reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0525 - Strikers' Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
Strikers' benefits are payments made to strikers by their
				union, whether or not based on the striker's participation in picketing. Treat
				these payments as follows:
(1) For all
			 programs except SNAP, count as unearned income.
(2) For SNAP, exclude these payments, unless
			 the striker's current income is higher than their pre-strike income. If so,
			 count as unearned income.
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.816,
				  412.049 &
				  414.042
Stats. Implemented: ORS
				  411.060,
				  411.700,
				  411.816,
				  412.049 &
				  414.042
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0530 - Tax Refund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In all
			 programs except the QMB-BAS, QMB-SMB, and QMB-SMF programs:
(a) If received on or after January 1, 2010,
			 federal income tax refunds are excluded from income and resources in the month
			 of receipt and then for 12 full months starting with the month following the
			 month of receipt of the refund or payment. All funds remaining after the
			 12-month period are counted as a resource.
(b) If received before January 1, 2010,
			 federal income tax refunds are counted as a resource.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0540 - Trusts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This section
			 applies to all
trust funds
(see OAR
			 461-001-0000) in the REF, REFM,
			 SNAP, and TANF programs. It also applies in the OSIP, OSIPM, and QMB-DW
			 programs for
trust funds
established before October 1, 1993:
(a)
Trust funds
are counted
			 as a resource if the fund is legally available for use by a member of the
financial group
(see OAR
			 461-110-0530) for items covered
			 by program benefits.
(b)
Trust funds
are excluded if the fund is not available for use
			 by a member of the
financial group
. The
financial
			 group
must try to remove legal restrictions on the trust, unless that
			 would cause an expense to the group.
(c) The part of the fund available for use
			 for medical expenses covered by the medical program for which the
financial group
is eligible is counted.
(d) In the OSIP, OSIPM, and QMB-DW programs,
			 the amount of the trust that is considered legally available is the maximum
			 amount that could be distributed to the beneficiary under the terms of the
			 trust, regardless of whether the trustee exercises his or her authority to
			 actually make a distribution; and a revocable trust is available as a resource,
			 in the maximum amount that could be distributed in the event of
			 revocation.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0550 - Unemployment Compensation Benefit

Current through Register Vol. 63, No. 7, July 1, 2024
In all programs covered by Chapter 461 of the Oregon
				Administrative Rules, unemployment compensation benefits are treated as
				follows:
(1) Retroactive payments are
			 counted as periodic or lump-sum income (see OAR
			 461-140-0110 and
			 461-140-0120).
(2) Disaster Unemployment Assistance is
			 treated as provided in OAR
			 461-145-0100.
(3) All payments not covered under sections
			 (1) and (2) of this rule are counted as unearned income.
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.083,
				  411.404,
				  411.816,
				  412.014 &
				  412.049
Stats. Implemented: ORS
				  411.060,
				  411.083,
				  411.404,
				  411.070,
				  411.816,
				  412.014 &
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0560 - Uniform Relocation Act

Current through Register Vol. 63, No. 7, July 1, 2024
Reimbursements from the Federal Uniform Relocation Assistance
				Act (42 U.S.C.
				4621 -
				4625)
				and from the Real Property Acquisition Policies Act of 1970 (42 U.S.C.
				4651 -
				4655)
				are excluded.
Stat. Auth. ORS
				  411.060,
				  411.070,
				  411.816,
				  412.014,
				  412.049,
				  414.042
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.700,
				  411.816,
				  412.014,
				  412.049,
				  414.042
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0570 - USDA Meal Reimbursement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A USDA
			 meal reimbursement (see OAR
			 461-001-0000) is counted as
			 self-employment income, except for the portion excluded in accordance with
			 section (2) of this rule.
(2) The
			 proportionate share of a USDA meal reimbursement for a child in the filing
			 group is excluded.
Stat. Auth.: 411.060, 411.816, 418.100
Stats. Implemented: 411.060, 411.816,
				  418.100
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0580 - Veterans' Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Veterans' benefits, other than the educational and training and rehabilitation
			 program benefits, are treated as follows:
(a)
			 Except as specified in sections (2), (5), and (6) of this rule, monthly
			 payments are counted as unearned income.
(b) Other payments are counted as periodic or
			 lump sum income (see OAR
			 461-140-0110 and
			 461-140-0120).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0582 - Victims' Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Payments to victims of Nazi persecution covered by Public Law 103 286 and
			 payments to victims of crime under 42 U.SC. 10602 (The Crime Act of 1984) are
			 excluded as income, and amounts retained are excluded as a resource as long as
			 the amounts are not commingled with other funds.
(2) For other types of victims' assistance
			 (not covered by section (1) of this rule):
(a) Payments that are considered a
			 reimbursement (see OAR
			 461-001-0000) for a lost item
			 are treated as provided in OAR
			 461-145-0440.
(b) Payments for pain and suffering are
			 treated in the same manner as personal injury settlements under OAR
			 461-145-0400.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0583 - Virtual Currency or Cryptocurrency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule:
(a) "Cryptocurrency" is a type of currency
			 available in virtual or digital form that functions as a medium of exchange
			 with no central banking or regulating authority.
(b) "Day trading' is the buying and selling
			 of
cryptocurrency
within the virtual market. The
cryptocurrency
market continuously runs because it is a
			 worldwide market.
(c) "Mining" is a
			 way to receive
cryptocurrency
(see subsection (a) of this
			 section) through solving a series of mathematical problems. "Mining" requires a
			 computer, an external hardware setup, and a special computer software program.
			 To receive
cryptocurrency
through "mining", multiple people
			 worldwide are attempting to solve a series of complicated mathematical problems
			 via the "mining" software, and each receipt of cryptocurrency could require
			 millions or billions of guesses at mathematical problems. The person to solve
			 the final mathematical problem is the one to receive the
cryptocurrency
.
(d) "Wallet" is a way to store records of
cryptocurrency
transactions. Each
cryptocurrency
is assigned a public address, and when stored
			 in a "wallet" the
cryptocurrency
is assigned a private key for
			 protection. The
cryptocurrency
public address and private key
			 are stored on a computer, mobile device, internal or external computer
			 hardware, or a piece of paper and protected by private keys.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0585 - Vocational Rehabilitation Payment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (2) of this
			 rule:
(a) Vocational rehabilitation
			 maintenance payments for food, shelter and clothing are counted as unearned
			 income.
(b) In the SNAP program, a
			 training allowance or stipend from a vocational rehabilitation program is
			 treated as earned income. For all other programs, a training allowance or
			 stipend is treated as unearned income.
(c) Educational income not covered under
			 subsection (b) of this section is treated as provided in OAR
			 461-145-0150.
(d) Vocational rehabilitation payments for
			 special itemized needs connected with the evaluation, planning or placement
			 activity are treated as a reimbursement (see OAR
			 461-145-0440). These payments
			 include payments for:
(A) Child
			 care.
(B) Clothing.
(C) Second residence.
(D) Special diet.
(E) Transportation.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0590 - Workers Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 workers compensation payments received monthly or more frequently:
(a) Except as provided in subsection (b) of
			 this section, these payments are counted as unearned income.
(b) In the REF, REFM, SNAP, and TANF
			 programs, income from workers compensation is counted as earned income (see OAR
			 461-145-0130) if paid to an
			 individual who is still employed while recuperating from an illness or
			 injury.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0600 - Work-Related Capital Assets, Equipment, and Inventory

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule:
(a) "Inventory" means goods that are in stock
			 and available for sale to prospective customers.
(b) "Work-related equipment" means property
			 essential to the employment or self-employment of a
financial
			 group
(see OAR
			 461-110-0530) member. Examples
			 are a tradesman's tools, a farmer's machinery, and equipment used to maintain
			 an income-producing vehicle.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0810 - Deemed Assets; Overview

Current through Register Vol. 63, No. 7, July 1, 2024
For a sponsored noncitizen:
(1) Deemed assets are the portion of the
			 income and resources of an individual not in the
financial group
(see OAR 461-110-0530) used to determine
			 eligibility and benefit level for a sponsored noncitizen who is a member of the
financial group
.
(2) To be eligible for benefits, a sponsored
			 noncitizen must provide necessary information about each individual whose
			 assets are deemed to the sponsored noncitizen who is a member of the
financial group
.
(3) To determine countable assets for
			 deeming, use the policy for the program for which the
financial
			 group
is applying.
Stat. Auth.: ORS
				  411.060,
				  411.816,
				  412.006,
				  412.049
Stats. Implemented: ORS
				  411.060,
				  411.816,
				  412.006,
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0820 - Deemed Assets; Noncitizen's Sponsor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual or organization may sponsor
			 the admission of a noncitizen under section 204 of the Immigration and
			 Nationality Act (8 U.S.C.
			 1154).
(2) An affidavit of support (USCIS Form
			 I-864) is the agreement between the sponsor and the United States Citizenship
			 and Immigration Services in which the sponsor agrees to provide financial
			 support for the noncitizen so that the noncitizen will not become a public
			 charge.
(3) In all programs except
			 the OSIP, OSIPM, QMB, REF, and REFM programs, the countable assets of an
			 individual sponsor and the spouse of the sponsor are considered countable
			 assets of the noncitizen as provided in this section and OAR
			 461-145-0810 to
			 461-145-0860. The sponsor's
			 assets are considered available to the noncitizen whether or not the sponsor
			 lives in the same household as the noncitizen. The assets of the sponsor's
			 spouse are considered available only when the spouse lives in the sponsor's
			 household.
(4) OAR
			 461-145-0830 sets out situations
			 in which the assets of the sponsor and the spouse of the sponsor are not
			 counted, as well as how the income deemed available to the noncitizen is
			 calculated.
(5) The value of the
			 resources deemed available to each noncitizen is determined as follows:
(a) In all programs except the SNAP program,
			 the total value of the countable resources is deemed to each sponsored
			 noncitizen according to the rules of the program for which the noncitizen
			 applies.
(b) In the SNAP program
			 only, $1,500 is deducted from the value. The remaining value is divided by the
			 number of noncitizens sponsored by the individual or couple. The result is the
			 value of the resources deemed available to the noncitizen.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0830 - When to Deem the Assets of a Sponsor of a Noncitizen and How Income is Deemed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the OSIP,
			 OSIPM, QMB, REF, and REFM programs, the
assets
(see OAR
			 461-001-0000) of a sponsor and
			 the
spouse
(see OAR
			 461-001-0000) of the sponsor are
			 not deemed to the sponsored noncitizen.
(2) In all programs except the OSIP, OSIPM,
			 QMB, REF, and REFM programs, the
assets
of a sponsor and the
spouse
of the sponsor are considered the
assets
of the sponsored noncitizen, and are subject to deeming
			 (see sections (3) and (4) of this rule), unless at least one of the following
			 subsections applies:
(a) The sponsor has not
			 signed a legally binding affidavit of support, for instance USCIS Form I-864 or
			 I-864A.
(b) The sponsor receives
			 SNAP, Supplemental Security Income (SSI), or TANF benefits.
(c) The sponsor is deceased. The estate of a
			 deceased sponsor is not responsible for the noncitizen.
(d) The sponsored noncitizen establishes
			 indigence. A sponsored noncitizen establishes indigence if the total income of
			 the household including in-kind income plus any cash, food, housing, or other
			 assistance provided by other individuals including the sponsor is:
(A) In the TANF program, under the
countable
(see OAR
			 461-001-0000) income
			 standard.
(B) In the SNAP program,
			 under the countable income limit, set at 130 percent of the federal poverty
			 level (see OAR 461-155-0180).
(C) Each indigence determination under this
			 subsection is effective for 12 months and may be renewed for additional
			 12-month periods.
(e) The
			 sponsored noncitizen is an abused immigrant spouse, abused immigrant child,
			 immigrant parent of an abused child or an immigrant child of an abused parent,
			 as long as the abused noncitizen does not live in the same household as the
			 person responsible for the abuse.
(f) The sponsored noncitizen does not meet
			 the noncitizen status requirement for the program for which they
			 apply.
(g) The sponsored noncitizen
			 becomes a naturalized citizen.
(h)
			 The sponsored noncitizen can be credited with 40 qualifying quarters of
			 work.
(i) The sponsored noncitizen
			 is under 18 years of age.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0860 - Deemed Assets, Parent of Minor Parent; TANF

Current through Register Vol. 63, No. 7, July 1, 2024
In the TANF program, the assets of the parents of a minor
				parent are deemed as follows if they are living together and the minor parent
				is under age 18, has never married, and is not legally emancipated.
(1) The resources of the parents of the minor
			 parent are excluded.
(2) The
			 income of the parents is deemed to the minor parent when the minor parent and
			 the minor's children live with the minor's parents.
(3) The income of the parents of a pregnant
			 minor is deemed to the minor when the minor lives with the parents.
(4) Deemed income is considered available to
			 the minor parent and the parent's dependent child, or to the pregnant minor,
			 even if it is not received.
(5)
			 The amount of the deemed income of the parents is determined as follows:
(a) A $90 earned income deduction is allowed.
(b) The needs of the parents and
			 the parents' dependents, living in the same household and not included in the
			 benefit group, are deducted at the TANF Payment Standard.
(c) Amounts paid to legal dependents not
			 living in the household are deducted.
(d) Payments of alimony or child support are
			 deducted.
(e) Any remaining income
			 is countable deemed income.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0910 - Self-Employment; General; Not OSIPM or QMB

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Self-employment income is income
			 resulting from an individual's business, trade, or profession, rather than from
			 a salary or wage paid by an employer. An individual is considered self-employed
			 if the individual meets the criteria in sections (2) or (3) of this rule.
			 Except as noted in section (3) of this rule when an individual has established
			 a corporation, determine if the individual is self-employed according to
			 section (2) of this rule. If the individual has more than one self-employment
			 business, trade, or profession, the income from each is determined
			 separately.
(2) Except as provided
			 in OAR 461-145-0250(1),
			 an individual is self-employed for the purposes of this division of rules if
			 the individual meets the requirements of one or more of (a), (b), or (c):
(a) Files taxes as self-employed for their
			 business on their personal taxes.
(b) Is considered an independent contractor
			 by the business.
(c) Meets all the
			 following criteria:
(A) Is not required by the
			 business to complete an IRS W-4 form;
(B) Is not required to pay federal income tax
			 or FICA payments from their paycheck(s);
(C) Liability or worker's compensation
			 insurance for the individual is not paid by the business;
(D) Meets at least one of the following:
(i) Creates or provides the products or
			 services they sell, or
(ii) Sets
			 the price for the products or services they sell;
(E) Is responsible for the business expense
			 and losses; and
(F) Receives
			 profits from the business, or could receive profits from the business but the
			 business is not making a profit.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0915 - Self-Employment; General; OSIPM, QMB

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule:
(a) "Business
			 entity" includes a sole proprietorship, a partnership, and an unincorporated
			 limited liability company.
(b)
			 "Principal" means an individual with significant authority in a "business
			 entity" (see subsection (a) of this section), including a sole proprietor, a
			 general partner in a partnership, or a member or manager of an unincorporated
			 limited liability company.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0920 - Self-Employment; Costs that are Excluded to Determine Countable Income

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 explains how to determine which costs are excluded from gross self-employment
			 income.
(2) In all programs except
			 the DSNAP, OSIP, OSIPM, and QMB programs, unless prohibited by section (4) of
			 this rule, and subject to the provisions of sections (7) and (8) of this rule
			 and OAR 461-145-0930, the necessary
			 costs of producing self-employment income are excluded from gross sales and
			 receipts including, but not limited to:
(a)
			 Labor (wages paid to an employee or work contracted out).
(b) Materials used to make a
			 product.
(c) In the SNAP program -
			 principal and interest paid to purchase
income-producing
			 property
(see OAR
			 461-001-0000), such as real
			 property, equipment, or capital assets. In all other programs, interest paid to
			 purchase
income-producing property
, such as equipment or
			 capital assets.
(d) Insurance
			 premiums, taxes, assessments, and utilities paid on
income-producing
			 property
.
(e) Service,
			 repair, and rental of business equipment, including motor vehicles, and
			 property that is owned, leased, or rented.
(f) Advertisement and business
			 supplies.
(g) Licenses, permits,
			 legal, or professional fees.
(h)
			 Transportation costs at 20 cents per mile, if the cost is part of the business
			 expense. Commuting expenses to and from the worksite are not part of the
			 business expense.
(i) Charges for
			 telephone service that are a necessary cost for self-employment.
(j) Meals and snacks provided by family day
			 care providers for children in their care, except the provider's own children.
			 The actual cost of the meals is used if the provider can document the cost. If
			 the provider cannot document the actual cost, the USDA meal reimbursement rates
			 are used.
(k) Materials purchased
			 for resale, such as cosmetic products.
(l) For newspaper carriers, the cost of
			 newspapers, bags, and rubber bands.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0930 - Self-Employment; Determination of Countable Income

Current through Register Vol. 63, No. 7, July 1, 2024
This rule explains how different programs exclude or deduct
				costs from self-employment gross sales and receipts to determine
countable
(OAR
				461-001-0000) income from
				self-employment.
(1) The Department
			 initially determines gross self-employment income, totaling gross sales and
			 receipts, including mileage reimbursements, minus any returns and allowances.
			 If there are costs permitted under OAR
			 461-145-0920, the Department
			 allows deductions or exclusions from the gross self-employment income in
			 accordance with this rule to determine
countable
(OAR
			 461-001-0000) income from
			 self-employment.
(2) In the OSIP,
			 OSIPM, and QMB programs, all costs permitted under OAR
			 461-145-0920 are
			 excluded.
(3) In the REF, REFM, and
			 TANF programs, no costs are excluded.
(4) In the SNAP program, if there are any
			 costs permitted under OAR
			 461-145-0920, there is an
			 exclusion of 50 percent of gross self-employment income.
(5) In the DSNAP program, the Department
			 allows all actual costs permitted under OAR
			 461-145-0920.
Statutory/Other Authority: ORS
				  414.619, ORS
				  414.826,
				  409.050,
				  411.060,
				  411.083,
				  411.404,
				  411.706,
				  411.816,
				  412.006,
				  412.049 &
				  413.085
Statutes/Other Implemented: ORS
				  414.826,
				  7 CFR
				  280.1, 409.010, 411.060, 411.083, 411.404,
				  411.706, 411.816, 412.006, 412.009 &
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0931 - Additional Exclusions for Farming Costs; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
In the SNAP program, if gross self-employment income from
				farming is less than the costs calculated in accordance with OAR
				461-145-0920, and the client
				receives or anticipates receiving annual gross farm income of $1,000 or more,
				then farming-related costs that exceed self-employment income from farming are
				allowed as an exclusion from nonfarm self-employment income, other earned
				income, and unearned income.
Stat. Auth.: ORS
				  411.060,
				  411.816,
				  412.006
Stats. Implemented: ORS
				  411.060,
				  411.816,
				  412.006
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 150 - RETROSPECTIVE/PROSPECTIVE ELIGIBILITY AND BUDGETING › Section 461-150-0020 - Prospective Eligibility and Budgeting

Current through Register Vol. 63, No. 7, July 1, 2024
For prospective eligibility (see OAR
				461-001-0000) and budgeting (see
				OAR 461-001-0000):
(1) The budget month (see OAR
			 461-001-0000) and payment month
			 (see OAR 461-001-0000) are the same.
(2) The client's anticipated
			 income, household composition, and other relevant factors are used to determine
			 the client's eligibility and benefit level. The client and Department jointly
			 anticipate the client's income based on the income already received and the
			 income the client expects to receive.
(3) Prospective budgeting is used for
			 annualized income and prorated educational income.
(4) When prospective budgeting is used and
			 the actual income differs from the amount determined under section (2) of this
			 rule:
(a) If the anticipated income exceeds
			 the actual income, a client is not entitled to a benefit supplement.
(b) If the actual income exceeds the
			 anticipated income, there may be a client-error overpayment under OAR
			 461-195-0521.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 150 - RETROSPECTIVE/PROSPECTIVE ELIGIBILITY AND BUDGETING › Section 461-150-0042 - Prospective Eligibility and Budgeting; EA

Current through Register Vol. 63, No. 7, July 1, 2024
In the EA program, the Department uses prospective eligibility
				(see OAR 461-001-0000) and budgeting (see
				OAR 461-001-0000) as follows:
(1) For the month of application, prospective
			 eligibility is used, including for a client who leaves a filing group (see OAR
			 461-110-0310) because of
			 domestic violence.
(2) For
			 budgeting, OAR 461-160-0140 is used to
			 determine benefit level.
Stat. Auth.: ORS
				  411.060
Stats. Implemented: ORS
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 150 - RETROSPECTIVE/PROSPECTIVE ELIGIBILITY AND BUDGETING › Section 461-150-0050 - Prospective Eligibility and Budgeting; OSIP, OSIPM, and QMB

Current through Register Vol. 63, No. 7, July 1, 2024
In the OSIP, OSIPM, and all QMB programs, the Department uses
				prospective
eligibility
(see OAR
				461-001-0000) and
budgeting
(see OAR
				461-001-0000) as follows:
(1) In the OSIP, OSIPM (except OSIPM-ICP),
			 and all QMB programs:
(a) For the
initial month
(see OAR
			 461-001-0000):
(A) When a new source of income begins in the
initial month
, only income received or expected to be received
			 in that month is counted.
(B)
			 Except as provided in paragraph (A) of this subsection, the Department converts
			 and averages prospective income in accordance with OAR
			 461-150-0070 and OAR
			 461-150-0080.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 150 - RETROSPECTIVE/PROSPECTIVE ELIGIBILITY AND BUDGETING › Section 461-150-0060 - Prospective or Retrospective Eligibility and Budgeting; REF, REFM, SNAP, TANF

Current through Register Vol. 63, No. 7, July 1, 2024
In the REF, REFM, SNAP, and TANF programs, the Department
				determines how and when to use prospective or retrospective
eligibility
(see OAR
				461-001-0000) and
budgeting
(see OAR
				461-001-0000) as follows:
(1) For the
initial month
(see OAR 461-001-0000):
(a) For a SNAP case in the Change Reporting
			 System (CRS), the Department uses "actual income" (see subsection (g) of this
			 section) in the
initial month
.
(b) For a SNAP program case in the Simplified
			 Reporting System (SRS), "actual income" is used in the
initial
			 month
if that income is not reflective of ongoing monthly income due
			 to a new or terminated source or a significant change in ongoing income. All
			 other income is processed under section (3) of this rule.
(c) In the REF and TANF programs, ongoing
			 income, processed under section (2) of this rule, is used in the
			 i
nitial month
, except when the source of income is a new or
			 terminated source. When there is a new or terminated source of income, "actual
			 income" is used in the
initial month
.
(d) In the REFM program, the Department uses
			 only the
initial month
for
eligibility
and
budgeting
.
(e) The
			 Department uses prospective
eligibility
and
budgeting
under OAR
			 461-150-0020 for cases not
			 covered under subsections (a) to (d) of this section, including for an
			 individual who leaves a filing group (see OAR
			 461-110-0310) because of
domestic violence
(see OAR
			 461-001-0000) and enters a
domestic violence shelter
(see OAR
			 461-001-0000) or
safe
			 home
(see OAR
			 461-001-0000).
(f) No supplement is issued based on
			 incorrectly anticipated information.
(g) "Actual income" means income already
			 received in the
initial mont
h plus all the income that
			 reasonably may be expected to be received within the
initial
			 month
.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 150 - RETROSPECTIVE/PROSPECTIVE ELIGIBILITY AND BUDGETING › Section 461-150-0070 - Prospective Budgeting of Stable Income

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Stable
income
(see OAR 461-001-0000) in prospective
budgeting
(see OAR
			 461-001-0000) and
eligibility
(see OAR
			 461-001-0000) is treated so that
			 the monthly amount is used to anticipate the income of the
financial
			 group
(see OAR
			 461-110-0530). The amount of
stable income
for each month is determined as follows:
(a) If paid once per month, that amount is
			 used.
(b) If paid twice per month
			 or semi-monthly, that amount is converted to a monthly amount by multiplying it
			 by two.
(c) If paid once every
			 other week or biweekly, that amount is converted to a monthly amount by
			 multiplying it by 2.15.
(d) If paid
			 once per week, that amount is converted to a monthly amount by multiplying it
			 by 4.3.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 150 - RETROSPECTIVE/PROSPECTIVE ELIGIBILITY AND BUDGETING › Section 461-150-0080 - Prospective Budgeting of Variable Income

Current through Register Vol. 63, No. 7, July 1, 2024
Variable income
(see OAR
				461-001-0000) is used as follows
				in prospective
budgeting
(see OAR
				461-001-0000) and
eligibility
(see OAR
				461-001-0000) so that the
				anticipated amount is the same for each month, except as specified in OAR
				461-150-0060 and section (6) of
				this rule:
(1) For income paid more
			 than once per month, determine an average amount per pay period in accordance
			 with sections (2) to (4) of this rule. The average amount is then converted to
			 a monthly amount as follows, if paid -
(a)
			 Twice per month, multiply by 2;
(b)
			 Every other week, multiply by 2.15; or
(c) Once per week, multiply by 4.3.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 150 - RETROSPECTIVE/PROSPECTIVE ELIGIBILITY AND BUDGETING › Section 461-150-0090 - Prospective Budgeting: Annualizing and Prorating Contracted or Self-employment Income; Not OSIPM or QMB

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Income
			 from self-employment, including contract income while self-employed, is treated
			 in accordance with OAR
			 461-145-0910 unless the income
			 meets the provisions of section (2) of this rule.
(2) If past contract income is not
			 representative of future income or when a substantial increase or decrease is
			 expected in
countable
(see OAR
			 461-001-0000) self-employment
			 income (see OAR 461-145-0910) in the next year,
			 costs as allowed under OAR
			 461-145-0930 and anticipated
			 income are used to determine the
countable
income.
(3) In the REF, SNAP, and TANF programs,
			 contract income that does not meet the criteria of self-employment income (see
			 OAR 461-145-0910) is treated as
			 follows:
(a) Income received during a less
			 than 12-month period but intended as a full year's income is
			 annualized.
(b) Income received on
			 an hourly or piecework basis or monthly over the term of the contract period is
			 not annualized. It is treated as
stable income
(see OAR
			 461-001-0000) under OAR
			 461-150-0070 or
variable
			 income
(see OAR
			 461-001-0000) under OAR
			 461-150-0080.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 150 - RETROSPECTIVE/PROSPECTIVE ELIGIBILITY AND BUDGETING › Section 461-150-0095 - Prospective Budgeting: Averaging and Estimating Self-employment Income; OSIP, OSIPM, QMB

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Net earnings
			 from self-employment are counted on a taxable year basis by dividing the total
			 earnings by twelve to arrive at a monthly amount.
(2) Only net losses from self-employment that
			 are documented are divided over the taxable year in the same way as net
			 earnings and excluded only from other earned income of the financial group (see
			 OAR 461-110-0530 and
			 461-145-0130).
(3) When a self-employed individual is
			 engaged in a business or trade which is neither seasonal nor has income peaks
			 at certain parts of the year, estimate net earnings from self-employment for
			 the current taxable year in the following sequence:
(a) When the individual has been conducting
			 the same trade or business for two or more years, has had fairly constant net
			 earnings from self-employment from year-to-year, and anticipates no change or
			 gives no convincing explanation why current net earnings would be substantially
			 different from past net earnings, use the net earnings from the prior year as
			 an estimate for the current taxable year.
(b) When an individual has been engaged in
			 the same business for only the preceding taxable year, anticipates no change or
			 gives no convincing explanation why current net earnings would be substantially
			 different from the previous taxable year:
(A)
			 Calculate the ratio between net profit or loss and gross receipts from the last
			 year;
(B) Calculate the actual
			 gross receipts from the individual's current records and project them for the
			 remainder of the year; and
(C)
			 Apply the gross-to-net ratio calculated in paragraph (A) of this subsection to
			 the current year's projected gross calculated in paragraph (B) of this
			 subsection to arrive at the estimated net earnings.
(c) When an individual is engaged in a new
			 business, project the income received to date for the remainder of the year as
			 follows:
(A) Calculate the net earnings from
			 the individual's profit and loss statement or other business records for the
			 taxable year to date; and
(B)
			 Average the monthly net earnings by dividing the net income received to date by
			 the number of months that have elapsed.
(d) Accept the individual's estimate for the
			 net earnings when an individual is engaged in one of the following:
(A) A new business for which there are
			 insufficient net earnings to date.
(B) At initial application only, an existing
			 business for which records were not kept.
(C) An existing business with anticipated
			 income that varies from past years and a convincing explanation is given for
			 the variation.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 150 - RETROSPECTIVE/PROSPECTIVE ELIGIBILITY AND BUDGETING › Section 461-150-0100 - Initial Month Prospective Budgeting for Destitute Filing Groups; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
For a destitute (see OAR
				461-135-0575) filing group, only
				the following income is used to determine eligibility (see OAR
				461-001-0000) and benefit level
				in the initial month (see OAR
				461-001-0000) or the first month
				of the certification period (see OAR
				461-001-0000):
(1) Income received from the first of the
			 month through the filing date (see OAR
			 461-115-0040); and
(2) Income received after the filing date
			 that is regular and ongoing. Income from a new source anticipated to be
			 received after the filing date is not used.
Stat. Auth.: ORS
				  411.816
Stats. Implemented: ORS
				  411.816
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 155 - INCOME AND PAYMENT STANDARDS, AND SPECIAL NEEDS › Section 461-155-0010 - Use of Payment Standards to Establish Need

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Need" is the amount at the Department's
			 payment standards that represents the individual's need for items covered by
			 the benefit.
(2) "Special needs"
			 are costs in addition to standard allowances.
(3) In the OSIP and OSIPM programs,
special needs
(see section (2) of this rule) are used when
			 determining the benefit amount or the patient liability.
Statutory/Other Authority: ORS
				  409.050,
				  411.060,
				  411.070,
				  411.404,
				  411.816,
				  412.014,
				  412.049,
				  413.085 &
				  414.685
Statutes/Other Implemented: ORS
				  409.010,
				  411.060,
				  411.070,
				  411.404,
				  411.816,
				  412.014 &
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 155 - INCOME AND PAYMENT STANDARDS, AND SPECIAL NEEDS › Section 461-155-0020 - Prorated Standards; Adjusted Number in Household; TANF

Current through Register Vol. 63, No. 7, July 1, 2024
In the TANF program:
(1) Prorated standards are used only in the
			 no-adult tables.
(2) The no-adult
			 tables are used when there are no adults in the TANF benefit group (see OAR
			 461-110-0750).
(3) Prorated standards are based on the
			 number of people in the benefit group (see OAR
			 461-110-0750), compared to the
			 adjusted number in the household group (see OAR
			 461-110-0210). The adjusted
			 number in the household is determined by taking the total number of individuals
			 in the household, minus the following individuals unless they are included in
			 the benefit group:
(a) Unborns.
(b) Individuals receiving long-term care (see
			 OAR 461-001-0000) or home and
			 community-based care (see OAR
			 461-001-0030).
(c) Children who receive foster care payments
			 for more than 30 days.
(d) Children
			 receiving adoption assistance.
(e)
			 Live-in attendants who live with the filing group (see OAR
			 461-110-0310 and
			 461-110-0330) solely to provide
			 necessary medical or housekeeping services and are paid to provide these
			 services.
(f) Landlords and
			 tenants. A landlord-tenant relationship exists if one person pays another at
			 fair market value (see OAR
			 461-001-0000) for housing and
			 if:
(A) The filing group lives independently
			 from the landlord or tenant;
(B)
			 The filing group has and uses sleeping, bathroom, and kitchen facilities that
			 are separate from the landlord or tenant; and
(C) If bathroom or kitchen facilities are
			 shared, the housing must be a commercial establishment that provides either
			 room, board, or both for fair market value compensation.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 155 - INCOME AND PAYMENT STANDARDS, AND SPECIAL NEEDS › Section 461-155-0030 - Income and Payment Standards; REF, TANF

Current through Register Vol. 63, No. 7, July 1, 2024
Retroactively effective July 6, 2020:
(1) In the REF and TANF programs, the
			 standards in this rule are applied to determine
eligibility
(see OAR 461-001-0000) and benefit amount
			 as provided in OAR 461-160-0100.
(2) The Countable Income Limit Standards in
			 this section apply to all individuals applying for or receiving REF or TANF
			 benefits who are not eligible for the Exit Limit Increase (ELI) Standards in
			 section (3) of this rule.
(a) For each
need group
(see OAR
			 461-110-0630) containing an
			 adult, the following table is used:
(b) For each
need group
containing no adult, the following table is used:
(c) In the TANF program, a
caretaker
			 relative
(see OAR
			 461-001-0000) other than a
parent
(see OAR
			 461-001-0000) who chooses not to
			 be included in the
need group
is subject to the "non-needy
			 caretaker relative countable income limit standard" for the filing group which
			 is set at 185 percent of the federal poverty level (see OAR
			 461-155-0180).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 155 - INCOME AND PAYMENT STANDARDS, AND SPECIAL NEEDS › Section 461-155-0040 - Nonrecurrent Short-Term Payment; TANF

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may issue nonrecurrent, short-term payments to
				deal with an episode of need as provided in this rule.
(1) One nonrecurring short-term payment per
			 TANF
benefit group
(OAR
			 461-110-0750) may be issued for
			 back-to-school clothing needs of the children.
(2) One nonrecurring short-term payment per
			 TANF
benefit group
may be issued for winter clothing needs of
			 the children.
(3) One nonrecurring
			 short-term payment per TANF
benefit group
may be issued for
			 summer clothing needs of the children.
(4) Payments are subject to all of the
			 following:
(a) Payments are nonrecurrent
			 short-term benefits, not TANF assistance, and are issued for the purposes
			 listed in 45 CFR
			 260.31(b)(1) and
			 7 CFR
			 273.9(c)(8).
(b) The payment shall be issued in the same
			 method as the TANF benefit.
(c) The
			 Department shall determine the date and amount of the payment.
(d) The amount of the payment shall be the
			 same for each TANF
benefit group
.
(e) The issuance date and amount of the
			 payment determined by the Department are not hearable.
(f) Payments are not subject to
over
			 payment
(see OAR
			 461-195-0501) and shall not be
			 included in any
over payment
calculation.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 155 - INCOME AND PAYMENT STANDARDS, AND SPECIAL NEEDS › Section 461-155-0050 - Payment Standard for AFC and RCF; REF

Current through Register Vol. 63, No. 7, July 1, 2024
For REF and TANF, the payment standard for one person in AFC or
				RCF is the same as the adjusted income standard for a need group with one adult
				per OAR 461-155-0030. The payment, minus
				a $30 personal allowance for clothing and personal incidentals, is for room and
				board.
Stat. Auth.: ORS
				  411.060,
				  411.070 &
				  412.049
Stats. Implemented: ORS
				  411.060,
				  411.070 &
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 155 - INCOME AND PAYMENT STANDARDS, AND SPECIAL NEEDS › Section 461-155-0070 - Income and Payment Standard; EA

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The income limit in the EA program is the
			 TANF adjusted income or payment standard found in OAR
			 461-155-0030. A client is
			 ineligible for emergency assistance in any month he or she is eligible for the
			 TANF program unless the grant for that month is less than the payment standard
			 only because the grant was prorated for the month.
(2) EA benefits are limited as follows:
(a) The program will provide only the minimum
			 amount necessary to meet the emergent need.
(b) The maximum EA benefit amount for the
			 30-day eligibility period is $100.
(c) Payments for food cannot exceed the
			 maximum SNAP allotment by household size.
(d) The client is not eligible for an EA
			 payment unless the payment enables the client to resolve the emergent need in
			 its entirety without receiving JOBS support service payments (see OAR
			 461-190-0211 and
			 461-190-0221).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 155 - INCOME AND PAYMENT STANDARDS, AND SPECIAL NEEDS › Section 461-155-0150

Current through Register Vol. 63, No. 7, July 1, 2024
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  329A.500,
				  409.050,
				  411.060,
				  411.070 &
				  412.049
Statutes/Other Implemented: ORS
				  329A.500,
				  409.010,
				  409.610,
				  411.060,
				  411.070,
				  411.122,
				  411.141,
				  412.006,
				  412.049,
				  412.124,
				  418.485, HB 4005 2022 Reg. Sess.
				  (Oregon) & HB 3073 2021 Reg. Sess.
				  (Oregon)
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 155 - INCOME AND PAYMENT STANDARDS, AND SPECIAL NEEDS › Section 461-155-0151

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  411.060
Statutes/Other Implemented: ORS
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 155 - INCOME AND PAYMENT STANDARDS, AND SPECIAL NEEDS › Section 461-155-0190 - Income and Payment Standards; SNAP and DSNAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The monthly SNAP Countable Income Limit
			 is set at 130 percent of the federal poverty level under OAR
			 461-155-0180 for the number of
			 individuals in the
need group
(see OAR
			 461-110-0630). The monthly SNAP
			 Adjusted Income Limit is set at 100 percent of the federal poverty level under
			 OAR 461-155-0180 for the number of
			 individuals in the
need group
.
(2) The SNAP Payment Standard (Thrifty Food
			 Plan) is:
No. in Benefit Group.......
Monthly Amount
1.......................................
$ 291
2.......................................
535
3.......................................
766
4.......................................
973
5.......................................
1,155
6.......................................
1,386
7.......................................
1,532
8.......................................
1,751
+1.....................................
+219
(3) The
			 full-month Disaster SNAP (DSNAP) Payment Standard is:
No. in Benefit Group.......
Monthly Amount
1.......................................
$ 291
2.......................................
535
3.......................................
766
4.......................................
973
5.......................................
1,155
6.......................................
1,386
7.......................................
1,532
8.......................................
1,751
+1.....................................
+219
(4) The
			 DSNAP Gross Income Limit is set under OAR
			 461-155-0180 for the number of
			 individuals in the
household
(see OAR
			 461-135-0491) group.
Statutory/Other Authority: ORS
				  409.050,
				  411.060,
				  411.070 &
				  411.816
Statutes/Other Implemented: ORS
				  411.070,
				  411.816,
				  411.825,
				  411.837, ORS
				  409.010,
				  409.050,
				  411.060,
				  7 CFR
				  273.1,
				  7 CFR
				  273.10,
				  7 CFR
				  280.1 & H.R.
				  133