reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0193 - Support Services Payments; Child Care

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Child care
support
			 services
(see OAR
			 461-001-0025) payments allowed
			 under the authority of OAR
			 461-190-0211 are limited to the
			 care of children who are not eligible for the ERDC program under categorical
			 eligibility (see OAR 414-175-0025) for the sole
			 reason that they do not meet the citizenship or noncitizen status
			 requirements.
(2) The allowed
			 weekly hours of child care are the weekly hours allowed for a need group
			 receiving ERDC benefits under categorical eligibility (see OAR
			 414-175-0025) as provided under
			 OAR 414-175-0023.
(3) Providers receiving direct payment for
			 child care
support services
-
(a) Must be an eligible child care provider,
			 as determined by division 175 of Oregon Administrative Rule chapter
			 414.
(b) Are paid in the same
			 manner and at the same rate as child care providers for the ERDC program under
			 division 175 of Oregon Administrative Rule Chapter 414.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0300

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  411.060
Statutes/Other Implemented: ORS
				  409.610,
				  411.060 &
				  411.122
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0400 - Use of Income to Determine Eligibility and Benefits; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
In the SNAP program, the
countable income
(see
				OAR 461-140-0010) and
adjusted income
(see OAR
				461-001-0000) of the
financial group
(see OAR
				461-110-0530) are used to
				determine eligibility for SNAP benefits and the benefit level in three
				steps:
(1) Step one: The
countable income
of the
financial group
is
			 compared to the need group's
countable income
limit in OAR
			 461-155-0190. If the income
			 equals or exceeds the limit, the
need group
(see OAR
			 461-110-0630) is ineligible for
			 SNAP benefits. A
financial group
that is
categorically
			 eligible
(see OAR
			 461-135-0505) for SNAP benefits
			 or that includes a client who is
elderly
(see OAR
			 461-001-0015) or has a
disability
(see OAR
			 461-001-0015) need not pass this
			 step.
(2) Step two: If the
need group
is not ineligible under step one, the
adjusted income
of the
financial group
is
			 compared to the need group's
adjusted income
limit (see OAR
			 461-155-0190). If the income
			 equals or exceeds the limit, the
filing group
-- except one
			 that is
categorically eligible
for SNAP benefits -- is
			 ineligible for SNAP benefits. If the
adjusted income
is less
			 than the limit, the
need group
meets the income standard for
			 the SNAP program.
(3) Step three:
			 The benefit level for an eligible
benefit group
(see OAR
			 461-110-0750) is determined as
			 follows ---
adjusted income
is multiplied by 30 percent, and
			 the product is rounded to the next higher dollar. The result is subtracted from
			 the benefit group's payment standard (see OAR
			 461-155-0190). The remainder is
			 the benefit amount.
Statutory/Other Authority: ORS
				  409.050 &
				  411.816
Statutes/Other Implemented: ORS
				  409.010,
				  411.816,
				  7 CFR 273.1
				  &
				  7 CFR
				  273.10
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0410 - Use of Income and Income Deductions When There Are Ineligible or Disqualified Group Members; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
When a member of the filing group (see OAR
				461-110-0310 and
				461-110-0370) is not in the
need group
(see OAR
				461-110-0630), benefits in the
				SNAP program are calculated as follows:
(1) The process described in sections (2) and
			 (3) of this rule is used if the member is any of the following:
(a) A noncitizen but not a
qualified
			 noncitizen
(see OAR
			 461-120-0125);
(b) A
qualified noncitizen
who does not meet the noncitizen status requirements;
(c) Disqualified for failing to obtain or
			 provide a Social Security Number;
(d) Unwilling to disclose noncitizen status;
			 or
(e) An ABAWD (see OAR
			 461-135-0520) who is ineligible
			 because of the SNAP time limit in OAR
			 461-135-0520.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0415 - Medical Deduction; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule explains how to calculate the deduction for medical costs in the SNAP
			 program allowed under OAR
			 461-160-0055 when incurred by an
elderly
(see
			 461-001-0015) member of the
filing group
(see
			 461-110-0370) or by a
filing group
member with a
disability
(see
			 461-001-0015).
(2) For each
certification
			 period
(see OAR
			 461-001-0000), the Department
			 estimates the amount of the client's medical deduction and apportions the
			 amount evenly among the months in the
certification period
.
			 For medical costs payable during the month of certification, the client may
			 choose to deduct each cost in the month of certification or to average the cost
			 over the
certification period
.
(3) For medical costs that were not
			 anticipated when the deduction was estimated but are incurred and reported to
			 the Department during the
certification period
, the client may
			 choose to deduct each cost:
(a) In the month
			 after the cost is reported; or
(b)
			 By averaging the cost over the period from the month after the cost was
			 reported to the end of the
certification period
.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0420 - Shelter Cost; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule explains how to calculate the shelter cost. The shelter cost is used to
			 determine the shelter deduction (see OAR
			 461-160-0430). The shelter cost
			 is the sum of the filing group's cost of housing plus an allowance for
			 utilities, if the individual incurs a utility cost. The shelter deduction is
			 calculated considering the shelter cost and may be subject to a limitation
			 described in OAR 461-160-0430.
(2) Cost of housing.
(a) The following comprise the cost of
			 housing if they are incurred with respect to the filing group's current
			 residence or the home described in section (5) of this rule:
(A) Regular, periodic charges for the shelter
			 of the
filing group
(see OAR
			 461-110-0370), such as rent,
			 mortgage payments, and condominium or association fees. Late fees charged
			 because a mortgage or rent payment was made late are not deductible.
(B) Property taxes, state and local
			 assessments, and property insurance on the structure.
(C) Costs for repairing a home substantially
			 damaged or destroyed by a natural disaster (such as a fire or flood), if such
			 costs are not reimbursed.
(D) If a
filing group
is experiencing homelessness and their living
			 circumstances meet the definition of homeless under OAR
			 461-001-0015, the following are
			 allowable costs:
(i) Working in exchange for
			 housing costs; or
(ii) If living in
			 a vehicle, vehicle payments and collision and comprehensive insurance
			 premiums.
(E) For
filing group
members required to pay room and board in a
nonstandard living arrangement
(see OAR
			 461-001-0000), the shelter cost
			 is the cost of room and board, minus the payment standard for the
benefit group;
or the actual room cost if the individual can
			 prove that the room cost exceeds the room and board minus the payment
			 standard.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0430 - Income Deductions; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
In the SNAP program:
(1) Deductions from income are subtracted
			 from
countable
(see OAR
			 461-001-0000) income (see OAR
			 461-140-0010) in the following
			 order to determine
adjusted income
(see OAR
			 461-001-0000) for the SNAP
			 program:
(a) An earned income deduction as
			 follows:
(A) An earned income deduction of 20
			 percent of
countable
earned income. Multiply the total
countable
earned income by 20 percent and subtract that amount
			 from the
countable
income. The 20 percent deduction is not
			 taken from the wages funded by grant diversions such as Work Supplementation
			 wages.
(B) Effective January 19,
			 2023, an earned income deduction of 20 percent of the earned income excluded
			 due to payment of court ordered child support (see OAR 461-140-0265). For
			 individuals who qualify for this exclusion, multiply the excluded earned income
			 used to pay child support by 20 percent and deduct that amount from the
countable
income.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0500 - Use of Income to Determine Benefits; GA

Current through Register Vol. 63, No. 7, July 1, 2024
In the GA program, the
countable income
(see
				section (1) of this rule) and
adjusted income
(see section
				(3) of this rule) of an individual or couple are used to determine benefit
				amount as follows:
(1) For purposes of
			 this rule, "countable income" is calculated using OSIPM countable income
			 methodology except that
(a)
In-kind
			 income
(see OAR
			 461-001-0000) is
			 excluded.
(b)
Shelter-in-kind
(see OAR
			 461-001-0000) in the form of
			 housing or utility assistance provided by community partners or other
			 nongovernmental agencies is
countable
(see OAR
			 461-001-0000) in the amount paid
			 to the individual or to a third party for shelter expenses.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0540 - Determining Income Eligibility; QMB and OSIPM (except OSIPM-EPD) Living in the Community or Residing in a 24-Hour Mental Health Residential Care Setting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule is
			 used to determine income eligibility for the OSIPM (except OSIPM-EPD) and QMB
			 programs for individuals who---
(a) Live in
			 the community or a 24-hour mental health residential care setting;
(b) Do not receive SSI; and
(c) Do not receive
home and
			 community-based care
(see OAR
			 461-001-0030).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0550 - Income Deductions; Non-SSI OSIP (except OSIP-EPD) and OSIPM (except OSIPM-EPD) in the Community When There Are No Children in the Household Group

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule:
(a) "Ineligible child" means an
			 individual who is:
(A) Unmarried;
(B) Living with a natural or adoptive
			 parent;
(C) Not considered a
			 decision-maker in the household;
(D) Not eligible to receive SSI or TANF
			 benefits, and
(E) Either under the
			 age of 18; or under the age of 22 and attending full-time secondary,
			 postsecondary, or vocational-technical training designed to prepare the
			 individual for employment.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0551 - Income Deductions; Non-SSI OSIP (except OSIP-EPD) and OSIPM (except OSIPM-EPD) in the Community When There Are Children in the Household Group

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule:
(a) "Ineligible child" means an
			 individual who is:
(A) Unmarried;
(B) Living with a natural or adoptive
			 parent;
(C) Not considered a
			 decision-maker in the household;
(D) Not eligible to receive SSI or TANF
			 benefits; and
(E) Either under the
			 age of 18; or under the age of 22 and attending full-time secondary,
			 postsecondary, or vocational-technical training designed to prepare the
			 individual for employment.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0552 - Income Deductions; Qualified Medicare Beneficiaries Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule is
			 used to determine
adjusted income
(see OAR
			 461-001-0000) for the Qualified
			 Medicare Beneficiaries programs: QMB-BAS and QMB-SMB (including SMF)
			 programs.
(2) To determine
adjusted income
, deductions from the
countable
(see OAR
			 461-001-0000) income of the
financial group
(see OAR
			 461-110-0530) are made in the
			 following order:
(a) All child support paid
			 by a non-applying
spouse
(see OAR
			 461-001-0000) to any individual
			 who does not live in the household.
(b) One standard deduction of $20 from
			 unearned income.
(A) This deduction may be
			 taken from earned income if the
financial group
has less than
			 $20 in unearned income.
(B) This
			 deduction does not apply to in-kind support and maintenance.
(C) This deduction does not apply to a
			 benefit based on need that is totally or partially funded by the federal
			 government or by a nongovernmental agency.
(c) One standard earned income deduction of
			 $65.
(d) An income deduction for
			 documented
Impairment-Related Work Expenses
(see OAR
			 461-001-0000).
(e) One half of the remaining earned
			 income.
(f) An income deduction for
			 documented
Blind Work Expenses
(see OAR
			 461-001-0000).
(g) Any earned income used to fulfill a plan
			 for self-support approved by the Social Security Administration.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0570 - Excluded Resource; Community Spouse Provision Before 10/1/89

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.404 &
				  411.706
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.083,
				  411.404,
				  411.704 &
				  411.706
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0580 - Excluded Resource; Community Spouse Provision (OSIPM except OSIPM-EPD)

Current through Register Vol. 63, No. 7, July 1, 2024
In the OSIPM (except OSIPM-EPD) program:
(1) This rule applies to an
institutionalized spouse
(see OAR
			 461-001-0030) who has applied
			 for benefits because the individual is in or will be in a
continuous
			 period of care
(see OAR
			 461-001-0030).
(2) Whether a
legally
			 married
(see OAR
			 461-001-0000) couple lives
			 together or not, the determination of whether the value of the couple's
			 resources exceeds the eligibility limit for the
institutionalized
			 spouse
for the OSIPM program is made as follows:
(a) The first step is the determination of
			 what the couple's combined
countable
(see OAR
			 461-001-0000) resources were at
			 the beginning of the most recent
continuous period of care
.
			 (The beginning of the
continuous period of care
is the first
			 month of that continuous period.)
(A) Division
			 461-140 and 461-145 rules applicable to OSIPM describe which of the couple's
			 resources are
countable
resources, and are applicable to
			 determine whether a community spouse's resources are
countable
, even if the rule only applies to OSIPM
			 individuals.
(B) The
countable
resources of both spouses are combined.
(C) At this point in the computation, the
			 couple's combined
countable
resources are considered available
			 equally to both spouses.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0590 - Assessment of Resources; Community Spouse Provision

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0600 - Availability of Income; Couple with an Institutionalized Spouse

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0610 - Patient Liability; OSIPM (except OSIPM-EPD)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual in the OSIPM (except
			 OSIPM-EPD) program who receives
long-term care
(see OAR
			 461-001-0000) services must, in
			 order to remain eligible, make the payment required by this rule, except as
			 provided in sections (2) to (7) of this rule. Individuals must apply their
			 adjusted income to the cost of the care or service in the amount, if any,
			 determined by the Department. This amount is the patient liability. If the
			 individual's adjusted income exceeds the cost of care or service, the
			 individual must pay the full cost of care but has no additional
			 liability.
(2) An individual who
			 receives Supplemental Security Income (SSI), or is deemed to receive SSI under
			 section 1619(b) of the Social Security Act (42
			 U.S.C. §
									1382h(b)), is
			 eligible for OSIPM program benefits without having to make a payment.
(3) The following end on December 31, 2021:
(a) Patient liability for individuals
			 receiving
home and community-based care
in-home services (see
			 OAR 461-001-0030 and OAR Chapter
			 411, Division 030),
(b) Independent
			 Choices Program (ICP) patient liability for individuals in OSIPM-ICP (see OAR
			 Chapter 411, Division 030), and
(c)
			 Liability or contribution to the cost of services for Program of All-Inclusive
			 Care for the Elderly (PACE) participants (see OAR Chapter 411 Division
			 045).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0630 - Deduction for Maintaining a Home; Nursing Facility Care Client

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0700 - Use of Income; HKC, OHP

Current through Register Vol. 63, No. 7, July 1, 2024
In the HKC and OHP programs, the Department uses income to
				determine eligibility as follows:
(1)
			 The
countable
(see OAR
			 461-001-0000) income of the
financial group
(see
			 461-110-0530) received and
			 expected to be received in the
budget month
(see
			 461-001-0000) is determined
			 under 461-150-0055.
(2) For each member of the
need
			 group
(see OAR
			 461-110-0630), the
countable
income of the
financial group
from
			 the
budget month
is compared to the applicable OHP program
			 income standard. If the
countable
income of the
financial group
is below the applicable income standard for
			 the
need group
size and all other financial and non-financial
			 eligibility requirements are met, the
need group
member is
			 eligible for OHP program benefits. If the
countable
income of
			 the
financial group
equals or exceeds the applicable OHP
			 program income standard, the
need group
member is ineligible
			 for OHP program benefits.
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.404,
				  414.231
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.083,
				  411.404,
				  414.025,
				  414.231
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0780 - Determining Adjusted Income; OSIP-EPD and OSIPM-EPD

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0800 - Determining Participant Fee; OSIP-EPD, OSIPM-EPD (Including In-Home Services)

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL › Section 461-160-0855 - Excluded Resources for Payments Received Under a Qualified Partnership Policy; OSIPM

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0010 - Legal Status of Benefit Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under Oregon law, cash benefits are not
			 subject to assignment, transfer, garnishment, levy, or execution, as long as
			 they can be identified as program payments and are separate from other money in
			 the client's possession.
(2) Except
			 for electronic benefit transfer (EBT), the Department considers a benefit
			 issued if the check has been handed to the client or vendor, or mailed to the
			 client or vendor. The Department considers a benefit issued, and received by
			 the client, when a direct check deposit is made to the client's or vendor's
			 bank account.
(3) Cash benefits
			 subject to refund or rebate (see OAR
			 461-145-0435) by a vendor are to
			 be issued by the vendor to the client.
(4) For EBT,
(a) The Department considers benefits
			 received when an EBT card has been received, a personal identification number
			 (PIN) has been selected, and the benefits have been issued and made available
			 to the individual in their EBT account.
(b) The Department considers benefits
			 available as provided under OAR
			 461-165-0100.
(c) Unused benefits remain available for
			 client access for 274 days from the date the benefits were made available in
			 the EBT account.
(d) Unused
			 benefits are expunged by the oldest benefit allotment after 274 days if none of
			 the benefits have been used during the 274 days. "Used" means a purchase or
			 withdrawal of any amount.
(e) If
			 benefit expungement is delayed past the required 274 days for any reason, all
			 unused benefits that have reached or exceeded the 274 days shall be expunged at
			 the earliest date possible.
(f)
			 Expunged benefits shall not be restored to the client.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0030 - Concurrent and Duplicate Program Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as noted in this rule, an
			 individual may not receive benefits from the Department of the same type (that
			 is, cash, medical, or SNAP benefits) for the same period as a member of two or
			 more different benefit groups (see OAR
			 461-110-0750) or from two or
			 more separate programs. Except as allowed in subsection (e) of this section,
			 this provision includes a prohibition against an individual receiving TANF
			 concurrently with another cash assistance program funded under Title IV-E of
			 the Social Security Act.
(a) An individual may
			 receive EA, HSP, and TA-DVS benefits and cash payments from other programs for
			 the same time period.
(b) If a GA
			 recipient becomes eligible for the TANF program, the GA recipient may not
			 receive a TANF cash payment for themselves in the month a GA cash payment was
			 received.
(c) An individual in the
			 SNAP program who leaves a filing group (see OAR
			 461-110-0310 and
			 461-110-0370) that includes an
			 individual who abused them and enters a
domestic violence
			 shelter
(see OAR
			 461-001-0000) or
safe
			 home
(see OAR
			 461-001-0000) for survivors of
domestic violence
(see OAR
			 461-001-0000) may receive SNAP
			 benefits twice during the month the individual enters the
domestic
			 violence shelter
or
safe home
.
(d) Except in the QMB-DW and QMB-SMF
			 programs, a QMB recipient may also receive medical benefits from OSIPM, REFM,
			 MAGI Child, MAGI Parent or Other Caretaker Relative, or MAGI Pregnant Woman.
			 QMB-DW and QMB-SMF recipients may not receive any other medical assistance
			 program offered under the state plan (see OAR
			 461-135-0730).
(e) An individual may receive Chafee (see
			 division 030 of Oregon Administrative Rule chapter 413) and TANF benefits
			 during the same time period. As of January 1, 2013, receipt of both Chafee and
			 TANF benefits will not result in an overpayment.
(f) An individual receiving
Employment Payments
(see OAR
			 461-001-0025 and
			 461-135-1270) who becomes
			 eligible for TANF in the same month may receive both benefits in the same
			 month.
(g) An individual receiving
			 JPI (see OAR 461-135-1260) who becomes
			 eligible for Pre-TANF or TANF in the same month may receive both benefits in
			 the same month.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0035 - Alternate Payees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 "alternate payee" is an individual or organization permitted by this rule to
			 obtain and use benefits for and in the best interests of the
benefit
			 group
(see OAR
			 461-110-0750).
(2) In the TA-DVS program, an
alternate payee
(see section (1) of this rule) may not be
			 established.
(3) The following
			 individuals may appoint an
alternate payee
in writing on a
			 form designated by the Department. The form must include the signatures of both
			 the individual designating the
alternate payee
and the
alternate payee
:
(a) In all
			 programs, the
head of household
(see OAR
			 461-001-0015) of any age,
primary person
(see OAR
			 461-001-0000 and OAR
			 461-001-0015) of any age,
primary contact
(see OAR
			 410-200-0015) of any age,
authorized representative
(see OAR
			 461-115-0090), and any other
			 member age 18 or older of the group applying.
(b) An individual given legal guardianship or
			 power of attorney for an individual age 18 and older.
(c) In the OSIP and OSIPM programs, a
community spouse
(see OAR
			 461-001-0030).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0045 - Emergency Payee; TANF

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0050 - Dual Payee; When to Use

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.706,
				  411.816,
				  412.006,
				  412.014,
				  412.049
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.706,
				  411.816,
				  412.006,
				  412.014,
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0060 - Minimum Benefit Amount; REF, SNAP, TANF

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the SNAP program:
(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 $23 for an
ongoing month
(see OAR
			 461-001-0000) and a proration of
			 $23 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 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).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0070 - Immediate Issuance of Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  411.060,
				  411.816 &
				  412.049
Stats. Implemented: ORS
				  411.060,
				  411.816 &
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0080 - Method for Delivery of Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0082 - SNAP Cash-Out

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  411.816
Stats. Implemented: ORS
				  411.816
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0096 - Access Fee for EBT-Issued Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
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¢.
Stat. Auth.: ORS
				  411.060
Stats. Implemented: ORS
				  418.047
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0100 - Issuance Date of Benefit

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0105 - Exception to Staggered Issuance; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
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
			 FSMIS 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.
Stat. Auth.: ORS
				  411.816
Stats. Implemented: ORS
				  411.816
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0110 - Alternatives to Direct Money Payment

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.706,
				  411.816,
				  412.049
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.706,
				  411.816,
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0120 - Benefits for an Individual in an Acute Care Hospital

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the REF, REFM, and TANF programs,
			 regular monthly benefits continue when an individual enters an acute care
			 hospital. The monthly benefits remain unchanged until the individual returns
			 home or enters some other living arrangement. An authorized representative
			 designated by the individual or as otherwise allowed under OAR
			 461-115-0090 may be used if
			 necessary.
(2) In the GA, OSIP,
			 OSIPM, and QMB programs, an individual may receive benefits in an acute care
			 hospital as long as they meet program eligibility requirements.
(3) In the SNAP program, regular monthly
			 benefits continue if the individual will be in their own home 50 percent of the
			 time or more. If the individual will be in an acute care hospital for more than
			 50 percent of a calendar month, the individual is not eligible for SNAP
			 benefits.
Statutory/Other Authority: 411.060, 411.404, 411.816,
				  412.049, ORS 409.050,
				  413.085 &
				  414.685
Statutes/Other Implemented: 411.060, 411.404, 411.816,
				  412.049 & ORS 409.010
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0130 - Payment of Benefit Out-of-State

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For all programs except the SNAP and GA
			 programs, the Department sends benefits out of state if a client is absent from
			 Oregon and the client establishes the intent to return within 60
			 days.
(2) If a client is detained
			 out of state beyond 60 days for medical reasons, continued eligibility is
			 determined and the client is required to provide documentation of the need to
			 remain in the other state.
(3) For
			 medical benefits, out-of-state medical expenditures must have prior
			 authorization.
(4) In the SNAP and
			 GA programs, the Department does not send benefits out of state.
Stat. Auth.: ORS
				  411.060
Stats. Implemented: ORS
				  411.060,
				  412.006
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0140 - Endorsement and Survivorship of Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The client or the client's payee must
			 endorse checks issued in payment of a benefit. The endorsement on the check
			 must be the same as the name appearing as payee.
(2) The client may endorse a check with a
			 mark or thumbprint if duly witnessed by two people giving their full names and
			 addresses.
(3) Benefits issued by
			 EBT (electronic benefit transfer) may be used only with the Oregon Trail debit
			 card and the client's matching personal identification number (PIN).
(4) The person with power of attorney may:
(a) Act as authorized representative or
			 alternate payee.
(b) Endorse and
			 cash the benefit check as in the following example: John Doe (Recipient) by
			 Richard Jones (Power of Attorney)
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0160

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: 409.050, 411.060, 411.070,
				  411.122, 412.049 & ORS
				  329A.500
Statutes/Other Implemented: ORS
				  329A.500,
				  409.010,
				  411.060,
				  411.070,
				  411.122,
				  412.049 &
				  45 CFR 98.45
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0180

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  181.537,
				  329A.500,
				  409.050,
				  411.060 &
				  411.070
Statutes/Other Implemented: ORS
				  181.537,
				  329A.340,
				  329A.500,
				  409.010,
				  409.050,
				  409.610,
				  411.060,
				  411.070,
				  411.122 & HB 4005 Oregon
				  2022 Short Sess.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 165 - ISSUING BENEFITS › Section 461-165-0200 - Restoring Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 individual is entitled to a supplemental payment of benefits for the current
			 month or restoration of benefits lost in a previous month if the individual
			 received a lower benefit than he or she was entitled to for the reasons given
			 in this rule. An individual may receive a restoration of lost benefits even if
			 no longer eligible.
(2) An
			 individual may receive a supplemental payment if there was a change in the
			 individual's circumstances that would cause an increase in benefits, if the
			 report of change was made before the first day of the payment month but too
			 late for the Department to adjust the next payment.
(3) An individual may receive a supplemental
			 or restorative benefit if the Department caused an administrative underpayment.
			 An administrative underpayment includes, but is not limited to, an underpayment
			 caused by any of the following:
(a) Failure
			 to take action on information reported to the Department.
(b) Use of an incorrect effective
			 date.
(c) Denial, closure or
			 reduction of benefits in error.
(d)
			 Failure to send the individual a required
decision notice
(see
			 OAR 461-001-0000) when benefits are
			 closed or reduced.
(e) Making a
			 calculation error.