for TANF 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 relativeor 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.

  6. If a parent or caretaker relativecovered by section (4) or (5) 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.

Stat. Auth.: ORS 411.060, 418.100
Stats. Implemented: ORS 411.060, 414.047, 418.100


461-135-0070    Temporary Effective 10/01/07 through 02/29/08
Specific Requirements; MAA, MAF, and TANF

  1. To be eligible for the MAA, MAF, or TANF programs, a client must be one of the following:

    1. A dependent child (see OAR 461-001-0000). However, dependent children for whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    2. A caretaker relative (see OAR 461-001-0000) of an eligible dependent child. However, caretaker relatives to whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    3. A caretaker relative of a dependent child, when the dependent child is ineligible for MAA, MAF, or TANF 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.

      3. The child is ineligible for MAA or MAF because citizenship has not been documented (see OAR 461-115-0705),

    4. An essential person. An essential person is a member of the household group (see OAR 461-110-0210) who--

      1. Is not required to be in the filing group;

      2. Provides a service necessary to the health or protection of a member of the benefit group (see OAR 461-110-0750) who has a mental or physical disability; and

      3. Is less expensive to include in the benefit group than the cost of purchasing this service from another source.

    5. A parent of an unborn, as follows:

      1. For TANF and MAA, 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 and MAA programs, the father of an unborn child, if there is another dependent child in the filing group.

      3. For MAF, a mother whose only child is an unborn once the mother's pregnancy has reached the calendar month immediately before the month in which the due date falls.

  2. A client is eligible for MAA or MAF if the client is:

    1. Eligible for MAA or MAF under OAR 461-135-0010; or

    2. A minor parent (see OAR 461-001-0000) ineligible for TANF only because:

      1. The minor refuses to live with a parent or legal guardian as required by OAR 461-135-0080; or

      2. The income of the minor exceeds the income standards because the Department required the minor to return to live with a parent, if the minor parent meets the conditions in OAR 461-135-0080(2).

  3. Clients are eligible for MAF even while ineligible for TANF if they are ineligible for TANF only because they are:

    1. Families who would be eligible for the TANF program if they were allowed the following deductions from income:

      1. The earned income deductions authorized by OAR 461-160-0190.

      2. The unearned income support deduction authorized by OAR 461-160-0200.

    2. Self-employed families who would be eligible for TANF if the cost of producing the self-employment income were subtracted from their gross sales or receipts in accordance with OAR 461-145-0920.

    3. Families that include an ineligible non-citizen or the father of an unborn who would be eligible for TANF if the ineligible non-citizen's or father's income is counted in accordance with OAR 461-160-0120.

    4. Individuals who would be eligible for TANF if the assets of the following household members were not counted:

      1. An unmarried parent of a dependent child or unborn in the eligibility group.

      2. A child in common of parents in the eligibility group.

      3. The spouse and children of a caretaker relative in the need group (see OAR 461-110-0630).

    5. The spouse of a caretaker relative, but only if the spouse is the parent of a dependent child.

  4. A family is ineligible for TANF 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 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.

  5. A family is ineligible for TANF 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.

  6. If a parent or caretaker relative covered by section (4) or (5) 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.

Stat. Auth.: ORS 411.060, 418.100
Stats. Implemented: ORS 411.060, 414.047, 418.100


461-135-0070 Effective 04/01/07
Specific Requirements; MAA, MAF, and TANF

  1. To be eligible for the MAA, MAF, or TANF programs, a client must be one of the following:

    1. A dependent child (see OAR 461-001-0000). However, dependent children for whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    2. A caretaker relative (see OAR 461-001-0000) of an eligible dependent child. However, caretaker relatives to whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    3. A caretaker relative of a dependent child, when the dependent child is ineligible for MAA, MAF, or TANF 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.

      3. The child is disqualified from TANF for failure to comply with requirements of the JOBS program (see the rules in division 130 of this chapter of rules) or requirements related to mental health or drug and alcohol (see OAR 461-135-0085), except that a caretaker relative is not eligible for TANF if the case is in a level three disqualification (see OAR 461-130-0330(1) and 461-135-0085).

      4. The child is ineligible for MAA or MAF because citizenship has not been documented (see OAR 461-115-0705),

    4. An essential person. An essential person is a member of the household group (see OAR 461-110-0210) who--

      1. Is not required to be in the filing group;

      2. Provides a service necessary to the health or protection of a member of the benefit group (see OAR 461-110-0750) who has a mental or physical disability; and

      3. Is less expensive to include in the benefit group than the cost of purchasing this service from another source.

    5. A parent of an unborn, as follows:

      1. For TANF and MAA, 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 and MAA programs, the father of an unborn child, if there is another dependent child in the filing group.

      3. For MAF, a mother whose only child is an unborn once the mother's pregnancy has reached the calendar month immediately before the month in which the due date falls.

  2. A client is eligible for MAA or MAF if the client is:

    1. Eligible for MAA or MAF under OAR 461-135-0010; or

    2. A minor parent (see OAR 461-001-0000) ineligible for TANF only because:

      1. The minor refuses to live with a parent or legal guardian as required by OAR 461-135-0080; or

      2. The income of the minor exceeds the income standards because the Department required the minor to return to live with a parent, if the minor parent meets the conditions in OAR 461-135-0080(2).

  3. Clients are eligible for MAF even while ineligible for TANF if they are ineligible for TANF only because they are:

    1. Families who would be eligible for the TANF program if they were allowed the following deductions from income:

      1. The earned income deductions authorized by OAR 461-160-0190.

      2. The unearned income support deduction authorized by OAR 461-160-0200.

    2. Self-employed families who would be eligible for TANF if the cost of producing the self-employment income were subtracted from their gross sales or receipts in accordance with OAR 461-145-0920.

    3. Families that include an ineligible non-citizen or the father of an unborn who would be eligible for TANF if the ineligible non-citizen's or father's income is counted in accordance with OAR 461-160-0120.

    4. Individuals who would be eligible for TANF if the assets of the following household members were not counted:

      1. An unmarried parent of a dependent child or unborn in the eligibility group.

      2. A child in common of parents in the eligibility group.

      3. The spouse and children of a caretaker relative in the need group (see OAR 461-110-0630).

    5. The spouse of a caretaker relative, but only if the spouse is the parent of a dependent child.

  4. A family is ineligible for TANF 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 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.

  5. If a parent or caretaker relative is a member of the Siletz Tribe (Confederated Tribes of Siletz Indians of Oregon) and the family lives in Benton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington or Yamhill county, the entire filing group is ineligible for TANF. The only exception is when the Siletz Tribes determines the group ineligible for its TANF program, based on eligibility factors other than failure to cooperate with Siletz TANF program requirements.

  6. If a parent or caretaker relative covered by section (4) or (5) 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.

Stat. Auth.: ORS 411.060, 414.047, 418.100
Stats. Implemented: ORS 411.060, 414.047, 418.100


461-135-0070 Effective 01/01/07
Specific Requirements; MAA, MAF, and TANF

  1. To be eligible for the MAA, MAF or TANF programs, a client must be one of the following:

    1. A dependent child (see OAR 461-001-0000). However, dependent children for whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    2. A caretaker relative (see OAR 461-001-0000) of an eligible dependent child. However, caretaker relatives to whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    3. A caretaker relative of a dependent child, when the dependent child is ineligible for TANF 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.

      3. The child is disqualified from TANF for failure to comply with requirements of the JOBS program (see the rules in division 130 of this chapter of rules) or requirements related to mental health or drug and alcohol (see OAR 461-135-0085), except that a caretaker relative is not eligible for TANF if the case is in a level three disqualification (see OAR 461-130-0330(1) and 461-135-0085).

    4. An essential person. An essential person is a member of the household group (see OAR 461-110-0210) who--

      1. Is not required to be in the filing group;

      2. Provides a service necessary to the health or protection of a member of the benefit group (see OAR 461-110-0750) who has a mental or physical disability; and

      3. Is less expensive to include in the benefit group than the cost of purchasing this service from another source.

    5. A parent of an unborn, as follows:

      1. For TANF and MAA, 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 and MAA programs, the father of an unborn child, if there is another dependent child in the filing group.

      3. For MAF, a mother whose only child is an unborn once the mother's pregnancy has reached the calendar month immediately before the month in which the due date falls.

  2. A client is eligible for MAA or MAF if the client is:

    1. Eligible for MAA or MAF under OAR 461-135-0010; or

    2. A minor parent (see OAR 461-001-0000) ineligible for TANF only because:

      1. The minor refuses to live with a parent or legal guardian as required by OAR 461-135-0080; or

      2. The income of the minor exceeds the income standards because the Department required the minor to return to live with a parent, if the minor parent meets the conditions in OAR 461-135-0080(2).

  3. Clients are eligible for MAF even while ineligible for TANF if they are ineligible for TANF only because they are:

    1. Families who would be eligible for the TANF program if they were allowed the following deductions from income:

      1. The earned income deductions authorized by OAR 461-160-0190.

      2. The unearned income support deduction authorized by OAR 461-160-0200.

    2. Self-employed families who would be eligible for TANF if the cost of producing the self-employment income were subtracted from their gross sales or receipts in accordance with OAR 461-145-0920.

    3. Families that include an ineligible non-citizen or the father of an unborn who would be eligible for TANF if the ineligible non-citizen's or father's income is counted in accordance with OAR 461-160-0120.

    4. Individuals who would be eligible for TANF if the assets of the following household members were not counted:

      1. An unmarried parent of a dependent child or unborn in the eligibility group.

      2. A child in common of parents in the eligibility group.

      3. The spouse and children of a caretaker relative in the need group (see OAR 461-110-0630).

    5. The spouse of a caretaker relative, but only if the spouse is the parent of a dependent child.

  4. A family is ineligible for TANF 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 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.

  5. If a parent or caretaker relative is a member of the Siletz Tribe (Confederated Tribes of Siletz Indians of Oregon) and the family lives in Benton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington or Yamhill county, the entire filing group is ineligible for TANF. The only exception is when the Siletz Tribes determines the group ineligible for its TANF program, based on eligibility factors other than failure to cooperate with Siletz TANF program requirements.

  6. If a parent or caretaker relative covered by section (4) or (5) 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.

Stat. Auth.: ORS 411.060, 414.047, 418.100
Stats. Implemented: ORS 411.060, 414.047, 418.100


461-135-0070 Effective 01/01/01
Specific Requirements; MAA, MAF and TANF

  1. To be eligible for the MAA, MAF or TANF programs, a client must be one of the following:

    1. A dependent child (see OAR 461-110-0110). However, dependent children for whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    2. A caretaker relative (see OAR 461-120-0610) of an eligible dependent child. However, caretaker relatives to whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    3. A caretaker relative of a dependent child, when the dependent child is ineligible for TANF 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.

      3. The child is disqualified from TANF for failure to comply with requirements of the JOBS program (see the rules in division 130 of this chapter of rules) or requirements related to mental health or drug and alcohol (see OAR 461-135-0085), except that a caretaker relative is not eligible for TANF if the case is in a level three disqualification (see OAR 461-130-0330(1) and 461-135-0085).

    4. An essential person. An essential person is a household group member not required to be in the filing group and:

      1. Who provides a service necessary to the health or protection of a mentally or physically disabled benefit group member; and

      2. Including the person in the benefit group is less expensive than purchasing this service from another source.

    5. A parent of an unborn, as follows:

      1. For TANF and MAA, 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 and MAA programs, the father of an unborn child, if there is another dependent child in the filing group.

      3. For MAF, a mother whose only child is an unborn once the mother's pregnancy has reached the calendar month immediately before the month in which the due date falls.

  2. Clients are eligible for MAA or MAF if they are:

    1. Eligible for MAA or MAF under OAR 461-135-0010, "Assumed Eligibility for Medical Programs;"

    2. minor parents ineligible for TANF only because:

      1. They refuse to live with a parent or legal guardian as required by OAR 461-135-0080; or

      2. Their income exceeds the income standards because the Division required the minor to return to live with a parent, if the minor parent meets the conditions in OAR 461-135-0080(2); or

    3. Clients ineligible for TANF only because of the 24-month time limit in OAR 461-135-0075.

  3. Clients are eligible for MAF even while ineligible for TANF if they are ineligible for TANF only because they are:

    1. Families who would be eligible for the TANF program if they were allowed the following deductions from income:

      1. The earned income deductions authorized by OAR 461-160-0190.

      2. The unearned income support deduction authorized by OAR 461-160-0200.

    2. Self-employed families who would be eligible for TANF if the cost of producing the self-employment income were subtracted from their gross sales or receipts in accordance with OAR 461-145-0920.

    3. Families that include an ineligible non-citizen or the father of an unborn who would be eligible for TANF if the ineligible non-citizen's or father's income is counted in accordance with OAR 461-160-0120.

    4. Persons who would be eligible for TANF if the assets of the following household members were not counted:

      1. An unmarried parent of a dependent child or unborn in the eligibility group.

      2. A child in common of parents in the eligibility group.

      3. The spouse and children of a caretaker relative in the need group.

    5. The spouse of a caretaker relative, but only if the spouse is the parent of a dependent child.

  4. A family is ineligible for TANF if the family:

    1. Lives in Klamath county;

    2. 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 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; and

    3. 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.

  5. If a parent or caretaker relative is a member of the Siletz Tribe (Confederated Tribes of Siletz Indians of Oregon) and the family lives in Benton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington or Yamhill county, the entire filing group is ineligible for TANF. The only exception is when the Siletz Tribes determines the group ineligible for its TANF program, based on eligibility factors other than failure to cooperate with Siletz TANF program requirements.

  6. If a parent or caretaker relative covered by section (4) or (5) of this rule fails to follow through with a Division referral to the Klamath or Siletz Tribal TANF program, the entire filing group is ineligible for TANF.

Stat. Auth.: ORS 411.060, 414.047, 418.100
Stats. Implemented: ORS 411.060, 414.047, 418.100


461-135-0070 Effective 12/01/99
Specific Requirements; MAA, MAF and TANF

  1. To be eligible for the MAA, MAF or TANF programs, a client must be one of the following:

    1. A dependent child (see OAR 461-110-0110). However, dependent children for whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    2. caretaker relatives (see OAR 461-120-0630) of an eligible dependent child. However, caretaker relatives to whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    3. caretaker relatives of a dependent child, when the dependent child is ineligible because of one of the following:

      1. The child is receiving SSI.

      2. The child is in foster care, but is expected to return home within 30 days. Add these children to the benefit group when they return to the home.

      3. The child is disqualified from TANF for failure to comply with requirements of the JOBS program (see the rules in division 130 of this chapter of rules) or requirements related to mental health or drug and alcohol (see OAR 461-135-0085), except that a caretaker relative is not eligible for TANF if the case is in a level three disqualification (see OAR 461-130-0330(1) and 461-135-0085).

    4. An essential person. An essential person is a household group member not required to be in the filing group and:

      1. Who provides a service necessary to the health or protection of a mentally or physically disabled benefit group member; and

      2. Including the person in the benefit group is less expensive than purchasing this service from another source.

    5. The parent(s) of an unborn, as follows:

      1. For TANF and MAA, 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 and MAA programs, the father of an unborn child, if there is another dependent child in the filing group.

      3. For MAA or MAF, a mother whose only child is an unborn.

  2. Clients are eligible for MAA or MAF even while ineligible for TANF if they are ineligible for TANF only because they are:

    1. minor parents who are ineligible for TANF because:

      1. They refuse to live with a parent or legal guardian as required by OAR 461-135-0080; or

      2. Their income exceeds the income standards because the Division required the minor to return to live with a parent, if the minor parent meets the conditions in OAR 461-135-0080(2).

    2. People who are assumed eligible under OAR 461-135-0010.

    3. Clients who are ineligible for TANF due to the 24-month time limit in OAR 461-135-0075.

  3. Clients are eligible for MAF even while ineligible for TANF if they are ineligible for TANF only because they are:

    1. Families who would be eligible for the TANF program if they were allowed the following deductions from income:

      1. The earned income deductions authorized by OAR 461-160-0190.

      2. The $50 unearned income support deduction authorized by OAR 461-160-0200.

    2. Self-employed families who would be eligible for TANF if the cost of producing the self-employment income were subtracted from their gross sales or receipts in accordance with OAR 461-145-0920.

    3. Families that include an ineligible non-citizen or the father of an unborn who would be eligible for TANF if the ineligible non-citizen's or father's income is counted in accordance with OAR 461-160-0120.

    4. Persons who would be eligible for TANF if the assets of the following household members were not counted:

      1. An unmarried parent of a dependent child or unborn in the eligibility group.

      2. A child in common of parents in the eligibility group.

      3. The spouse and children of a caretaker relative in the need group.

    5. The spouse of a caretaker relative, but only if the spouse is the parent of a dependent child.

  4. A family is ineligible for TANF if the family:

    1. Lives in Klamath county;

    2. 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 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; and

    3. 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.

  5. If a parent or caretaker relative is a member of the Siletz Tribe (Confederated Tribes of Siletz Indians of Oregon) and the family lives in Benton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington or Yamhill county, the entire filing group is ineligible for TANF and MAA. The only exception is when the Siletz Tribes determines the group ineligible for its TANF program, based on eligibility factors other than failure to cooperate with Siletz TANF program requirements.

  6. If a parent or caretaker relative covered by section (4) or (5) of this rule fails to follow through with a Division referral to the Klamath or Siletz Tribal TANF program, the entire filing group is ineligible for TANF.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060


461-135-0070   Effective 04-01-99
Specific Requirements; TANF, MAA, and MAF

  1. To be eligible for the TANF, MAA or MAF programs, a client must be one of the following:

    1. A dependent child (see OAR 461-110-0110). However, dependent children for whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    2. Caretaker relatives (see OAR 461-120-0630) of an eligible dependent child. However, caretaker relatives to whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    3. Caretaker relatives of a dependent child, when the dependent child is ineligible because of one of the following:

      1. The child is receiving SSI.

      2. The child is in foster care, but is expected to return home within 30 days. Add these children to the benefit group when they return to the home.

      3. The child is disqualified from TANF for failure to comply with requirements of the JOBS program (see the rules in division 130 of this chapter of rules) or requirements related to mental health or drug and alcohol (see OAR 461-135-0085), except that a caretaker relative is not eligible for TANF if the case is in a level three disqualification (see OAR 461-130-0330(1)(a) and 461-135-0085(2)(a)(C)).

    4. An essential person. An essential person is a household group member not required to be in the filing group who:

      1. Provides a service necessary to the health or protection of a mentally or physically disabled benefit group member; and

      2. Including the person in the benefit group is less expensive than purchasing this service from another source.

    5. The parent(s) of an unborn, as follows:

      1. For TANF and MAA, 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 and MAA programs, the father of an unborn child, if there is another dependent child in the filing group.

      3. For MAA or MAF, a mother whose only child is an unborn.

  2. Clients described in this section are eligible for MAA or MAF even while ineligible for TANF if they are ineligible for TANF only because they are:

    1. Minor parents who are ineligible for TANF because they:

      1. Refuse to live with a parent or legal guardian as required by OAR 461-135-0080, or

      2. Exceed the income standards because the Division required the minor to return to live with a parent, if the minor parent meets the conditions in OAR 461 135 0080(2).

    2. People who are assumed eligible under OAR 461-135-0010.

    3. Clients who are ineligible for TANF due to the 24 month time limit in OAR 461-135-0075.

  3. Clients described in this section are eligible for MAF even while ineligible for TANF if they are ineligible for TANF only because they are:

    1. Families who would be eligible for the TANF program if they were allowed the following deductions from income:

      1. The earned income deductions authorized by OAR 461-160-0190.

      2. The $50 unearned income support deduction authorized by OAR 461-160-0200.

    2. Self employed families who would be eligible for TANF if the cost of producing the self employment income were subtracted from their gross sales or receipts in accordance with OAR 461-145-0920.

    3. Families that include an ineligible non citizen or the father of an unborn who would be eligible for TANF if the ineligible non citizen's or father's income is counted in accordance with OAR 461-160-0120.

    4. Persons who would be eligible for TANF if the assets of the following household members were not counted:

      1. An unmarried parent of a dependent child or unborn in the eligibility group.

      2. A child in common of parents in the eligibility group.

      3. The spouse and children of a caretaker relative in the need group.

    5. The spouse of a caretaker relative, but only if the spouse is the parent of a dependent child.

  4. Families who live in Klamath county, who meet any condition listed in subsections (a), (b), or (c), and are eligible for the Klamath Tribes TANF program or would be eligible for the Klamath Tribes TANF program if not for their failure to cooperate with program requirements are ineligible for TANF.

    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 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.

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

  5. If a parent or caretaker relative is a member of the Siletz Tribe (Confederated Tribes of Siletz Indians of Oregon) and the family lives in Benton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington or Yamhill county, the entire filing group is ineligible for TANF and MAA. The only exception is when the Siletz Tribes determines the group ineligible for its TANF program, based on eligibility factors other than failure to cooperate with Siletz TANF program requirements.

  6. If a parent or caretaker relative covered by section (4) or (5) of this rule fails to follow through with a Division referral to the Klamath or Siletz Tribal TANF program, the entire filing group is ineligible for TANF.
Stat. Auth.: ORS 411.060, 418.040 & 418.100
Stats. Implemented: ORS 411.060, 418.040 & 418.100

461-135-0070 Effective 04/01/99
Specific Requirements; TANF, MAA, and MAF

  1. To be eligible for the TANF, MAA or MAF programs, a client must be one of the following:

    1. A dependent child (see OAR 461-110-0110). However, dependent children for whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    2. Caretaker relatives (see OAR 461-120-0630) of an eligible dependent child. However, caretaker relatives to whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    3. Caretaker relatives of a dependent child, when the dependent child is ineligible because of one of the following:

      1. The child is receiving SSI.

      2. The child is in foster care, but is expected to return home within 30 days. Add these children to the benefit group when they return to the home.

      3. The child is disqualified from TANF for failure to comply with requirements of the JOBS program (see the rules in division 130 of this chapter of rules) or requirements related to mental health or drug and alcohol (see OAR 461-135-0085), except that a caretaker relative is not eligible for TANF if the case is in a level three disqualification (see OAR 461-130-0330(1)(a) and 461-135-0085(2)(a)(C)).

    4. An essential person. An essential person is a household group member not required to be in the filing group who:

      1. Provides a service necessary to the health or protection of a mentally or physically disabled benefit group member; and

      2. Including the person in the benefit group is less expensive than purchasing this service from another source.

    5. The parent(s) of an unborn, as follows:

      1. For TANF and MAA, 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 and MAA programs, the father of an unborn child, if there is another dependent child in the filing group.

      3. For MAA or MAF, a mother whose only child is an unborn.

  2. Clients described in this section are eligible for MAA or MAF even while ineligible for TANF if they are ineligible for TANF only because they are:

    1. Minor parents who are ineligible for TANF because they:

      1. Refuse to live with a parent or legal guardian as required by OAR 461-135-0080, or

      2. Exceed the income standards because the Division required the minor to return to live with a parent, if  the minor parent meets the conditions in OAR 461-135-0080(2).

    2. People who are assumed eligible under OAR 461-135-0010.

    3. Clients who are ineligible for TANF due to the 24‑month time limit in OAR 461-135-0075.

  3. Clients described in this section are eligible for MAF even while ineligible for TANF if they are ineligible for TANF only because they are:

    1. Families who would be eligible for the TANF program if they were allowed the following deductions from income:

      1. The earned income deductions authorized by OAR 461-160-0190.

      2. The $50 unearned income support deduction authorized by OAR 461-160-0200.

    2. Self-employed families who would be eligible for TANF if the cost of producing the self-employment income were subtracted from their gross sales or receipts in accordance with OAR 461-145-0920.

    3. Families that include an ineligible non‑citizen or the father of an unborn who would be eligible for TANF if the ineligible non‑citizen's or father's income is counted in accordance with OAR 461-160-0120.

    4. Persons who would be eligible for TANF if the assets of the following household members were not counted:

      1. An unmarried parent of a dependent child or unborn in the eligibility group.

      2. A child in common of parents in the eligibility group.

      3. The spouse and children of a caretaker relative in the need group.

    5. The spouse of a caretaker relative, but only if the spouse is the parent of a dependent child.

  4. Families who live in Klamath county, who meet any condition listed in subsections (a), (b), or (c), and are eligible for the Klamath Tribes TANF program or would be eligible for the Klamath Tribes TANF program if not for their failure to cooperate with program requirements are ineligible for TANF.

    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 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.

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

  5. If a parent or caretaker relative is a member of the Siletz Tribe (Confederated Tribes of Siletz Indians of Oregon) and the family lives in Benton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington or Yamhill county, the entire filing group is ineligible for TANF and MAA. The only exception is when the Siletz Tribes determines the group ineligible for its TANF program, based on eligibility factors other than failure to cooperate with Siletz TANF program requirements.

  6. If a parent or caretaker relative covered by section (4) or (5) of this rule fails to follow through with a Division referral to the Klamath or Siletz Tribal TANF program, the entire filing group is ineligible for TANF.

Stat. Auth.: ORS 411.060, 418.040 & 418.100
Stats. Implemented: ORS 411.060, 418.040 & 418.100


461-135-0070 (Temporary rule 1-1-99 through 3-31-99)
Specific Requirements; ADC-BAS, ADCM-BAS

  1. To be eligible for ADC-BAS or ADCM-BAS, a client must be one of the following:

    1. A dependent child. However, dependent children for whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    2. caretaker relatives of an eligible dependent child. However, caretaker relatives to whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    3. caretaker relatives of a dependent child, when the dependent child is ineligible because of one of the following:

      1. The child is receiving SSI.

      2. The child is in foster care, but is expected to return home within 30 days. Add these children to the benefit group when they return to the home.

      3. The child is disqualified from ADC-BAS for noncooperation with JOBS per OAR 461-130-0260 or mental health/substance abuse requirements per OAR 461-135-0085. This applies only if the case is not in a level three Oregon Option disqualification.

    4. An essential person. An essential person is a household group member not required to be in the filing group who:

      1. Provides a service necessary to the health or protection of a mentally or physically disabled benefit group member; and

      2. Including the person in the benefit group is less expensive than purchasing this service from another source.

    5. The parent(s) of an unborn, as follows:

      1. For ADC-BAS, both parents whose only child is an unborn.

      2. For ADCM-BAS, a mother whose only child is an unborn.

      3. The mother's pregnancy must have reached the calendar month before the month in which the due date falls. The due date must be determined and verified by a medical practitioner.

      4. Additionally for ADC-BAS, the father of an unborn, if there is another dependent child in the filing group, even when the mother's pregnancy has not reached the calendar month before the month in which the due date falls.

  2. Clients can be eligible for ADCM-BAS even while ineligible for ADC-BAS if they are one of the following and remain otherwise eligible for ADC:

    1. A minor parent who loses ADC-BAS eligibility because they:

      1. Refuse to live with a parent or other adult relative; or

      2. Go over income due to deeming when AFS requires her to return to live with a parent and the minor parent meets the conditions in OAR 461-135-0080(2).

    2. People assumed eligible per OAR 461-135-0010.

    3. Clients who lose ADC eligibility due to the 24-month time limit per OAR 461-135-0075.

    4. Families who would be eligible for ADC-BAS if they were allowed the following:

      1. The $30 and 1/3 earned income deduction per OAR 461-160-0190.

      2. The dependent care deduction per OAR 461-160-0190.

      3. The $50 unearned income support deduction per OAR 461-160-0200.

    5. Self-employed families who would be eligible for ADC-BAS if the cost of producing the self-employment income were subtracted from their gross sales or receipts per OAR 461-145-0920.

    6. Families that include an ineligible non-citizen or the father of an unborn who would be eligible for ADC-BAS if the ineligible non-citizen's or father's income were deemed per OAR 461-160-0120.

    7. Persons who would be eligible for ADC-BAS if the assets of the following household members were not counted:

      1. An unmarried parent.

      2. A child in common.

      3. The spouse and children of a needy caretaker relative.

    8. The spouse of a caretaker relative, but only if the spouse is the parent of a dependent child. Otherwise, only one caretaker relative can be included in the filing group.

  3. Families who live in Klamath county, who meet any condition listed in subsections (a), (b), or (c), and are eligible for the Klamath Tribes TANF program or would be eligible for the Klamath Tribes TANF program if not for their failure to cooperate with program requirements are ineligible for TANF and MAA, or MAF.

    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 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.

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

  4. When a parent or caretaker relative is a member of the Siletz Tribe (Confederated Tribes of Siletz Indians of Oregon) and the family lives in Benton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington or Yamhill county, the entire filing group is ineligible for ADC-BAS and ADCM-BAS. The only exception is when the Siletz Tribes determines the group ineligible for its TANF program, based on eligibility factors other than failure to cooperate with Siletz TANF program requirements.

  5. When the parent or caretaker relative, per sections (3) and (4) above, fails to cooperate with an AFS referral to the Klamath or Siletz Tribal TANF program, the entire filing group is ineligible for ADC-BAS and ADCM-BAS.

Specific Requirements; ADC-BAS, ADCM-BAS
Rule: 461-135-070

  1. To be eligible for ADC-BAS or ADCM-BAS, a client must be one of the following:

    1. A dependent child. However, dependent children for whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    2. caretaker relatives of an eligible dependent child. However, caretaker relatives to whom foster care payments are made for more than 30 days are not eligible while the payments are being made for them.

    3. caretaker relatives of a dependent child, when the dependent child is ineligible because of one of the following:

      1. The child is receiving SSI.

      2. The child is in foster care, but is expected to return home within 30 days. Add these children to the benefit group when they return to the home.

      3. The child is disqualified from ADC-BAS for noncooperation with JOBS per rule 461-130-260 or mental health/substance abuse requirements per rule 461-135-085. This applies only if the case is not in a level three Oregon Option disqualification.

    4. An essential person. An essential person is a household group member not required to be in the filing group who:

      1. Provides a service necessary to the health or protection of a mentally or physically disabled benefit group member; AND

      2. Including the person in the benefit group is less expensive than purchasing this service from another source.

    5. The parent(s) of an unborn, as follows:

      1. For ADC-BAS, both parents whose only child is an unborn.

      2. For ADCM-BAS, a mother whose only child is an unborn.

      3. The mother's pregnancy must have reached the calendar month before the month in which the due date falls. The due date must be determined and verified by a medical practitioner.

      4. Additionally for ADC-BAS, the father of an unborn, if there is another dependent child in the filing group, even when the mother's pregnancy has not reached the calendar month before the month in which the due date falls.

  2. Clients can be eligible for ADCM-BAS even while ineligible for ADC-BAS if they are one of the following and remain otherwise eligible for ADC:

    1. A minor parent who loses ADC-BAS eligibility because they:

      1. Refuse to live with a parent or other adult relative; OR

      2. Go over income due to deeming when AFS requires her to return to live with a parent and the minor parent meets the conditions in rule 461-135-080(2).

    2. People assumed eligible per rule 461-135-010.

    3. Clients who lose ADC eligibility due to the 24-month time limit per rule 461-135-075.

    4. Families who would be eligible for ADC-BAS if they were allowed the following:

      1. The $30 and 1/3 earned income deduction per rule 461-160-190.

      2. The dependent care deduction per rule 461-160-190.

      3. The $50 unearned income support deduction per rule 461-160-200.

    5. Self-employed families who would be eligible for ADC-BAS if the cost of producing the self-employment income were subtracted from their gross sales or receipts per rule 461-145-920.

    6. Families that include an ineligible non-citizen or the father of an unborn who would be eligible for ADC-BAS if the ineligible non-citizen's or father's income were deemed per rule 461-160-120.

    7. Persons who would be eligible for ADC-BAS if the assets of the following household members were not counted:

      1. An unmarried parent.

      2. A child in common.

      3. The spouse and children of a needy caretaker relative.

    8. The spouse of a caretaker relative, but only if the spouse is the parent of a dependent child. Otherwise, only one caretaker relative can be included in the filing group.

  3. When a parent or caretaker relative is a Klamath Tribes member and the family lives in Klamath county, the entire filing group is ineligible for ADC-BAS and ADCM-BAS unless one of the following applies:

    1. The Klamath Tribes determine the filing group ineligible for its TANF program. Ineligibility cannot be due to the group's failure to cooperate with the Klamath Tribes TANF program requirements.

    2. The PWE is not a member of the Klamath Tribes, the second parent is a Klamath Tribes member and the following apply:

      1. The filing group chooses not to apply for Klamath Tribes TANF services; AND

      2. The two parents have not previously received Klamath Tribes benefits or services together.

  4. When a parent or caretaker relative is a member of the Siletz Tribe (Confederated Tribes of Siletz Indians of Oregon) and the family lives in Benton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington or Yamhill county, the entire filing group is ineligible for ADC-BAS and ADCM-BAS. The only exception is when the Siletz Tribes determines the group ineligible for its TANF program, based on eligibility factors other than failure to cooperate with Siletz TANF program requirements.

  5. When the parent or caretaker relative, per sections (3) and (4) above, fails to cooperate with an AFS referral to the Klamath or Siletz Tribal TANF program, the entire filing group is ineligible for ADC-BAS and ADCM-BAS.