justicedao/ipfs_state_laws huggingface dataset:
461-160-0590 Assessment of Resources; Community Spouse Provision In the OSIP and OSIPM programs, this rule applies to an institutionalized spouse who began a continuous period of care on or after October 1, 1989. (1) The Department assesses a couple's combined countable (see OAR 461-001-0000) resources at the beginning of each continuous period of care when requested by either spouse or by a representative acting on behalf of either spouse (see OAR 461-001-0000). (2) The Department advises requesting parties of the verification needed to make the assessment. Verification of ownership interest and current value of resources must be provided. When verification is not provided within specified time frames, the Department advises requesting parties that an assessment may not be completed. (3) Either spouse has a right to a contested case hearing: (a) To contest the Department’s determination of the couple’s countable resources at the time of resource assessment. (b) To contest the Department’s method of computing the community spouse’s resource allowance. (c) To contest the Department’s determination of the amount of the community spouse’s resource allowance. (4) In order to be timely, a hearing request completed about issues under section (3) of this rule must meet the requirements of OAR 461-025-0310. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685 Statutes/Other Implemented: ORS 183.415, 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 413.085 & 414.685 History: SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-160-0600 Availability of Income; Couple with an Institutionalized Spouse This rule applies to an OSIP or OSIPM institutionalized spouse who began a continuous period of care on or after October 1, 1989. (1) Do not deem any of the community spouse's income available to the institutionalized spouse at any time during the institutionalized spouse's continuous period of care. (2) Determine the ownership of income from property that belongs to the institutionalized or community spouse as follows, unless legal documents specifically provide otherwise: (a) If the payment is made solely to the institutionalized spouse or the community spouse, the income is available only to that spouse. (b) If the payment is made to both the institutionalized and the community spouse, one-half of the income is available to each. (c) If the payment is made to one spouse and another person, or to both spouses and another person, the income available to each spouse is whatever their share of the income is. If the payment is made to both spouses and another person, and it is not clear what each spouse's share of the income is, each spouse's share will be one-half of the couple's portion of the payment. (d) If the institutionalized spouse can prove that the ownership of income is other than provided above, allow that amount. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 16-2003, f. & cert. ef. 7-1-03 AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-160-0630 Deduction for Maintaining a Home; Nursing Facility Care Client Retroactively effective July 6, 2020, in the OSIP and OSIPM programs: (1) A single individual in a nursing facility is eligible for a home maintenance deduction for up to six months if all of the following are true: (a) The individual would not be able to afford to keep the home or rental property without the deduction. (b) A physician has documented that the individual is likely to return home within six months. (c) The Department determines that maintaining the home is consistent with the individual’s care needs. (2) The amount of the deduction is the total of the individual’s housing cost, including taxes and homeowners insurance, plus the limited standard utility allowance for the SNAP program provided in OAR 461-160-0420. Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 413.085 & 414.685 Statutes/Other Implemented: ORS 409.010, 411.060 & 411.404 History: SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020 SSP 13-2019, minor correction filed 04/30/2019, effective 04/30/2019 SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019 SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018 SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17 SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14 AFS 10-2002, f. & cert. ef. 7-1-02 AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-160-0780 Determining Adjusted Income; OSIP-EPD and OSIPM-EPD Adjusted income for OSIP-EPD and OSIPM-EPD is determined as follows: (1) All unearned income is excluded. (2) Starting with countable (see OAR 461-001-0000) earned income, one standard income deduction of $20 is subtracted. (3) One standard earned income deduction of $65 is then subtracted. (4) The remainder is divided by two. (5) Any costs allowed as employment and independence expenses, Impairment Related Work Expenses , or Blind Work Expenses as defined in OAR 461-001-0035 are deducted. (6) The remainder is adjusted income. Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.706, 413.085 & 414.685 Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685 History: SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018 SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17 SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07 AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00 AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99 AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
461-160-0800 Determining Participant Fee; OSIP-EPD, OSIPM-EPD (Including In-Home Services) (1) Individuals who receive OSIP-EPD and OSIPM-EPD program benefits will have a participant fee (see OAR 461-001-0035). (a) For individuals in a standard living arrangement (see OAR 461-001-0000), the participant fee is the amount calculated under section (2) of this rule. (b) For individuals in a nonstandard living arrangement (see OAR 461-001-0000), the participant fee is the amount calculated under section (2) of this rule or the patient liability as discussed in OAR 461-160-0620, whichever is less. (2) The participant fee is calculated using the Federal Poverty Level (FPL) (see OAR 461-155-0290) and the individual's total countable (see OAR 461-001-0000) income as follows: (a) For individuals with countable income less than 75 percent of the FPL, the participant fee is $0. (b) For individuals with countable income equal to or greater than 75 percent but less than 100 percent of the FPL, the participant fee is $50 per month. (c) For individuals with countable income equal to or greater than 100 percent but less than 250 percent of the FPL, the participant fee is $100 per month. (d) For individuals with countable income equal to or greater than 250 percent of the FPL, the participant fee is $150 per month. (3) The participant fee must be paid each month as a condition of eligibility for as long as the individual is receiving OSIP-EPD or OSIPM-EPD. (4) OSIP-EPD and OSIPM-EPD individuals in a licensed community-based care facility must pay room and board costs in addition to their participant fees. (5) The local office may waive unpaid participant fees if the individual provides verification (OAR 461-115-0610) of significant economic difficulty, such as, but not limited to, homelessness, divorce, domestic violence (see OAR 461-001-0000), or illness. Statutory/Other Authority: ORS 411.060, 411.070 & 414.042 Statutes/Other Implemented: ORS 411.060, 411.070 & 414.042 History: SSP 67-2021, minor correction filed 12/14/2021, effective 12/14/2021 SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020 SSP 17-2011, f. & cert. ef. 7-1-11 SSP 17-2008, f. & cert. ef. 7-1-08 SSP 6-2008(Temp), f. 2-29-08, cert. ef. 3-1-08 thru 8-28-08 AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00 AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99 AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
461-160-0855 Excluded Resources for Payments Received Under a Qualified Partnership Policy; OSIPM In the OSIPM program: (1) When an individual in a non-standard living arrangement (see OAR 461-001-0000) applies for medical benefits, the Department excludes as a resource an amount equal to the insurance payments received under a Qualified Partnership Policy (see OAR 461-001-0000) as of the initial month (see OAR 461-001-0000) of eligibility, unless the Qualified Partnership Policy was purchased in a state that has elected not to participate in reciprocity. (2) The exclusion in section (1) of this rule is subject to all of the following: (a) It does not apply when home equity exceeds the limit in OAR 461-145-0220(2)(a). (b) It applies to all other resources (not covered by subsection (a) of this section), notwithstanding other rules in this chapter of rules that designate the resources as countable (see OAR 461-001-0000). (3) For the amount of resources excluded under this rule, the Department will not establish a claim against the estate of the deceased individual in accordance with OAR 461-135-0835. Statutory/Other Authority: ORS 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.708, 414.025, ORS 409.050, 413.085 & 414.685 Statutes/Other Implemented: 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.708, 414.025 & ORS 409.010 History: SSP 15-2019, amend filed 06/11/2019, effective 07/01/2019 SSP 10-2019, temporary amend filed 04/01/2019, effective 04/01/2019 through 06/30/2019 SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019 SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018 SSP 32-2010, f. & cert. ef. 10-1-10 SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
461-165-0045 Emergency Payee; TANF (1) An emergency payee for ongoing TANF may be used when the dependent children are abandoned by the caretaker relative for reasons such as the caretaker relative's death or whereabouts unknown. (2) An emergency payee may be used for up to two payment months. (3) An emergency payee does not have to be related to the dependent child. (4) An emergency payee may not be used for initial payments. (5) The emergency payee may be included in the benefit group if all the following are true: (a) They meet all eligibility requirements except relationship and cooperation with JOBS. (b) Their income and resources are counted. (c) There is no other caretaker relative in the benefit group. Statutory/Other Authority: ORS 411.060, 411.070, 411.081, 411.085, 412.006, 412.014 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 411.081, 411.085, 412.006, 412.014 & 412.049 History: SSP 40-2016, f. & cert. ef. 11-1-16 AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-165-0050 Dual Payee; When to Use (1) For OSIP, REF, and TANF, use a dual-payee check for protective payments if the benefit group has shown they are not able to properly manage benefits meant to meet their needs. Issue the dual-payee check in both the name of the client and the name of the service provider. (2) Issue EA checks for shelter, moving costs, property taxes, and home repairs as dual-payee revolving fund checks. The supervisor or branch manager must authorize an exception to this policy in advance. (3) To make sure a JOBS or OFSET payment is used to meet a specific need, the branch office may write a dual-payee revolving fund check in the name of both the client and the vendor. Statutory/Other Authority: ORS 411.060, 411.070, 411.706, 411.816, 412.006, 412.014 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 411.706, 411.816, 412.006, 412.014 & 412.049 History: SSP 31-2016, f. & cert. ef. 9-1-16 SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-165-0060 Minimum Benefit Amount; REF, SNAP, TANF (1) In the Supplemental Nutrition Assistance Program (SNAP): (a) A benefit group (see OAR 461-110-0750) is not eligible for benefits in the initial month (see OAR 461-001-0000) if the allotment is less than $10. (b) Except as provided otherwise in section (1) of this rule and in OAR 461-160-0070, minimum benefits are determined as follows: (A) An eligible benefit group of one or two persons receives a minimum monthly allotment of $24 for an ongoing month (see OAR 461-001-0000) and a proration of $24 when OAR 461-160-0070 applies. The minimum monthly allotment is a calculation of eight percent of the Thrifty Food Plan (TFP) (see OAR 461-155-0190), rounded to the nearest whole dollar, for one person as determined annually by Food and Nutrition Service (FNS). (B) An eligible benefit group of three or more persons receives the monthly calculated benefit, except that a group whose calculated benefit is $1, $3, or $5 receives instead an allotment of $2, $4, or $6 respectively. A benefit group in a categorically eligible filing group may be eligible for zero benefits ($0) for the certification period (see OAR 461-001-0000). (2) In the Refugee Assistance (REF) and Temporary Assistance for Needy Families (TANF) programs, except as provided in section (3) of this rule, benefits are not issued if the monthly benefit is less than $10. Individuals who do not receive a cash payment because the monthly benefit is less than $10 may be eligible for medical benefits. (3) The $10 requirement in section (2) of this rule does not apply to any of the following: (a) Special payments, such as one-time special needs, emergency assistance, supplements, or a benefit reduced from $10 or more to under $10 due to the recovery of an overpayment. (b) Dual payee payments made in money management cases if the monthly benefit amount is $10 or more. (c) Wage supplements issued to Job Opportunity and Basic Skills (JOBS) Plus participants. Statutory/Other Authority: ORS 411.060, 411.816 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.816 & 412.049 History: SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025 SSP 54-2024, amend filed 09/27/2024, effective 10/01/2024 SSP 48-2022, amend filed 09/27/2022, effective 10/01/2022 SSP 49-2021, amend filed 09/23/2021, effective 10/01/2021 SSP 20-2019, amend filed 09/19/2019, effective 10/01/2019 SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13 SSP 32-2010, f. & cert. ef. 10-1-10 SSP 13-2009, f. & cert. ef. 7-1-09 SSP 6-2009(Temp), f. & cert. ef. 4-1-09 thru 9-28-09 SSP 5-2009, f. & cert. ef. 4-1-09 SSP 24-2008(Temp), f. & cert. ef. 11-6-08 thru 5-5-09 SSP 23-2008, f. & cert. ef. 10-1-08 SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07 SSP 22-2004, f. & cert. ef. 10-1-04 SSP 19-2004(Temp), f. 7-30-04, cert. ef. 8-1-04 thru 9-30-04 AFS 13-2002, f. & cert. ef. 10-1-02 AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97 AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94 AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-165-0070 Immediate Issuance of Benefits Clients whose cases are new, reopened or restored are eligible for immediate issuance of benefits if the standard procedure for issuing benefits would not meet an emergent need of the client, as provided in this rule. (1) A client with an emergent need is entitled to immediate cash benefits. (2) A client eligible for expedited SNAP service (see OAR 461-135-0575) is entitled to receive the benefits within seven calendar days after filing an application. Statutory/Other Authority: ORS 411.060, 411.816 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.816 & 412.049 History: SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14 AFS 5-2002, f. & cert. ef. 4-1-02 AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01 AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97 AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-165-0080 Method for Delivery of Benefits (1) Benefits are delivered several ways, depending on the program and client situation. Send all mailed benefits to the client's residential address. A rural route box number is acceptable as a residential address. (2) Make either of the following exceptions on a case-by-case basis if directions to the home are included in the case record: (a) A post office box number can be used if any of the following is true: (A) There is no mail service to the client's home. (B) The client lives in a nonstandard living arrangement. (C) There have been verified cases of benefits being stolen from home mailboxes in the client's neighborhood. (b) Use General Delivery only if it is the client's sole means of mail receipt. (3) Give immediate-issue benefits to the client in the branch office or check-cashing facility if benefits cannot otherwise be issued within the program requirement for immediate need. (4) For OSIPM-ICP, benefits are issued only by direct deposit into a bank account designated by client. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 418.047 History: SSP 14-2021, minor correction filed 02/18/2021, effective 02/18/2021 AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01 AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-165-0082 SNAP Cash-Out SNAP households in Clackamas, Columbia, Multnomah, and Washington counties receive SNAP benefits in cash if all persons in the filing group are 65 years of age or older or are eligible to receive SSI benefits under Title XVI of the Social Security Act. Statutory/Other Authority: ORS 411.816 Statutes/Other Implemented: ORS 411.816 History: SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
461-165-0096 Access Fee for EBT-Issued Benefits Clients accessing their EBT cash account are charged 85¢, plus any applicable bank charges, for each cash-withdrawal transaction at an automated teller machine (ATM). The first two point-of-sale (POS) cash-withdrawals (without purchase) each month are free. For the third and all subsequent POS cash-back transactions, the client’s EBT account is charged 85¢. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 418.047 History: AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97
461-165-0100 Issuance Date of Benefit (1) For all programs except the Emergency Assistance (EA) program and the Supplemental Nutrition Assistance Program (SNAP): (a) An authorized cash payment check is dated on the first day of the payment period or as soon as practicable thereafter. (b) Checks are mailed so they can be delivered to the individual on the first day of each month except in the following cases: (A) Initial month benefits for cases that are new, reopened, or restored. (B) If the first day of the month falls on Sunday or a holiday, the check is mailed in time for the individual to receive it on Saturday or the mail day preceding the holiday. (C) Checks redirected to the branch office may be released during the last workday preceding a weekend or holiday. (c) Benefits issued by electronic benefit transfer (EBT) will be available on the first day of each month, except for the following: (A) Initial month benefits for cases that are new, reopened, or restored. (B) Benefits held by the branch office. (2) Individuals receiving EA must receive their checks, either direct or vendor, in time to meet their emergent needs. (3) SNAP benefits are available as follows: (a) SNAP benefits issued by EBT are available in the EBT account on the day of the month corresponding to the last digit of the Head of Household's (see OAR 461-001-0015) Social Security number (SSN) or the first of the month if the individual does not have a SSN, except for the following: (A) The benefits for the initial month of eligibility for a new or re-opened case. (B) The benefits for the seventh month of the certification period for a case in the semi-annual reporting system. (b) SNAP benefits issued through the SNAP cash-out are available as follows: (A) Benefits accessed through an EBT account are available on the first day of the month. (B) Checks are mailed on the first day of the month. (C) Direct-deposit funds are available on the third working day of the month. (4) For SNAP changes that could not be made in time to adjust the monthly allotment, a supplement is issued within 10 days of the date the change was reported. Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.704, 411.706, 411.816, 412.014 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.704, 411.706, 411.816, 412.014 & 412.049 History: SSP 29-2024, amend filed 03/26/2024, effective 04/01/2024 SSP 26-2013, f. & cert. ef. 10-1-13 SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13 SSP 32-2010, f. & cert. ef. 10-1-10 SSP 18-2010, f. & cert. ef. 7-1-10 SSP 5-2010, f. & cert. ef. 4-1-10 SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05 SSP 22-2004, f. & cert. ef. 10-1-04 AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97 AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97 AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95 AFS 6-1994, f. & cert. ef. 4-1-94 AFS 16-1993, f. & cert. ef. 9-1-93 AFS 25-1991, f. 12-30-91, cert. ef. 1-1-92 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-165-0105 Exception to Staggered Issuance; SNAP The second month’s allotment of SNAP benefits is not subject to staggered issuance if the filing group applies after the 15th of the month and the application is not for a redetermination of eligibility. Once eligibility for SNAP benefits is established for these groups, benefits are issued as follows: (1) If the case is opened on SNAPMIS by the last day of the initial month of eligibility, the computer will prorate benefits for the initial month and will automatically issue benefits for the second month on the first of that month; or (2) If the case is opened after the initial month of eligibility, the computer will prorate benefits for the initial month and will automatically issue benefits for the second month on the same day. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 418.047 History: AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97 AFS 41-1995, f. 12-26-95, cert. ef. 1-1-96 AFS 16-1993, f. & cert. ef. 9-1-93 AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-165-0110 Alternatives to Direct Money Payment In the GA, OSIP, REF and TANF programs, the Department may use protective payments to ensure that the benefits are used to meet the client’s basic needs. A protective payment is the payment by check of some or all of a client’s grant to an authorized representative or creditor of the client. In the REF and TANF programs, protective payments may be made whenever a client demonstrates such an inability to manage funds that the Department determines the benefits are not being used in the client’s best interest. Protective payments are appropriate particularly if mismanagement of funds caused by repeated interruptions of the client’s grant poses a threat to the health or safety of children in the household. Statutory/Other Authority: ORS 411.060, 411.070, 411.706, 411.816 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 411.706, 411.816 & 412.049 History: AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01 AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90