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Oregon Bulletin

May 1, 2011

Department of Human Services,
Children, Adults and Families Division: Self-Sufficiency Programs
Chapter 461

  • Rule Caption: Changing OARs affecting public assistance, medical assistance, or Supplemental Nutrition Assistance Program clients.
  • Adm. Order No.: SSP 9-2011(Temp)
  • Filed with Sec. of State: 3-22-2011
  • Certified to be Effective: 3-22-11 thru 8-15-11
  • Notice Publication Date:
  • Rules Amended: 461-135-0400
  • Rules Suspended: 461-135-0400(T)
  • Subject: OAR 461-135-0400 as amended by temporary rule on February 16, 2011 is being further amended to suspend the eligibility requirement that new Employment Related Day Care (ERDC) clients had benefits in the Refugee (REF), the State Family Pre-SSI/SSDI Program (SPFSS), or the Temporary Assistance to Needy Families (TANF) program in the prior three months. This rule is also being amended to suspend the Child Care Reservation List which had been used for clients ineligible due to the requirement being suspended.
  • Rules Coordinator: Annette Tesch—(503) 945-6067
  •  
  • 461-135-0400
  • Specific Requirements; ERDC
  • (1) The Department makes payments for child care, including care covered by the ERDC program, subject to the provisions of division 165 of this chapter of rules.
  • (2) To be eligible for ERDC, a filing group (see OAR 461-110-0350) must meet the requirements of all of the following subsections:
  • (a) At least one caretaker (see OAR 461-001-0000) must receive income from employment (other than self-employment, see OAR 461-145-0910), including employment through a work study program.
  • (b) The filing group must include a child who needs child care.
  • (c) The filing group must have an allowable child care need as described in OAR 461-160-0040. If there are two adults required to be in the filing group, and one of the adults is unemployed or self-employed, the unemployed or self-employed adult is considered available to provide child care, making the filing group ineligible, except in the following situations:
  • (A) The unemployed adult is physically or mentally unable to provide adequate child care.
  • (B) The unemployed adult is unavailable to provide child care while participating in the requirements of a case plan (see OAR 461-001-0025) other than requirements associated with post-secondary education.
  • (d) The filing group must use a child care provider who meets the requirements in OAR 461-165-0160 and 461-165-0180.
  • (e) The child needing child care must meet the citizenship or alien status requirements of OAR 461-120-0110.
  • (3) A filing group is not eligible for a child care payment for more than six calendar months if the filing group is unwilling to obtain a Certificate of Immunization Status for the child.
  • (4) The child care must be necessary to enable the caretaker to remain employed (other than self-employed).
  • (5) A filing group is not eligible for child care when the caretaker or parent in the filing group receives a grant for child care from the Oregon Student Assistance Commission for any month the grant is intended to cover, regardless of when the grant is received.
  • Stat. Auth.: ORS 409.050, 411.060, 411.070
  • Stats. Implemented: ORS 409.010, 409.050, 409.610, 411.010, 411.060, 411.070, 411.122, 411.141, 418.485, 2009 OL. ch. 827
  • Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 13-1994, f. & cert. ef. 7-1-94; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 17-1998, f. & cert. ef. 10-1-98; AFS 9-1999, f. & cert. ef. 7-1-99; AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99; AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01; AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02; SSP 7-2003, f. & cert. ef. 4-1-03; SSP 35-2003(Temp), f. 12-31-03 cert. ef. 1-1-04 thru 3-31-04; SSP 8-2004, f. & cert. ef. 4-1-04; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 7-2005, f. & cert. ef. 7-1-05; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 17-2008, f. & cert. ef. 7-1-08; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 4-2009(Temp), f. 3-11-09, cert. ef. 4-1-09 thru 9-28-09; SSP 6-2009(Temp), f. & cert. ef. 4-1-09 thru 9-28-09; SSP 27-2009, f. & cert. ef. 9-29-09; SSP 18-2010, f. & cert. ef. 7-1-10; SSP 34-2010(Temp), f. & cert. ef. 10-1-10 thru 3-30-11; SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11; SSP 7-2011(Temp), f. & cert. ef. 2-16-11 thru 8-15-11; SSP 9-2011(Temp), f. & cert. ef. 3-22-11 thru 8-15-11
  •  
  • Rule Caption: Changing OARs affecting public assistance, medical assistance, or Supplemental Nutrition Assistance Program clients.
  • Adm. Order No.: SSP 10-2011
  • Filed with Sec. of State: 3-31-2011
  • Certified to be Effective: 4-1-11
  • Notice Publication Date: 2-1-2011
  • Rules Amended: 461-110-0210, 461-110-0310, 461-110-0330, 461-110-0340, 461-110-0350, 461-110-0370, 461-110-0390, 461-110-0400, 461-110-0410, 461-110-0430, 461-110-0530, 461-110-0630, 461-110-0750, 461-115-0705, 461-120-0210, 461-135-0095, 461-135-0950, 461-140-0110, 461-150-0055, 461-155-0030, 461-160-0015, 461-160-0400, 461-160-0430, 461-160-0700, 461-170-0010, 461-190-0211
  • Rules Repealed: 461-115-0705(T), 461-135-0095(T), 461-150-0055(T), 461-155-0030(T), 461-160-0015(T), 461-160-0400(T), 461-160-0430(T), 461-160-0700(T), 461-170-0010(T), 461-190-0211(T)
  • Subject: OAR 461-110-0210, 461-110-0310, 461-110-0330, 461-110-0340, 461-110-0350, 461-110-0370, 461-110-0390, 461-110-0400, 461-110-0410, 461-110-0430, 461-110-0530, 461-110-0630, and 461-110-0750 about how the Department determines the composition of the various eligibility groups (household, filing, financial, need, and benefit groups) for the Department’s programs covered by chapter 461 of the Oregon Administrative Rules are being amended to reflect current Department terminology, policy, and practices. OAR 461-110-0210 about how the Department determines the composition of a household group (the individuals who live together with or without benefit of a dwelling) also is being amended to restate when a caretaker relative absent from a Temporary Assistance for Needy Families (TANF) or Refugee Assistance (REF) household group for 30 days or more is considered still to be in the household group. OAR 461-110-0310 regarding the general requirements for how the Department determines the composition of a filing group (the individuals whose circumstances are considered in the eligibility determination process) also is being amended to state that the specific program requirements for determining filing group composition are found in OAR 461-110-0330 to 461-110-0430. OAR 461-110-0330 about how the Department determines the composition of a filing group in the Extended Medical Assistance (EXT), Medical Assistance Assumed (MAA), and Temporary Assistance for Needy Families (TANF) programs also is being amended to restate when a dependent child is not included in the filing group and cross-reference the applicable OAR for each of these instances. OAR 461-110-0340 about how the Department determines the composition of a filing group in the Medical Assistance to Families (MAF) and Medical Coverage for Children in Substitute or Adoptive Care (SAC) programs also is being amended to state when the sibling of a dependent child in the MAF program filing group must be included in and when a sibling may be excluded from the MAF program filing group. This rule also is being amended to restate who is included in a SAC program filing group. OAR 461-110-0350 about how the Department determines the composition of a filing group in the Employment Related Day Care (ERDC) program also is being amended to cross-reference the OAR containing the definitions of defined terms used in this rule. OAR 461-110-0370 about how the Department determines the composition of a filing group in the Supplemental Nutrition Assistance Program (SNAP) also is being amended to cross-reference the OAR containing the definition of defined terms used in this rule. This rule also is being amended to state in which benefit months an exclusion (based on the individual having received SNAP program benefits in another household) from being included in a SNAP program filing group applies. OAR 461-110-0390 about how the Department determines the composition of a filing group in the General Assistance (GA) and General Assistance Medical (GAM) programs also is being amended to cross-reference the OAR containing the definition of a defined term used in this rule. OAR 461-110-0400 about how the Department determines the composition of a filing group in the Healthy KidsConnect (HKC) and Oregon Health Plan (OHP) programs also is being amended to restate when individuals must be in the same filing group and to cross-reference the OAR containing the definitions of defined terms used in this rule. OAR 461-110-0410 about how the Department determines the composition of a filing group in the Oregon Supplemental Income Program Medical (OSIPM) and Qualified Medicare Beneficiaries (QMB) programs also is being amended to remove references to the Oregon Supplemental Income Program (OSIP) program. OAR 461-110-0430 about how the Department determines the composition of a filing group in the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs also is being amended to restate when a separate REF or REFM program filing group may be formed within a household group. OAR 461-110-0530 about how the Department determines the composition of a financial group (the members of the filing group whose income and resources count in determining eligibility and benefits) also is being amended to remove references to the OSIP program and to cross-reference the OAR containing the definitions of defined terms used in this rule. This rule also is being amended to state that its provisions regarding the OSIPM program do not apply to the Oregon Supplemental Income Program Medical - Employed Persons with Disabilities program (OSIPM-EPD). OAR 461-110-0630 about how the Department determines the composition of a need group (the individuals whose basic and special needs are used in determining eligibility and benefit level) also is being amended to cross-reference the OAR containing the definitions of defined terms used in this rule. OAR 461-110-0750 about how the Department determines the composition of a benefit group (the individuals who receive benefits) also is being amended to restate how the Department determines the composition of the benefit group for an individual not assumed eligible in all programs except the GA and GAM programs.
  •       OAR 461-115-0705 about the verification requirements for the Department’s medical programs is being amended to restate the income verification requirements for clients of the Healthy KidsConnect (HKC), Medical Assistance Assumed (MAA), Medical Assistance to Families (MAF), Oregon Health Plan (OHP), and Medical Coverage for Children in Substitute or Adoptive Care (SAC) programs. This rule also is being amended to make permanent the temporary changes made November 1, 2010.
  •       OAR 461-120-0210 about when a client is required to provide or apply for a social security number to be eligible for Department programs is being amended to state an individual must provide a valid social security number or apply for a social security number to be included in a Breast and Cervical Cancer Medical (BCCM), Continuous Eligibility for OHP-CHP Pregnant Women (CEC), Continuous Eligibility for Medicaid (CEM), Extended Medical Assistance (EXT), Healthy KidsConnect (HKC), Medical Assistance Assumed (MAA), Medical Assistance to Families (MAF), Oregon Health Plan (OHP), or Medical Coverage for Children in Substitute or Adoptive Care (SAC) program benefit group (the individuals who receive benefits) to bring the Department into compliance with federal law.
  •       OAR 461-135-0095 about the specific eligibility requirements for the Extended Medical Assistance (EXT) program is being amended to comply with federal law by stating that a filing group (the individuals from the household group whose circumstances are considered in the eligibility determination process) which lost Medical Assistance Assumed (MAA) or Medical Assistance to Families (MAF) program eligibility due to an increase in child support received must have been eligible for and received MAA or MAF program benefits for at least three of the six months prior to the beginning of the EXT program benefit eligibility period. This rule is also being amended to clarify its references to defined terms. This rule also is being amended to make permanent the temporary changes made November 15, 2010.
  •       OAR 461-135-0950 about how the Department determines the eligibility of an inmate for programs covered by Chapter 461 of the Oregon Administrative Rules is being amended to state that an individual in a public institution pending other arrangements as defined in federal law is not considered an inmate. This rule also is being amended to restate the definition for the term “public institution”. This rule also is being amended to state how the Department treats program benefits for a pregnant woman receiving medical assistance through the Breast and Cervical Cancer Medical (BCCM), Continuous Eligibility for OHP-CHP pregnant women (CEC), or Continuous Eligibility for Medicaid (CEM) programs who becomes an inmate of a public institution.
  •       OAR 461-140-0110 about how the Department treats a client’s periodic income (income received on a regular basis less often than monthly) when making eligibility and benefit level decisions is being amended to restate how the Department treats periodic income for a Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF) program filing group (the individuals whose circumstances are considered in the eligibility determination process) that does not include at least one member who is working under a TANF Job Opportunity and Basic Skills (JOBS) Plus agreement.
  •       OAR 461-150-0055 about eligibility and budgeting in the Oregon Health Plan (OHP) program is being amended to state that its provisions apply to the Healthy KidsConnect (HKC) program. This rule also is being amended to state how the Department determines the budget month (the calendar month from which information is used to determine eligibility and benefit level for the payment month) when the Department initiates a redetermination of eligibility for an HKC or Oregon Health Plan (OHP) program client. In addition, this rule is being amended to restate how the Department determines the countable income of an HKC or OHP program financial group (the individuals whose income and resources count in determining eligibility). This rule also is being amended to clarify which standard is used to determine eligibility for an HKC, Oregon Health Plan - Persons Under 19 (OHP-CHP), or Oregon Health Plan - Children (OHP-OPC) program client when the Department is using an Express Lane Eligibility (ELE) finding to determine the client’s eligibility. This rule also is being amended to make permanent the temporary changes made effective January 1, 2011.
  •       OAR 461-155-0030 about the income standards in the Job Opportunity and Basic Skills (JOBS), Medical Assistance Assumed (MAA), Medical Assistance to Families (MAF), Refugee Assistance (REF), Medical Coverage for Children in Substitute or Adoptive Care (SAC), and Temporary Assistance for Needy Families (TANF) programs is being amended to state the countable income limit for a filing group (the individuals from the household whose circumstances are considered in the eligibility determination process) in the JOBS program with a non-custodial parent who has a dependent child receiving TANF benefits, when both the parent and child are residents of Oregon, for the parent to be eligible to participate in JOBS program activities. This rule also is being amended to make permanent the temporary rule changes made effective January 1, 2011.
  •       OAR 461-160-0015 about resource limits used in eligibility determinations for the Department’s programs is being amended to restate the resource limits that were effective January 1, 2011 for clients of the Qualified Medicare Beneficiaries (QMB) program and to make permanent the temporary changes made to this rule effective January 1, 2011.
  •       OAR 461-160-0400 about the use of income to determine eligibility and benefits in the Supplemental Nutrition Assistance Program (SNAP) is being amended to remove language allowing a filing group (individuals from the household whose circumstances are considered in the eligibility determination process) that included an elderly individual or an individual with a disability to be eligible for SNAP benefits when the filing group’s adjusted income equals or exceeds the adjusted income limit of the need group (the individuals whose basic and special needs are used in determining eligibility and benefit level). This rule also is being amended to make permanent the temporary rule changes made effective November 1, 2010.
  •       OAR 461-160-0430 about deductions from countable income made to determine adjusted income for the Supplemental Nutrition Assistance Program (SNAP) is being amended to restate the deduction amounts that were effective as of October 1, 2010. This rule also is being amended to make permanent the temporary rule changes made effective January 1, 2011.
  •       OAR 461-160-0700 about how the Department uses income when determining eligibility for Oregon Health Plan (OHP) and Healthy KidsConnect (HKC) program benefits is being amended to restate which countable income the Department uses for a client’s budget month (the calendar month from which information is used to determine eligibility and benefit level for the payment month). This rule also is being amended to remove the provision about how the Department determines the members of a need group following an Express Lane Agency (ELA) finding of eligibility. In addition, this rule is being amended to remove provisions allowing the Department to make an eligibility determination for an Oregon Health Plan - Persons Under 19 (OHP-CHP), Oregon Health Plan - Children (OHP-OPC), Oregon Health Plan - Children Under 6 (OHP-OP6), and Oregon Health Plan - Pregnant Females and their newborn children (OHP-OPP) program need group member or a need group member who was a victim of domestic violence to be eligible for OHP program benefits when the countable income of the financial group (the individuals whose income and resources count in determining eligibility) was below the applicable OHP program income standard even when the average countable income of the financial group equaled or exceeded the applicable OHP program income standard. This rule also is being amended to make permanent the temporary changes made effective January 1, 2011.
  •       OAR 461-170-0010 about the requirement that a client report changes in accordance with the reporting system to which the Department assigns the client is being amended to state the Department considers a client to have reported a change to the Department when that change is reported to Office of Private Health Partnerships (OPHP). This rule also is being amended to make permanent the temporary changes made November 1, 2010.
  •       OAR 461-190-0211 about the payments the Department provides to clients for support services (child care, housing, transportation, and other needs) to help a client successfully comply with the activities in the client’s case plan is being amended to state that a non-custodial parent of a child receiving Temporary Assistance for Needy Families (TANF) program benefits must be in a filing group (the individuals from the household whose circumstances are considered in the eligibility determination process) with income below the countable income limit standard under OAR 461-155-0030 to be eligible to receive support service payments. This rule also is being amended to make permanent the temporary rule changes made effective January 1, 2011.
  • Rules Coordinator: Annette Tesch—(503) 945-6067
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  • 461-110-0210
  • Household Group
  • (1) This rule describes who is included in the household group. The household group generally consists of the individuals who live together with or without the benefit of a dwelling. For homeless people, the household group consists of the individuals who consider themselves living together.
  • (2) A separate dwelling is not recognized for the purpose of determining the members of a household group unless the living space has, separate from any other dwelling, an access to the outside that does not pass through another dwelling, a functional sleeping area, bathroom, and kitchen facility.
  • (3) Each individual in the household group who applies for benefits is an applicant. The household group and applicants form the basis for determining who is in the remaining eligibility groups.
  • (4) For all programs except the SNAP program, a separate household group is established for individuals who live in the same dwelling as another household group, if all the following subsections are true:
  • (a) There is a landlord-tenant relationship between the two household groups in which the tenant is billed by the landlord at fair market value (see OAR 461-001-0000) for housing.
  • (b) The tenant lives independently from the landlord.
  • (c) The tenant:
  • (A) Has and uses sleeping, bathroom, and kitchen facilities separate from the landlord; or
  • (B) Shares bathroom or kitchen facilities with the landlord, but the facilities are in a commercial establishment that provides room or board or both for compensation at fair market value.
  • (5) Individuals who live with more than one household group during a calendar month are members of the household group in which they spend more than half of their time, except as follows:
  • (a) In the ERDC program, if a child (see OAR 461-001-0000) lives with different caretakers during the month, the child is considered a member of both household groups.
  • (b) In the MAA, MAF, and TANF programs:
  • (A) If a parent (see OAR 461-001-0000) sleeps at least 30 percent of the time during the calendar month in the home of the dependent child (see OAR 461-001-0000), the parent is in the same household group as the dependent child.
  • (B) A dependent child is included in the household group with the caretaker relative (see OAR 461-001-0000), who usually has the major responsibility for care and control of the dependent child, if the dependent child lives with two household groups in the same calendar month for at least one of the following reasons:
  • (i) Education.
  • (ii) The usual caretaker relative is gone from the household for part of the month because of illness.
  • (iii) A family emergency.
  • (c) In the SNAP program:
  • (A) The individual is a member of the household group that provides the individual more than half of his or her 21 weekly meals. If the individual is a child, the child is a member of the household group credited with providing the child more than half of his or her 21 weekly meals. A household group is credited with providing breakfast and lunch for each day the child departs that group’s home for school, even if the child eats no breakfast or lunch at that home.
  • (B) During the month in which a resident of a domestic violence shelter (see OAR 461-001-0000) enters the domestic violence shelter, the resident may be included both in the household group he or she left and in a household group in the domestic violence shelter.
  • (6) In the OSIPM program, individuals receiving waivered care or nursing facility care are each an individual household group.
  • (7) In the QMB program, the household group consists of the client and the client’s spouse (see OAR 461-001-0000), even if the spouse does not meet all nonfinancial eligibility requirements.
  • (8) Individuals absent from the household for 30 days or more are no longer part of the household group, except for the following:
  • (a) In all programs except the SNAP program, an individual in an acute care medical facility remains in the household group unless the individual enters long-term care.
  • (b) In the CEC, CEM, ERDC, EXT, HKC, MAA, MAF, OHP, REF, REFM, SAC, and TANF programs:
  • (A) A caretaker relative who is absent for up to 90 days while in a residential alcohol or drug treatment facility is in the household group.
  • (B) A child who is absent for 30 days or more is in the household group if the child is:
  • (i) Absent for illness (unless the child is in a long-term care Title XIX facility), social service, or educational reasons;
  • (ii) In foster care, but expected to return to the household within the next 30 days; or
  • (iii) For the OHP program only, in a residential alcohol or drug treatment facility. If the household group of the child in a residential alcohol or drug treatment facility is ineligible because of income, the child is a separate household group.
  • (c) In the ERDC, HKC, and OHP programs, an individual in the household group who is absent because of education, training, or employment, including long-haul truck driving, fishing, or active duty in the U.S. armed forces.
  • (d) In the MAA, MAF, and REFM programs, in a two-parent household, a parent remains in the household group if the requirements of both of the following paragraphs are met:
  • (A) The parent is absent because of education, training or employment — including absence while working or looking for work outside the area of his or her residence, such as long-haul truck driving, fishing, or active duty in the U.S. armed forces; and
  • (B) The other parent remains in the home.
  • (e) In the REF and TANF programs when a filing group includes more than one caretaker relative (see OAR 461-001-0000), a caretaker relative in the household group who is absent because of education, training, or employment — including absence while working or looking for work outside the area of his or her residence, such as long-haul truck driving, fishing, or active duty in the U.S. armed forces.
  • (9) In the OSIP-EPD and OSIPM-EPD programs, the household group consists only of the individual applying for or receiving benefits.
  • Stat. Auth.: ORS 411.060, 411.070, 411.404, 411.704, 411.706, 411.816, 412.049, 414.025, 414.826, 414.831, 414.839
  • Stats. Implemented: ORS 411.060, 411.070, 411.404, 411.704, 411.706, 411.816, 412.049, 414.025, 414.826, 414.831, 414.839
  • Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 13-1994, f. & cert. ef. 7-1-94; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98; AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99; AFS 3-1999, f. 3-31-99, cert. ef. 4-1-99; AFS 5-1999(Temp), f. & cert. ef. 4-1-99 thru 6-30-99; AFS 9-1999, f. & cert. ef. 7-1-99; AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00; AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01; AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SSP 18-2010, f. & cert. ef. 7-1-10; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-110-0310
  • Filing Group; Overview
  • (1) The requirements specific to individual programs for how the Department determines the members of a filing group are found in OAR 461-110-0330 to 461-110-0430.
  • (2) The filing group consists of the individuals from the household group (see OAR 461-110-0210) whose circumstances are considered in the eligibility determination process. The filing group consists of the following:
  • (a) Each individual from the household group who chooses to apply for benefits; and
  • (b) Each individual who must apply for benefits because of his or her relationship to an individual described in subsection (a) of this section.
  • (3) If the filing group does not include at least one applicant who meets all nonfinancial eligibility requirements, the filing group is ineligible.
  • (4) When an individual in a household group is in more than one filing group for the same program, the filing groups must be combined, unless specified otherwise in administrative rule.
  • Stat. Auth.: ORS 411.060, 411.816, 414.042, 412.049
  • Stats. Implemented: ORS 411.060, 411.816, 411.825, 414.042, 412.049
  • Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 2-1994, f. & cert. ef. 2-1-94; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-110-0330
  • Filing Group; EXT, MAA, TANF
  • (1) In the EXT and MAA programs, a filing group must include a dependent child (see OAR 461-001-0000) or unborn child and the following household group (see OAR 461-110-0210) members, even if the member is not an applicant or does not meet nonfinancial eligibility (see OAR 461-001-0000) requirements:
  • (a) Each parent (see OAR 461-001-0000) of a dependent child in the filing group.
  • (b) Each parent of an unborn child in the filing group.
  • (c) Each sibling (see OAR 461-001-0000) of a dependent child in the filing group, except as specified in section (4) of this rule. The sibling must be less than 18 years of age, or 18 years of age and attending school full time.
  • (d) A caretaker relative (see OAR 461-001-0000).
  • (e) For a needy caretaker relative of a dependent child in the filing group, the spouse (see OAR 461-001-0000) and each dependent child of the needy caretaker relative.
  • (2) In the TANF program, a filing group must include a dependent child or unborn child and the following household group members (even if the member is not an applicant or does not meet nonfinancial eligibility requirements):
  • (a) Each parent of a dependent child in the filing group.
  • (b) Each parent of an unborn child in the filing group.
  • (c) Each sibling of a dependent child in the filing group, except as specified in section (4) of this rule. The sibling must be less than 18 years of age, or 18 years of age and attending school full time.
  • (d) A caretaker relative of the dependent child in the filing group, and the spouse and each dependent child of the caretaker relative.
  • (3) In the EXT, MAA, and TANF programs:
  • (a) A dependent child is not included in the filing group if he or she:
  • (A) Is or will be receiving foster care payments for more than 30 days (see OAR 461-145-0200);
  • (B) Is receiving adoption assistance (see OAR 461-145-0001); or
  • (C) Is receiving Title IV-E subsidized guardianship assistance payments (see OAR 461-145-0200).
  • (b) A parent of a minor parent (see OAR 461-001-0000) is not in the filing group of the minor parent if:
  • (A) The minor parent does not reside with his or her parent; or
  • (B) The parent of the minor parent is in the household group of the minor parent but is not applying for the MAA or TANF program for the minor parent or any sibling of the minor parent.
  • Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.006, 412.049, 412.064, 412.124, 418.005
  • Stats. Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.816, 412.006, 412.049, 412.064, 418.005
  • Hist:. AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09; SSP 8-2009(Temp), f. 4-20-09, cert. ef. 5-1-09 thru 10-28-09; SSP 28-2009, f. & cert. ef. 10-1-09; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-110-0340
  • Filing Group; MAF and SAC
  • (1) In the MAF program, a filing group consists of the following individuals:
  • (a) Each applicant who meets all nonfinancial eligibility requirements.
  • (b) Each of the following household group (see OAR 461-110-0210) members, even if the member did not apply or does not meet nonfinancial eligibility requirements:
  • (A) Each parent (see OAR 461-001-0000) of a dependent child (see OAR 461-001-0000) in the filing group.
  • (B) Each parent of an unborn child, as follows:
  • (i) If there is no other dependent child in the filing group, both the mother and the father are in the filing group.
  • (ii) If there is another dependent child in the filing group, the mother is in the filing group. The father is in the filing group only if he is the father of a dependent child in the filing group or is legally married (see OAR 461-001-0000) to the mother.
  • (c) Except as provided in subsection (2)(a) of this rule, each sibling (see OAR 461-001-0000) of a dependent child if the sibling meets all of the following nonfinancial eligibility requirements:
  • (A) The age requirement in OAR 461-120-0510.
  • (B) The requirement to live with a caretaker relative (see OAR 461-001-0000) under OAR 461-120-0630.
  • (C) A deprivation requirement of the MAF program, described under OAR 461-125-0010.
  • (D) The citizenship or alien status requirements in OAR 461-120-0110.
  • (2) Notwithstanding the requirements of section (1) of this rule, in the MAF program:
  • (a) A sibling of a dependent child may be excluded from the filing group if the sibling is receiving adoption assistance (see OAR 461-001-0000) or guardianship assistance (see OAR 461-145-0001 and 461-145-0200) and if counting the sibling’s income causes the filing group to be ineligible for benefits.
  • (b) A dependent child is not included in the filing group if the dependent child is or will be receiving foster care payments for more than 30 days.
  • (c) A minor parent (see OAR 461-001-0000) may form a separate filing group with his or her dependent child or children when the minor parent lives with an adult relative who is not his or her parent.
  • (3) In the SAC program, the filing group includes each household group member who meets all nonfinancial eligibility requirements.
  • Stat. Auth.: ORS 411.060, 411.070, 411.404, 414.231
  • Stats. Implemented: ORS 411.060, 411.070, 411.404, 414.025, 414.231
  • Hist.: AFS 9-1997, f. & cert. ef. 7-1-97; AFS 10-2002, f. & cert. ef. 7-1-02; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-110-0350
  • Filing Group; ERDC
  • In the ERDC program:
  • (1) The filing group consists of each of the following applicants and household group (see OAR 461-110-0210) members, even if the individual does not meet nonfinancial eligibility requirements:
  • (a) The caretaker (see OAR 461-001-0000) of the child for whom ERDC benefits are requested, except this does not apply to a child care provider caring for the child of an individual:
  • (A) Who is a member of a National Guard or U.S. Armed Forces Reserve unit; and
  • (B) Who has been called to active duty away from the child’s home for more than 30 days.
  • (b) An unmarried child and any sibling (see OAR 461-001-0000), less than 18 years of age or 18 years of age and attending secondary school or vocational training at least half time, in the care and custody of the caretaker. A foster child is included if the caretaker wants to include the child in the need group (see OAR 461-001-0000).
  • (c) Any parent (see OAR 461-001-0000) of a child required to be in the filing group.
  • (d) Any parent of an unborn child, if the sibling of the unborn child is required to be in the filing group.
  • (e) The spouse (see OAR 461-001-0000) of the caretaker. This includes two individuals not legally married to each other, but presenting themselves to the community as being domestic partners by:
  • (A) Representing themselves as domestic partners to friends, relatives, neighbors, tradespeople, and others; and
  • (B) Sharing living expenses and household duties.
  • (2) A minor parent (see OAR 461-001-0000) may form a separate filing group with his or her dependent child or children when the minor parent applies as the caretaker.
  • Stat. Auth.: ORS 411.060
  • Stats. Implemented: ORS 411.060
  • Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 19-1997, f. & cert. ef. 10-1-97; SSP 32-2003(Temp), f. & cert. ef. 12-17-03 thru 3-31-04; SSP 8-2004, f. & cert. ef. 4-1-04; SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09; SSP 5-2009, f. & cert. ef. 4-1-09; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-110-0370
  • Filing Group; SNAP
  • In the SNAP program:
  • (1) Except as provided in this rule, the filing group consists of members of a household group (see OAR 461-110-0210) who choose to apply together or customarily purchase and prepare meals together.
  • (2) Except as provided in sections (3) and (8) of this rule, the following household group members must be in the same filing group, even if they do not customarily purchase and prepare meals together:
  • (a) Each spouse (see OAR 461-001-0000).
  • (b) A parent (see OAR 461-001-0000) and his or her child under age 22 living with the parent.
  • (c) A household group member and any child under age 18 who lives with and is under parental control of that household group member. For the purposes of this subsection, “parental control” means the adult is responsible for the care, control, and supervision of the child or the child is financially dependent on the adult.
  • (3) In the following specific situations, the Department forms a filing group as indicated:
  • (a) An individual is not included in the filing group if, during the month the group applied for SNAP program benefits, the individual received SSI benefits through the state of California. This exclusion applies only in the month the group applied and, if necessary to meet notice requirements, in the month following the month the group applied.
  • (b) An individual is not included in the filing group if during the month the group applied for SNAP program benefits the individual received SNAP program benefits in another household and was not the head of household in the prior household. This exclusion applies only in the month the group applied and, if necessary to meet notice requirements, in the month following the month the group applied.
  • (c) An elderly (see OAR 461-001-0015) individual and his or her spouse may be considered a separate filing group from others with whom the elderly individual purchases and prepares meals, if:
  • (A) The elderly individual is unable to purchase or prepare food because of a permanent and severe disabling condition; and
  • (B) The combined income of the other members of the household group does not exceed the following limit: [Table not included. See ED. NOTE]
  • (4) A paid live-in attendant may choose not to be in the filing group with the recipient of the services provided, unless required by section (2) of this rule to be in the same filing group.
  • (5) An individual in foster care, the individual’s spouse, and each child under age 22 living with the individual are not eligible to participate in the SNAP program independently of the care or service provider’s filing group, but may be included in the provider’s filing group if the provider applies for benefits.
  • (6) Unless required under section (2) of this rule, the following household group members may form a separate filing group from other members of the household group:
  • (a) A resident of an alcohol or drug treatment and rehabilitation program certified by the Department for which an employee of the facility is the authorized representative (see OAR 461-135-0550). A resident’s spouse in the same facility may be in a separate filing group, but a child of a resident must be in the same filing group as the resident.
  • (b) A resident in group living (see OAR 461-001-0015).
  • (c) A resident of a public or private non-profit homeless or domestic violence shelter (see OAR 461-135-0510).
  • (d) An individual who is a resident of federally subsidized housing for the elderly, an individual with a disability, or blind recipient of benefits under Title I, II, X, XIV, or XVI of the Social Security Act.
  • (7) A member of the household group who pays the filing group for room and board (lodger) is treated as follows:
  • (a) A lodger cannot participate in the SNAP program independently of the household group when the lodger pays a reasonable amount for room and board. A reasonable amount is:
  • (A) An amount that equals or exceeds the Thrifty Food Plan for the individual and anyone in that individual’s filing group (see OAR 461-155-0190(2)), if more than two meals per day are provided; or
  • (B) An amount that equals or exceeds two-thirds of the Thrifty Food Plan for the individual and anyone in the individual’s filing group, if two or fewer meals per day are provided.
  • (b) A lodger may participate in the SNAP program independently of the household group when the lodger pays less than a reasonable amount for room and board.
  • (8) A household group member is not included in the filing group, if the member is:
  • (a) A resident of a commercial boarding house; or
  • (b) An ineligible student, as defined in OAR 461-135-0570.
  • (9) A household group member may be included in two filing groups in the same month, if the member:
  • (a) Is a resident of a domestic violence shelter (see OAR 461-001-0000) or safe home (see OAR 461-001-0000); and
  • (b) Recently left the household group containing the member’s abuser.
  • [ED. NOTE: Tables referenced are available from the agency.]
  • Stat. Auth.: ORS 411.816
  • Stats. Implemented: ORS 411.816, 411.825
  • Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91; AFS 20-1991, f. & cert. ef. 10-1-91; AFS 28-1992, f. & cert. ef. 10-1-92; AFS 1-1993, f. & cert. ef. 2-1-93; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 6-1994, f. & cert. ef. 4-1-94; AFS 19-1994, f. & cert. ef. 9-1-94; AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 32-1996(Temp), f. & cert. ef. 9-23-96; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 15-1998(Temp), f. 9-15-98, cert. ef. 10-1-98 thru 10-31-98; AFS 22-1998, f. 10-30-98, cert. ef. 11-1-98; AFS 11-1999, f. & cert. ef. 10-1-99; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01; AFS 22-2001, F. & cert. ef. 10-1-01; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 23-2003, f. & cert. ef. 10-1-03; SSP 22-2004, f. & cert. ef. 10-1-04; SSP 7-2005, f. & cert. ef. 7-1-05; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 5-2009, f. & cert. ef. 4-1-09; SSP 28-2009, f. & cert. ef. 10-1-09; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-110-0390
  • Filing Group; GA, GAM
  • In the GA and GAM programs, the filing group consists of the applicant and the applicant’s spouse (see OAR 461-001-0000).
  • Stat. Auth.: ORS 411.060
  • Stats. Implemented: ORS 411.060
  • Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 19-1993, f. & cert. ef. 10-1-93; SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04; SSP 6-2004, f. & cert. ef. 4-1-04; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-110-0400
  • Filing Group; HKC, OHP
  • In the HKC and OHP programs, filing groups are formed from the household group (see OAR 461-110-0210) as follows:
  • (1) A filing group consists of one individual, if that individual is not required by this rule to be in a filing group with another individual.
  • (2) The following individuals must be in the same filing group, even if they are not applicants or do not meet all nonfinancial eligibility requirements:
  • (a) Individuals legally married (see OAR 461-001-0000) to each other and each child of either spouse (see OAR 461-001-0000).
  • (b) With respect to a child or unborn, each parent (see OAR 461-001-0000) of the child or unborn and the children of each parent.
  • (c) Each sibling (see OAR 461-001-0000) under 19 years of age.
  • (3) A child whose caretaker relative (see OAR 461-001-0000) is not the child’s parent may constitute a separate filing group or may be in a filing group with the caretaker relative, at the option of the caretaker relative.
  • Stat. Auth.: ORS 411.060, 411.070, 411.404, 414.231
  • Stats. Implemented: ORS 411.060, 411.070, 411.404, 414.025, 414.231, 414.826, 414.831
  • Hist.: AFS 2-1994, f. & cert. ef. 2-1-94; AFS 13-1994, f. & cert. ef. 7-1-94; AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01; AFS 5-2002, f. & cert. ef. 4-1-02; SSP 23-2003, f. & cert. ef. 10-1-03; SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SSP 18-2010, f. & cert. ef. 7-1-10; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-110-0410
  • Filing Group; OSIP, OSIPM, QMB
  • (1) In the OSIPM program (except OSIPM-EPD and OSIPM-IC):
  • (a) Except as provided in subsection (b) of this section, for applicants who live in a standard living arrangement (see OAR 461-001-0000), the filing group consists of each applicant and the spouse (see OAR 461-001-0000) of each applicant.
  • (b) For an applicant who is a child (see OAR 461-001-0000) living in a standard living arrangement and not assumed eligible, the filing group consists of each applicant and each parent (see OAR 461-001-0000) of an applicant.
  • (2) In the OSIPM program (except OSIPM-EPD and OSIPM-IC), when individuals live in a nonstandard living arrangement (see OAR 461-001-0000), the filing group consists only of the individual applying for
    benefits.
  • (3) In the OSIPM-EPD and OSIPM-IC programs, the filing group consists only of the individual applying for benefits.
  • (4) In the QMB program, whether in a standard living arrangement or a nonstandard living arrangement, the filing group consists of each applicant and the following household members:
  • (a) The spouse of an applicant.
  • (b) Each parent of a child, if the child is applying and not assumed eligible.
  • (c) Each child of the applicant, if the applicant wants to include the child in the need group (see OAR 461-110-0630).
  • Stat. Auth.: ORS 411.060, 411.070, 411.404, 411.706
  • Stats. Implemented: ORS 411.060, 411.070, 411.404, 411.706
  • Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 1-1993, f. & cert. ef. 2-1-93; AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95; AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97; AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99; AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99; AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01; SSP 22-2004, f. & cert. ef. 10-1-04; SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 17-2008, f. & cert. ef. 7-1-08; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-110-0430
  • Filing Group; REF, REFM
  • In the REF and REFM programs:
  • (1) The filing group consists of only the individuals described in at least one of the following three subsections:
  • (a) A single adult who has no spouse (see OAR 461-001-0000) or dependent child (see OAR 461-001-0000) in the household group (see OAR 461-110-0210).
  • (b) A legally married (see OAR 461-001-0000) couple who is in the same household group and has no dependent child.
  • (c) A TANF program filing group (see OAR 461-110-0330) that is ineligible for TANF program benefits.
  • (2) A separate REF and REFM program filing group may be formed within a household group consisting of only the newly arriving refugees, if all of the following requirements are met:
  • (a) The newly arrived refugee is rejoining a spouse (see OAR 461-001-0000) or a parent (see OAR 461-001-0000) of a common child in the household group who does not meet the REF program eligibility requirement under OAR 461-135-0900(4);
  • (b) The previously arrived spouse or parent of a common child meets the requirements of both of the following paragraphs:
  • (A) Is working and the individual’s income is equal to or exceeds both the REF and TANF program countable (see OAR 461-001-0000) income and adjusted income (see OAR 461-001-0000) limits (see OAR 461-155-0030); and
  • (B) Has been in the United States for more than eight months.
  • (c) There is at least one adult in the new filing group.
  • (3) A separate REF and REFM program filing group may be formed within a household group consisting of only the newly arriving refugees, if the spouse of the refugee does not meet the requirements of OAR 461-135-0900(2).
  • Stat. Auth.: ORS 411.060, 411.070, 412.006, 412.049, 412.064
  • Stats. Implemented: ORS 411.060, 411.070, 412.006, 412.049, 412.064
  • Hist.: AFS 9-1997, f. & cert. ef. 7-1-97; AFS 10-2002, f. & cert. ef. 7-1-02; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 32-2010, f. & cert. ef. 10-1-10; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-110-0530
  • Financial Group
  • (1) Except as provided in section (5) of this rule, a “financial group” consists of the filing group members whose income and resources the Department considers in determining eligibility (see OAR 461-001-0000) and benefits.
  • (2) In the EXT, MAA, MAF, REF, REFM, and SAC programs, the financial group consists of each individual in the filing group, except the following:
  • (a) 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 (see OAR 461-110-0630); and
  • (b) An individual who is eligible for and receives an SSI cash payment.
  • (3) In the HKC and OHP programs, the financial group consists of each individual in the filing group (including those receiving SSI benefits), except a caretaker relative (other than a parent) who chooses not to be included in the need group.
  • (4) In the OSIPM (except OSIPM-EPD) program:
  • (a) For the purposes of this section of this rule, “ineligible” means an individual not eligible to receive either SSI or TANF program benefits.
  • (b) When an individual lives in a standard living arrangement (see OAR 461-001-0000):
  • (A) Except as provided in paragraph (B) of this subsection, each member of the filing group is in the financial group.
  • (B) When an individual is not assumed eligible (see OAR 461-135-0010) for OSIPM:
  • (i) The individual’s spouse (see OAR 461-001-0000) who is ineligible and in the filing group is not in the financial group if the individual’s adjusted income (see OAR 461-001-0000) using the deductions allowed under OAR 461-160-0550(3) is greater than the OSIPM program adjusted income standard for a need group of one under OAR 461-155-0250. The financial group consists only of the individual.
  • (ii) If the ineligible spouse’s remaining income after allocation (see OAR 461-160-0551) to each ineligible child is equal to or less than the difference between the couple and the individual SSI standards: the spouse who is ineligible is not considered to be in the financial group when determining income eligibility; however, the spouse is considered to be in the financial group when determining resource eligibility.
  • (c) When an individual lives in a nonstandard living arrangement (see OAR 461-001-0000), the financial group consists only of the individual applying for benefits, except that the community spouse (see OAR 461-001-0030) is included in the financial group to determine initial eligibility. At initial eligibility, the resources of the community spouse are considered and the provisions of OAR 461-160-0580 apply. The income of the community spouse is not considered in determining initial eligibility, and the community spouse is not included in any other eligibility group.
  • (5) In the TANF program, the financial group consists of each individual in the filing group except the following:
  • (a) A caretaker relative, other than a parent, who chooses not to be included in the need group and has income less than the non-needy countable income limit standard (see OAR 461-155-0030) for the filing group of the caretaker relative;
  • (b) The spouse of a caretaker relative, when the caretaker relative meets the requirements under subsection (a) of this section;
  • (c) A dependent child of a caretaker relative when the caretaker relative meets the requirements under subsection (a) of this section;
  • (d) An individual in the filing group solely due to the requirements of OAR 461-110-0310(1)(b); and
  • (e) An individual who is eligible for and receives an SSI cash payment.
  • (6) In the ERDC, GA, OSIPM-EPD, QMB, and SNAP programs, the financial group consists of each individual in the filing group.
  • Stat. Auth.: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.049, 412.064, 412.124, 414.231, 414.712
  • Stats. Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.006, 412.049, 412.064, 412.124, 414.025, 414.231, 414.712, 414.826, 414.831, 414.839
  • Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 17-2008, f. & cert. ef. 7-1-08; SSP 8-2009(Temp), f. 4-20-09, cert. ef. 5-1-09 thru 10-28-09; SSP 13-2009, f. & cert. ef. 7-1-09; SSP 14-2009(Temp), f. & cert. ef. 7-1-09 thru 10-28-09; SSP 28-2009, f. & cert. ef. 10-1-09; SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SSP 18-2010, f. & cert. ef. 7-1-10; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-110-0630
  • Need Group
  • (1) The “need group” consists of the individuals whose basic and special needs are used in determining eligibility (see OAR 461-001-0000) and benefit level.
  • (2) In the EA, REF, and REFM programs, the need group consists of the members of the financial group (see OAR 461-110-0530) who meet all nonfinancial eligibility requirements, except that members disqualified for an intentional program violation are not in the need group.
  • (3) In the ERDC, OSIPM-EPD, QMB, and SAC programs, the need group consists of each member of the financial group.
  • (4) In the EXT program, the need group consists of each member of the financial group except an individual excluded from the need group for not complying with social security number requirements under OAR 461-120-0210.
  • (5) In the SNAP program, the need group consists of the members of the financial group who meet all nonfinancial eligibility requirements, except the following individuals are not in the need group:
  • (a) A member disqualified for an intentional program violation (see OAR 461-195-0601).
  • (b) A fleeing felon under OAR 461-135-0560.
  • (c) An individual violating a condition of state or federal parole, probation, or post-prison supervision under OAR 461-135-0560.
  • (6) In the GA and GAM programs, the need group consists of each member of the financial group except that the following individuals may not be in the need group:
  • (a) A fleeing felon under OAR 461-135-0560.
  • (b) An individual in violation of a condition of state or federal parole, probation, or post-prison supervision under OAR 461-135-0560.
  • (c) An individual not complying with social security number requirements under OAR 461-120-0210.
  • (7) In the MAA and TANF programs, the need group is formed as follows:
  • (a) Except as provided in subsection (b) of this section, the need group consists of the members of the financial group who meet all nonfinancial eligibility requirements other than the citizenship and alien status requirements of OAR 461-120-0110 or the citizenship documentation requirements of OAR 461-115-0705.
  • (b) The need group may not include:
  • (A) A parent (see OAR 461-001-0000) who is in foster care and for whom foster care payments are being made.
  • (B) An unborn child.
  • (C) In the TANF program:
  • (i) An individual who may not be in the need group because of a disqualification penalty.
  • (ii) An individual who may not be in the need group because the individual has exceeded the 60-month time limit and does not meet any of the exceptions listed in OAR 461-135-0075.
  • (iii) A fleeing felon under OAR 461-135-0560.
  • (iv) An individual violating a condition of state or federal parole, probation, or post-prison supervision under OAR 461-135-0560.
  • (8) In the MAF program, the need group consists of the members of the financial group who meet all nonfinancial eligibility requirements other than the citizen and alien status requirements of OAR 461-120-0110 or the citizenship documentation requirements of OAR 461-115-0705, except for the following individuals:
  • (a) A parent who is in foster care and for whom foster care payments are being made.
  • (b) The father of an unborn child who has no eligible dependent children.
  • (9) In the HKC and OHP programs:
  • (a) An unborn child of a pregnant female is included in the need group.
  • (b) Except as provided in OAR 461-150-0055(5), the need group consists of each member of the financial group.
  • (10) In the OSIPM (except OSIPM-EPD) program:
  • (a) If a child is applying, the need group consists of the child.
  • (b) In all other situations, the need group consists of each member of the financial group.
  • Stat. Auth.: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.049, 414.231
  • Stats. Implemented: ORS 411.060, 411.070, 411.404, 411.704, 411.706, 411.816, 412.049, 414.025, 414.231, 414.826, 414.831, 414.839
  • Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90; AFS 6-1991(Temp), f. & cert. ef. 2-8-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04; SSP 6-2004, f. & cert. ef. 4-1-04; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 7-2006(Temp), f. 3-31-06, cert. ef. 4-1-06 thru 9-28-06; SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 17-2008, f. & cert. ef. 7-1-08; SSP 13-2009, f. & cert. ef. 7-1-09; SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SSP 18-2010, f. & cert. ef. 7-1-10; SSP 25-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11; SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-110-0750
  • Benefit Group
  • (1) A “benefit group” consists of the individuals who receive benefits.
  • (2) Except as provided in section (3) of this rule, for an individual not assumed eligible (see OAR 461-135-0010), the benefit group consists of each individual from the need group (see OAR 461-110-0630) requesting benefits who meets all financial and nonfinancial eligibility requirements.
  • (3) In the GA and GAM programs, the following individuals are not in the benefit group:
  • (a) An individual receiving or deemed to be receiving SSI or SSDI benefits.
  • (b) An individual who meets the non-disability eligibility requirements under Title II of the Social Security Act.
  • (4) For individuals assumed eligible (see OAR 461-135-0010), the benefit group consists of the individuals who are in the benefit group of the program used to assume eligibility.
  • Stat. Auth.: ORS 411.060, 411.404, 411.816, 412.014, 412.049
  • Stats. Implemented: ORS 411.060, 411.404, 411.816, 412.014, 412.049
  • Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03; SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04; SSP 6-2004, f. & cert. ef. 4-1-04; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 8-2006, f. & cert. ef. 6-1-06; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-115-0705
  • Required Verification; BCCM, HKC, MAA, MAF, OHP, SAC
  • (1) This rule establishes verification requirements for the BCCM, EXT, HKC, MAA, MAF, OHP, and SAC programs in addition to the requirements of OAR 461-115-0610.
  • (2) Except as provided in section (3) of this rule, each client declaring U.S. citizenship must provide acceptable documentation of citizenship and identity. For purposes of this rule, acceptable documentation consists of any of the documents permitted under section 1903(x) of the Social Security Act (42 U.S.C. 1396b).
  • (a) A new applicant must provide acceptable documentation as a condition of eligibility (see OAR 461-001-0000). Except for an applicant whose medical benefits previously were closed after March 31, 2009 for not providing acceptable documentation, an applicant’s medical assistance may not be delayed for citizenship documentation while the eligibility decision is pending if all other medical assistance eligibility requirements have been met.
  • (b) A current recipient who has not already provided acceptable documentation must provide acceptable documentation as a condition of eligibility when requested by the Department.
  • (c) A client who already has provided acceptable documentation is not required to provide additional evidence during a subsequent application for benefits or redetermination of eligibility.
  • (3) Each of the following clients is exempt from the requirements of section (2) of this rule, a client who is:
  • (a) Assumed eligible under OAR 461-135-0010(5);
  • (b) Eligible for or receiving Medicare;
  • (c) Presumptively eligible for the BCCM program;
  • (d) Receiving Social Security Disability Income (SSDI); or
  • (e) Receiving Title IV-E benefits.
  • (4) At initial application and at any other time it affects the client, the following must be verified:
  • (a) The requirement in OAR 461-120-0210 to have or apply for a social security number.
  • (b) Alien status for an applicant who indicates he or she is not a U.S. citizen, and for a client who meets the alien status requirement under OAR 461-120-0125(4)(b) the client’s alien status must be verified at each certification.
  • (5) When the pregnancy of a client is first reported, it must be verified by a medical practitioner, health department, clinic, or crisis pregnancy center or similar facility.
  • (6) In the HKC, MAA, MAF, OHP, and SAC programs, at initial application, recertification, and at any other time it affects the client, the Department must verify the client’s statement of income. If no verification is available, the Department accepts the client’s statement.
  • (7) In the OHP-OPU program:
  • (a) The Department must verify the premium exemption allowed because a client is:
  • (A) A member of a federally recognized Indian tribe, band, or group;
  • (B) An Eskimo, Aleut, or other Alaska native enrolled by the Secretary of the Interior pursuant to the Alaska Native Claims Settlement Act; or
  • (C) An individual eligible for benefits through an Indian Health Program.
  • (b) A client enrolled full time in higher education must provide verification, at application and recertification, that the client meets the requirements of OAR 461 135 1110.
  • (8) In the EXT, MAA, MAF, OHP-OPC, and OHP-OP6 programs, the amount of the premium for cost-effective employer-sponsored health insurance must be verified.
  • (9) A client must provide verification for any eligibility requirement in sections (4) to (8) of this rule questioned by the Department.
  • Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.404, 414.231
  • Stats. Implemented: ORS 409.010, 411.060, 411.070, 411.400, 411.404, 414.025, 414.231, 414.428, 414.826, 414.831, 414.839
  • Hist.: AFS 2-1994, f. & cert. ef. 2-1-94; AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 41-1995, f. 12-26-95, cert. ef. 1-1-96; AFS 15-1996, f. 4-29-96, cert. ef. 5-1-96; AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99; AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01; SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03; SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04; SSP 22-2004, f. & cert. ef. 10-1-04; SSP 12-2006(Temp), f. & cert. ef. 9-1-06 thru 12-31-06; Suspended by SSP 13-2006(Temp), f. & cert. ef. 9-25-06 thru 12-31-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 8-2008, f. & cert. ef. 4-1-08; SSP 10-2009(Temp), f. & cert. ef. 5-6-09 thru 9-28-09; SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SSP 17-2010(Temp), f. & cert. ef. 5-28-10 thru 6-30-10; SSP 18-2010, f. & cert. ef. 7-1-10; SSP 19-2010(Temp), f. & cert. ef. 7-1-10 thru 11-24-10; SSP 32-2010, f. & cert. ef. 10-1-10; SSP 37-2010(Temp), f. & cert. ef. 11-1-10 thru 4-30-11; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-120-0210
  • Requirement to Provide or Apply for SSN
  • (1) In the CAWEM, ERDC, REF, and REFM programs, a member of a need group (see OAR 461-110-0630) or a benefit group (see OAR 461-110-0750) is not required to provide or apply for a social security number (SSN). In these programs, the Department may request that a member of the filing group or need group provide an SSN on a voluntary basis.
  • (2) In the EA and TA-DVS programs, an individual must provide his or her SSN if the individual can.
  • (3) Except as provided in section (5) of this rule, in the BCCM, CEC, CEM, EXT, HKC, MAA, MAF, OHP, OSIP, OSIPM, QMB, and SAC programs, to be included in the benefit group, an individual must:
  • (a) Provide a valid SSN for the individual; or
  • (b) Apply for a number if the individual does not have a valid one and provide the SSN when it is received.
  • (4) Except as provided in sections (5) to (7) of this rule, in all programs not covered by sections (1) to (3) of this rule, to be included in the need group, an individual (other than an unborn) must:
  • (a) Provide a valid SSN for the individual; or
  • (b) Apply for a number if the individual does not have one and provide the SSN when it is received.
  • (5) In the BCCM, CEC, CEM, EXT, GA, GAM, HKC, MAA, MAF, OHP, OSIP, OSIPM, QMB, SAC, and SNAP programs, an individual is not required to apply for or provide an SSN if the individual is:
  • (a) A member of religious sect or division of a religious sect that has continuously existed since December 31, 1950; and
  • (b) Adheres to its tenets or teachings that prohibit applying for or using an SSN.
  • (6) The requirement to apply for or provide the SSN is delayed as follows:
  • (a) In the BCCM, CEC, CEM, EXT, MAA, MAF, OHP, and SAC programs, a newborn who is assumed eligible based on the eligibility of the mother of the newborn may receive benefits until one year of age without meeting the SSN requirements of section (4) of this rule.
  • (b) In the SNAP program:
  • (A) An applicant eligible for expedited services may receive his or her first full month’s allotment without meeting the SSN requirement but must meet the requirement before receiving a second full month’s allotment.
  • (B) Before applying for or providing an SSN, a newborn may be added to an existing benefit group (see OAR 461-110-0750) for six months following the date the child is born or until the group’s next recertification, whichever is later.
  • (c) In the TANF program, without meeting the SSN requirements of section (4) of this rule, a newborn child born in Oregon may be added to the benefit group for six months following the child’s date of birth or until the next redetermination of eligibility of the filing group (see OAR 461-110-0330), whichever is sooner.
  • (7) In the SNAP program:
  • (a) An individual who refuses or fails without good cause to provide or apply for an SSN when required by this rule is ineligible to participate. This period of ineligibility continues until the individual provides the SSN to the Department.
  • (b) An individual may participate in SNAP for one month in addition to the month of application, if the individual can show good cause why the application for an SSN has not been completed. To continue to participate, the individual must continue to show good cause each month until the application for an SSN is complete with Social Security Administration.
  • (c) An individual meets the good cause requirement in subsections (a) and (b) of this section if the individual provides evidence or collateral information that the individual applied for or made every effort to supply the Social Security Administration with the necessary information to complete the application process. Delays due to illness not associated with a disability (see OAR 461-001-0015), lack of transportation, or temporary absence do not qualify as good cause under this rule.
  • (8) This rule authorizes or requires the collection of an SSN for each of the following purposes.
  • (a) The determination of eligibility for benefits. The SSN is used to verify income and other assets, and match with other state and federal records such as the Internal Revenue Service (IRS), Medicaid, child support, Social Security benefits, and unemployment benefits.
  • (b) The preparation of aggregate information and reports requested by funding sources for the program providing benefits.
  • (c) The operation of the program applied for or providing benefits.
  • (d) Conducting quality assessment and improvement activities.
  • (e) Verifying the correct amount of payments, recovering overpaid benefits, and identifying any individual receiving benefits in more than one household.
  • Stat. Auth.: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049
  • Stats. Implemented: ORS 411.060, 411.070, 411.404, 411.704, 411.706, 411.816, 412.014, 412.049, 414.025, 414.826, 414.831, 414.839
  • Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 9-1999, f. & cert. ef. 7-1-99; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01; SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SSP 18-2010, f. & cert. ef. 7-1-10; SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-135-0095
  • Specific Requirements; EXT
  • (1) To be eligible for EXT benefits, at least one member of the filing group (see OAR 461-110-0330) must meet the requirements of one of the following subsections:
  • (a) Have been eligible for and received MAA or MAF program benefits and then become ineligible for one of the following reasons:
  • (A) An increase in the earned income (see OAR 461-145-0120) of the caretaker relative (see OAR 461-001-0000); or
  • (B) A combination of an increase in both the earned income of the caretaker relative and the child support received.
  • (b) Have been eligible for and received MAA or MAF program benefits for three of the six months prior to becoming ineligible due to an increase in child support received.
  • (2) If the filing group becomes ineligible for MAA or MAF when another change occurs in conjunction with the increase in earned income or child support, the filing group is not eligible for EXT if the other change, by itself, makes the filing group ineligible for MAA or MAF.
  • (3) Eligibility for EXT is limited to the members of the MAA or MAF benefit group (see OAR 461-110-0750) at the time that those benefits end.
  • (4) Subject to the time periods established in OAR 461-135-0096(1):
  • (a) Once eligibility for EXT is established, members of the benefit group are ineligible if the filing group contains no dependent child (see OAR 461-001-0000).
  • (b) A benefit group may regain EXT eligibility after becoming ineligible, even if eligibility was lost due to moving out of state, whenever the benefit group again meets EXT eligibility requirements.
  • (c) Individuals who have lost EXT eligibility because they leave the household during the EXT eligibility period may regain eligibility when they return to the household.
  • Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.404
  • Stats. Implemented: ORS 409.010, 409.040, 411.060, 411.070, 411.404
  • Hist.: AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 6-1994, f. & cert. ef. 4-1-94; AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97; AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 7-2006(Temp), f. 3-31-06, cert. ef. 4-1-06 thru 9-28-06; SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06; SSP 31-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 40-2010(Temp), f. & cert. ef. 11-15-10 thru 5-13-11; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-135-0950
  • Eligibility for Inmates
  • (1) This rule sets out additional restrictions on the eligibility of inmates for programs covered by Chapter 461 of the Oregon Administrative Rules.
  • (2) Definition of an “inmate”.
  • (a) An inmate is an individual living in a public institution who is:
  • (A) Confined involuntarily in a local, state or federal prison, jail, detention facility, or other penal facility, including an individual being held involuntarily in a detention center awaiting trial or an individual serving a sentence for a criminal offense;
  • (B) Residing involuntarily in a facility under a contract between the facility and a public institution where, under the terms of the contract, the facility is a public institution;
  • (C) Residing involuntarily in a facility that is under governmental control; or
  • (D) Receiving care as an outpatient while residing involuntarily in a public institution.
  • (b) An individual is not considered an inmate when:
  • (A) The individual is released on parole, probation, or post-prison supervision;
  • (B) The individual is on home- or work-release, unless the individual is required to report to a public institution for an overnight stay;
  • (C) The individual is staying voluntarily in a detention center, jail, or county penal facility after his or her case has been adjudicated and while other living arrangements are being made for the individual; or
  • (D) The individual is in a public institution pending other arrangements as defined in 42 CFR 435.1010.
  • (3) Definition of a “public institution”.
  • (a) A public institution is any of the following:
  • (A) A state hospital (see ORS 162.135).
  • (B) A local correctional facility (see ORS 169.005): a jail or prison for the reception and confinement of prisoners that is provided, maintained and operated by a county or city and holds individuals for more than 36 hours.
  • (C) A Department of Corrections institution (see ORS 421.005): a facility used for the incarceration of individuals sentenced to the custody of the Department of Corrections, including a satellite, camp, or branch of a facility.
  • (D) A youth correction facility (see ORS 162.135):
  • (i) A facility used for the confinement of youth offenders and other individuals placed in the legal or physical custody of the youth authority, including a secure regional youth facility, a regional accountability camp, a residential academy and satellite, and camps and branches of those facilities; or
  • (ii) A facility established under ORS 419A.010 to 419A.020 and 419A.050 to 419A.063 for the detention of children, wards, youth, or youth offenders pursuant to a judicial commitment or order.
  • (b) As used in this rule, the term public institution does not include:
  • (A) A medical institution as defined in 42 CFR 435.1010 including the Secure Adolescent Inpatient Program (SAIP) and the Secure Children’s Inpatient Program (SCIP);
  • (B) An intermediate care facility as defined in 42 CFR 440.140 and 440.150;
  • (C) A publicly operated community residence that serves no more than 16 residents, as defined in 42 CFR 435.1009; or
  • (D) A child-care institution as defined in 42 CFR 435.1009 with respect to:
  • (i) Children for whom foster care maintenance payments are made under title IV-E of the Social Security Act; and
  • (ii) Children receiving TANF-related foster care under title IV-A of the Social Security Act.
  • (4) Definition of serious mental illness. A client has a serious mental illness if the client has been diagnosed, prior to becoming an inmate of a public institution, by a psychiatrist, a licensed clinical psychologist or a certified non-medical examiner as suffering from dementia, schizophrenia, bipolar disorder, major depression or other affective disorder or psychotic mental disorder other than a substance abuse disorder and other than a disorder that is both;
  • (a) Caused primarily by substance abuse; and
  • (b) Likely to no longer meet the applicable diagnosis if the substance abuse discontinues or declines.
  • (5) If this rule indicates that the medical benefits of a client are “suspended”, a client meeting the eligibility requirements of a program covered under chapter 461 of the Oregon Administrative Rules is not required to submit a new application for the benefits to be reinstated.
  • (6) For all programs covered under chapter 461 of the Oregon Administrative Rules:
  • (a) Except as provided in OAR 461-135-0750, an inmate of a public institution is not eligible for benefits.
  • (b) If a pregnant woman receiving medical assistance through the BCCM, CEC, CEM, EXT, GAM, MAA, MAF, OHP, OSIPM, or SAC program becomes an inmate of a public institution, her medical benefits are suspended. When the Department is informed the woman is no longer an inmate, her medical benefits are reinstated — effective on the first day she is no longer an inmate — if she is still in her protected period of eligibility under OAR 461-135-0010.
  • (c) In the OSIP and OSIPM programs, if a client who is receiving Presumptive Medicaid because of a serious mental illness or SSI becomes an inmate of a public institution, the medical benefits are suspended. Benefits may be suspended for up to twelve full calendar months. When the Department is informed the client is no longer an inmate, the medical benefits are reinstated — effective on the first day the client is no longer an inmate — if the client meets the eligibility requirements for the program, including being in suspense status with SSA and the client intends to remain in Oregon. The client has 30 days from the date of release to provide verification that SSI has been reinstated, or the case will be closed if permitted under OAR 461-180-0085.
  • (d) In the SAC program, medical benefits are suspended if a client who receives medical assistance because of a serious mental illness becomes an inmate of a public institution. When the Department is informed the client is no longer an inmate, the medical benefits will be reinstated, effective on the first day the client is no longer an inmate, and eligibility will be determined for all medical assistance programs.
  • (7) In the GA and SNAP programs, in addition to the other provisions of this rule, an inmate released from a public institution on home arrest, and required to wear an electronic device to monitor his or her activity, is ineligible for benefits if the correctional agency provides room and board to the individual.
  • Stat. Auth.: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049
  • Stats. Implemented: ORS 411.060, 411.070, 411.404, 411.439, 411.443, 411.445, 411.816, 412.014, 412.049, 414.426
  • Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98; AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99; AFS 5-2000, f. 2-29-00, cert. ef. 3-1-00; AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00; AFS 21-2001(Temp), f. & cert. ef. 10-1-01 thru 12-31-01; AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02; SSP 17-2005(Temp), f. 12-30-05, cert. ef. 1-1-06 thru 6-30-06; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-140-0110
  • Treatment of Periodic Income
  • (1) For SNAP and TANF clients in a filing group that includes at least one member who is working under a TANF JOBS Plus agreement, periodic income (see OAR 461-001-0000) is excluded.
  • (2) For SNAP and TANF clients not covered under section (1) of this rule, periodic income is averaged over the applicable period.
  • (3) In the ERDC program, periodic income is counted in one of two ways. The client is given a choice either to average the income over the applicable period or to have the income counted in the month it is expected to be received.
  • (4) In the OSIP-EPD and OSIPM-EPD programs, periodic income received during a certification period is averaged among the months in the certification period.
  • (5) In all programs not covered under sections (1) to (4) of this rule, periodic income is counted in the month received.
  • Stat. Auth.: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049
  • Stats. Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049
  • Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00; AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-150-0055
  • Eligibility and Budgeting; HKC, OHP
  • In the HKC and OHP programs:
  • (1) The budget month (see OAR 461-001-0000) is:
  • (a) For a new applicant, the month of application.
  • (b) For a client reapplying at the end of an OHP certification period (see OAR 461-001-0000), no longer eligible for his or her current OHP program, or moving from the BCCM, EXT, GAM, MAA, MAF, OSIPM, REFM, or SAC programs to the OHP program: the last month of the current eligibility (see OAR 461-001-0000) period.
  • (c) For a client reapplying at the end of an HKC certification period, the tenth month of the HKC certification period.
  • (d) When the Department initiates a redetermination of eligibility:
  • (A) The last month of the current OHP program eligibility period if the Department initiates the redetermination by sending a DHS 945 form.
  • (B) For OHP program cases not covered by paragraph (A) of this subsection, the month the Department initiates a date of request (see OAR 461-115-0030).
  • (e) For an individual joining a filing group (see OAR 461-110-0400), the month in which the individual requests medical benefits.
  • (f) For a late reapplication, the month the Department receives the new application.
  • (g) For a new applicant or current recipient who is not eligible using the budget month described in subsections (1)(a) to (1)(d) of this rule, any month falling within 45 days after the date of request.
  • (2) Countable (see OAR 461-001-0000) income is determined as follows:
  • (a) Income is considered available during a month under OAR 461 140 0040.
  • (b) Income is not annualized, converted, or prorated.
  • (c) For a self-employed client, countable self-employment income is determined under OAR 461-145-0920 and 461-145-0930.
  • (3) Except as provided in section (5) of this rule, the Department calculates the countable income of the financial group (see OAR 461-110-0530) by adding together the income the financial group has already received in the budget month and the income that reasonably may be expected to be received in the budget month.
  • (4) A change in income or resources during a certification period (see OAR 461-001-0000) does not affect the eligibility of the benefit group (see OAR 461-110-0750) for that certification period.
  • (5) In the HKC, OHP-CHP, and OHP-OPC programs, when the Department uses a finding made during an ELE determination and the child meets all other HKC, OHP-CHP, or OHP-OPC program nonfinancial eligibility requirements, the standard for the number of eligibility group members determined by the ELA is used to determine eligibility regardless of the need group (see OAR 461-110-0630) size. The countable income of the financial group is the same as the income amount determined by the ELA.
  • (a) A child is deemed eligible for the HKC, OHP-CHP, or OHP-OPC program as follows:
  • (A) If the income of the need group is below 163 percent of the federal poverty level (FPL) as listed in OAR 461-155-0180, the Department deems the child eligible for OHP-OPC.
  • (B) If the income of the need group is at or above 163 percent of the FPL but under 201 percent of the FPL, the Department deems the child eligible for OHP-CHP.
  • (C) If the income of the need group is at or above 201 percent of the FPL, the Department deems the child eligible for HKC.
  • (b) If the income of the need group is above 301 percent of the FPL, the Department determines eligibility using the standard medical assistance eligibility determination processes.
  • Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.404, 414.231
  • Stats. Implemented: ORS 409.010, 411.060, 411.070, 411.404, 414.231
  • Hist.: AFS 2-1994, f. & cert. ef. 2-1-94; AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98; AFS 24-1998(Temp), f. 11-30-98, cert. ef. 12-1-98 thru 3-31-99; AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99; AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 7-2005, f. & cert. ef. 7-1-05; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 13-2009, f. & cert. ef. 7-1-09; SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 25-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11; SSP 38-2010(Temp), f. & cert. ef. 11-1-10 thru 2-12-11; SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11; SSP 43-2010(Temp), f. 12-30-10, cert. ef. 1-1-11 thru 4-30-11; SSP 5-2011(Temp), f. & cert. ef. 2-4-11 thru 4-30-11; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-155-0030
  • Income and Payment Standards; MAA, MAF, REF, SAC, TANF
  • In the JOBS, MAA, MAF, REF, SAC, and TANF programs, the income standards are as follows:
  • (1) The Countable Income Limit Standard is the amount set as the maximum countable income limit.
  • (a) For each need group (see OAR 461-110-0630) in the REF and TANF programs containing an adult and for all need groups in the MAA, MAF, and SAC programs, the following table is used: [Table not included. See ED. NOTE.]
  • (b) 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 “no-adult countable income limit standard” for the need group under subsection (c) of this section. The “non-needy countable income limit standard” for the filing group is as follows: [Table not included. See ED. NOTE.]
  • (c) In the REF and TANF programs, when the need group contains no adults, the “no adult countable income limit standard” is calculated as follows:
  • (A) Refer to the Countable Income Limit Standard for need groups with adults. Use the standard for the number of individuals in the household group (see OAR 461-110-0210).
  • (B) Divide the standard in paragraph (A) of this subsection by the number of individuals in the household group. Round this figure down to the next lower whole number if the figure is not a whole number.
  • (C) Multiply the figure from paragraph (B) of this subsection by the number of individuals in the need group. The result is the standard.
  • (d) In the JOBS program, for the filing group of a non-custodial parent who resides in Oregon and whose dependent child (see OAR 461-001-0000) is receiving TANF program benefits in Oregon to participate in an activity (see OAR 461-001-0025) of the JOBS program, the countable (see OAR 461-001-0000) income limit is as follows:
  • (2) The Adjusted Income/Payment Standard is used as the adjusted income limit and to calculate cash benefits for need groups with an adult.
  • (a) For need groups containing an adult in the REF and TANF programs and for all need groups in the MAA, MAF, and SAC programs, except as provided otherwise in subsection (b) of this section, the following table is used: [Table not included. See ED. NOTE.]
  • (b) Effective October 1, 2010, to calculate cash benefits for a need group with an adult in the REF and TANF programs, the following table is used: [Table not included. See ED. NOTE.]
  • (c) In the REF and TANF programs, when the need group contains no adult, the No-Adult Adjusted Income/Payment Standard is calculated as follows:
  • (A) Refer to the Adjusted Income/Payment Standard for need groups with adults. Use the standard for the number of individuals in the household group.
  • (B) Divide the standard in paragraph (A) of this subsection by the number of individuals in the household group. Round this figure down to the next lower whole number if the figure is not a whole number.
  • (C) Multiply the figure from paragraph (B) of this subsection by the number of individuals in the need group.
  • (D) Add $12 to the figure calculated in paragraph (C) of this subsection.
  • [ED. NOTE: Tables referenced are available from the agency.]
  • Stat. Auth.: ORS 409.050, 411.060, 411.070, 412.006, 412.049, 412.124
  • Stats. Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.400, 412.006, 412.049, 412.124
  • Hist.: AFS 80-1989, f. & cert. ef. 2-1-90; AFS 16-1990, f. 6-29-90, cert. ef. 7-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95; AFS 32-1996(Temp), f. & cert. ef. 9-23-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 9-1997, f. & cert. ef. 7-1-97; SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04; SSP 7-2006(Temp), f. 3-31-06, cert. ef. 4-1-06 thru 9-28-06; SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06; SSP 6-2007(Temp), f. 6-29-07, cert. ef. 7-1-07 thru 9-30-07; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 8-2009(Temp), f. 4-20-09, cert. ef. 5-1-09 thru 10-28-09; SSP 28-2009, f. & cert. ef. 10-1-09; SSP 26-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11; SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11; SSP 42-2010(Temp), f. 12-30-10, cert. ef. 1-1-11 thru 6-30-11; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-160-0015
  • Resource Limits
  • (1) In the EA program, all countable (see OAR 461-001-0000) resources must be used to meet the emergent need.
  • (2) In the ERDC, EXT, HKC, and REFM programs, and for an individual whose eligibility is determined under the OHP-CHP, OHP-OPC, OHP-OPP, or OHP-OP6 programs, there is no resource limit.
  • (3) In the GA, GAM, OSIP, and OSIPM programs, the resource limit is as follows:
  • (a) $2,000 for a one-person need group (see OAR 461-110-0630) and $3,000 for a two-person need group.
  • (b) $1,000 for an OSIP need group eligible under OAR 461 135 0771. The total cash resources may not exceed $500 for a one-person need group or $1,000 for a two-person need group.
  • (c) $5,000 is the limit for the OSIP-EPD and OSIPM-EPD programs (see OAR 461-001-0035 and 461-145-0025 for funds that may be excluded as approved accounts).
  • (4) In the MAA, MAF, REF, SAC, and TANF programs, the resource limit is:
  • (a) $10,000 for a need group with at least one JOBS participant who is progressing in a case plan.
  • (b) $10,000 for a need group with at least one member who is working under a JOBS Plus agreement.
  • (c) $2,500 for all other need groups, including all TANF applicants.
  • (5) In the OHP program, the resource limit for an individual whose eligibility is determined under the OHP-OPU program is $2,000.
  • (6) In the QMB program, the resource limit is amended in January of each year based on the low income subsidy for Medicare Part D as published by the Health Resources and Services Administration of the U.S. Department of Health and Human Services. Effective January 1, 2011 the resource limit is $6,680 for a one-person need group and $10,020 for a need group containing two or more individuals.
  • (7) In the SNAP program, the resource limit is:
  • (a) $3,000 for a financial group (see OAR 461-110-0530) with at least one member who is elderly (see OAR 461-001-0015) or an individual with a disability (see OAR 461-001-0015).
  • (b) $2,000 for all other financial groups.
  • Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.049, 414.231
  • Stats. Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.704, 411.706, 411.816, 412.049, 414.025, 414.231, 414.826, 414.831, 414.839
  • Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 20-1991, f. & cert. ef. 10-1-91; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94; AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95; AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98; AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99; AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99; AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00; AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03; SSP 17-2003, f. & cert. ef. 7-1-03; SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04; SSP 6-2004, f. & cert. ef. 4-1-04; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 22-2004, f. & cert. ef. 10-1-04; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-1; SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SSP 18-2010, f. & cert. ef. 7-1-10; SSP 42-2010(Temp), f. 12-30-10, cert. ef. 1-1-11 thru 6-30-11; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-160-0400
  • Use of Income to Determine Eligibility and Benefits; SNAP
  • 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 need group 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 need group’s payment standard (see OAR 461-155-0190). The remainder is the benefit amount.
  • Stat. Auth.: ORS 411.816
  • Stats. Implemented: ORS 411.816
  • Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 10-2002, f. & cert. ef. 7-1-02; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 32-2010, f. & cert. ef. 10-1-10; SSP 37-2010(Temp), f. & cert. ef. 11-1-10 thru 4-30-11; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-160-0430
  • Income Deductions; SNAP
  • (1) Deductions from income are subtracted from countable 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 of 20 percent of countable earned income. The 20 percent deduction is not taken from the wages funded by grant diversions such as Work Supplementation wages.
  • (b) Effective October 1, 2010, a standard deduction of $142 per month for a benefit group (see OAR 461-110-0750) of one, two, or three individuals. A standard deduction of $153 for a benefit group of four individuals. A standard deduction of $179 for a benefit group of five individuals. A standard deduction of $205 for a benefit group of six or more individuals.
  • (c) A dependent care deduction for dependent care costs billed to a member of the financial group (see OAR 461-110-0530) and not paid for through any other program of the Department. For the cost to be deductible under this section, the care must be necessary to enable a member of the need group (see OAR 461-110-0630) to:
  • (A) Accept or continue employment;
  • (B) Seek employment, including a job search that meets the requirements of a case plan (see OAR 461-001-0020); or
  • (C) Attend vocational or educational training. A student receiving educational income is entitled to a deduction only for costs not excluded from educational income by OAR 461-145-0150.
  • (d) The medical deduction for elderly clients and clients who have a disability (see OAR 461-001-0015) in the need group. The deduction is calculated by determining the total of their deductible medical costs (see OAR 461-160-0415) and subtracting $35. The remainder is the medical deduction.
  • (e) A deduction for child support payments (including cash medical support) a member of the household makes under a legal obligation to a child not a member of the household group (see OAR 461-110-0210), including payments for the current month and for payments on arrearages. Child support is not deductible if collected by setoff through the Oregon Department of Revenue or by interception of a federal tax refund.
  • (f) A shelter deduction, calculated as follows:
  • (A) For SNAP clients required to pay room and board in a nonstandard living arrangement (see OAR 461-001-0000), the shelter deduction is:
  • (i) The cost of room and board, minus the payment standard for the benefit group; or
  • (ii) The actual room cost, if the client can prove that the room cost exceeds the cost described in subparagraph (i) of this paragraph.
  • (B) For all other clients, the shelter deduction is calculated as follows:
  • (i) The standard deduction and the deductions of earned income, dependent care, court-ordered child support, and medical expenses are subtracted from countable income. Fifty percent of the remainder is subtracted from the shelter cost calculated in accordance with OAR 461-160-0420.
  • (ii) The rounded balance is the deduction, except the deduction is limited if the filing group has no member who has a disability or is elderly (see OAR 461-001-0015). Effective October 1, 2010, the limit is $458.
  • (2) If the client cannot verify a medical or court-ordered child-support expense or cannot verify any other expense when asked to do so, the unverified expense is not used to calculate the deduction. If the client provides verification, the deduction is applied when calculating the next month’s benefits. If verification is provided within the period authorized for processing applications (see OAR 461-115-0210), the benefits for the initial month (see OAR 461-001-0000) are recalculated using the deduction.
  • Stat. Auth.: ORS 411.816
  • Stat. Implemented: ORS 411.816 & 411.825
  • Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 20-1991, f. & cert. ef. 10-1-91; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 28-1992, f. & cert. ef. 10-1-92; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 13-1994, f. & cert. ef. 7-1-94; AFS 19-1994, f. & cert. ef. 9-1-94; AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 27-1995(Temp), f. 10-30-95, cert. ef. 11-1-95; AFS 41-1995, f. 12-26-95, cert. ef. 1-1-96; AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96; AFS 31-1996, f. & cert. ef. 9-23-96; AFS 41-1996(Temp), f. & cert. ef. 12-31-96; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98; AFS 5-1998(Temp), f. & cert. ef. 3-11-98 thru 5-31-98; AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98; AFS 15-1998(Temp), f. 9-15-98, cert. ef. 10-1-98 thru 10-31-98; AFS 22-1998, f. 10-30-98, cert. ef. 11-1-98; AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99; AFS 23-2000(Temp), f. 9-29-00, cert. ef. 10-1-00 thru 12-31-00; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; AFS 23-2000(Temp) Suspended by AFS 28-2000(Temp), f.10-31-0, cert. ef. 11-1-00 thru 12-31-00; AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01; AFS 3-2001, f. 2-27-01, cert. ef. 3-1-01; AFS 22-2001, f. & cert. ef. 10-1-01; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 23-2003, f. & cert. ef. 10-1-03; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 22-2004, f. & cert. ef. 10-1-04; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 28-2009, f. & cert. ef. 10-1-09; SSP 39-2010(Temp), f. & cert. ef. 11-4-10 thru 5-3-11; SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11; SSP 43-2010(Temp), f. 12-30-10, cert. ef. 1-1-11 thru 4-30-11; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-160-0700
  • Use of Income; HKC, OHP
  • 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 OAR 461-110-0530) received and expected to be received in the budget month (see OAR 461-001-0000) is determined under OAR 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
  • Hist.: AFS 2-1994, f. & cert. ef. 2-1-94; AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98; AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98; AFS 24-1998(Temp), f. 11-30-98, cert. ef. 12-1-98 thru 3-31-99; AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99; SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 25-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11; SSP 38-2010(Temp), f. & cert. ef. 11-1-10 thru 2-12-11; SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11; SSP 43-2010(Temp), f. 12-30-10, cert. ef. 1-1-11 thru 4-30-11; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-170-0010
  • Reporting Changes — Overview
  • A client is required to report a change in circumstances in accordance with the reporting system in which the client participates, OAR 461-170-0011, and:
  • (1) For each program in which a client participates, the Department determines the appropriate reporting system. The Department’s reporting systems are Change Reporting System (CRS), Simplified Reporting System (SRS), and Transitional Benefit Alternative (TBA). In addition to any required report form, when a client is required by this division of rules to report a change in circumstances, the report may be made by telephone, office visit, report form, or other written notice. The report must be made as follows:
  • (a) A client using CRS must report a change according to OAR 461-170-0011.
  • (b) A client using SRS must report a change according to OAR 461-170-0011 and 461-170-0102. An Interim Change Report form is processed according to OAR 461-170-0011 and 461-170-0101 to 461-170-0104.
  • (c) A client using TBA is not required to report any change.
  • (2) A change is considered reported effective the date a client, authorized representative, or ineligible student reports the information to a branch office (see OAR 461-001-0000) or to the Office of Private Health Partnerships (OPHP).
  • (3) A change reported by a client, authorized representative, or ineligible student for one program is considered reported for all programs in which that client participates.
  • Stat. Auth.: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049
  • Stats. Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049
  • Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 12-1992(Temp), f. & cert. ef. 5-1-92; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 13-1994, f. & cert. ef. 7-1-94; AFS 19-194, f. & cert. ef. 9-1-94; AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98; AFS 5-1998(Temp), f. & cert. ef. 3-11-98 thru 5-31-98; AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98; SSP 20-2003, f. & cert. ef. 8-15-03; SSP 23-2003, f. & cert. ef. 10-1-03; CWP 37-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 4-28-04; SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 16-2005, f. & cert. ef. 12-1-05; SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09; SSP 28-2009, f. & cert. ef. 10-1-09; SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SSP 5-2010, f. & cert. ef. 4-1-10; SSP 32-2010, f. & cert. ef. 10-1-10; SSP 37-2010(Temp), f. & cert. ef. 11-1-10 thru 4-30-11; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 461-190-0211
  • Standards for Support Service Payments
  • (1) The Department helps an individual comply with the individual’s case plan (see OAR 461-001-0025) by providing payments for child care, housing, transportation, and other needs to make participation in a required activity (see OAR 461-001-0025) successful. These payments are provided for costs directly related to participation in an activity, for costs necessary to obtain and retain a job, and for enhancing wages and benefits. In approving JOBS program support service payments, the Department must consider lower cost alternatives. It is not the intent of the Department or of this rule to supplant Department funding with other funding that is available in the community. It is the Department’s expectation that case managers and clients will work collaboratively to seek resources that are reasonably available to the client in order to participate in activities.
  • (2) Support service payments must be authorized in advance and are subject to the limitations of this rule. The following standards apply to support service payments.
  • (3) Subject to the limitations of state funding, payments for support services (see OAR 461-001-0025) will be made available to an individual if all of the following requirements are met:
  • (a) The individual is one of the following:
  • (A) A TANF program applicant or recipient.
  • (B) A client in the Pre-TANF, Post-TANF, or SFPSS programs.
  • (C) A minor parent (see OAR 461-001-0000) who has returned to the minor’s parent’s home in the last 40 days, if the move caused the client to become ineligible for TANF program benefits.
  • (D) A TANF program client participating in diagnosis, counseling, or treatment programs for substance abuse or mental health.
  • (E) A non-citizen who is ineligible for the TANF program, who is legally able to work in the United States, and who has a child receiving TANF program benefits.
  • (F) An individual disqualified from the TANF program for failure to comply with the child-support related requirements of OAR 461-120-0340 and 461-120-0345.
  • (G) An individual eligible for transition benefits and services under OAR 461-190-0241.
  • (H) An individual currently receiving TA-DVS program benefits.
  • (I) A non-custodial parent (see OAR 461-001-0000) of a child receiving TANF program benefits, if both are residents of Oregon and the income of the filing group of the non-custodial parent is below the countable (see OAR 461-001-0000) income limit standard under OAR 461-155-0030.
  • (J) A recipient of supplemental security income (SSI) who is a volunteer (see OAR 461-130-0310) in an employment program.
  • (K) A caretaker relative (see OAR 461-001-0000) who is non-needy and is a volunteer in an employment program.
  • (b) The individual has agreed to participate in a JOBS program activity or another approved activity as specified in the individual’s case plan.
  • (4) For an individual who is eligible for a support service payment under paragraphs (3)(a)(J) and (3)(a)(K) of this rule, the Department will consider that individual’s income and resources towards the need.
  • (5) Denials and Reductions. The Department may reduce, close, or deny in whole or in part an individual’s request for a support service payment in the following circumstances:
  • (a) If the individual is disqualified for failing to comply with a case plan, unless the payment in question is necessary for the client to comply with his or her case plan.
  • (b) If the purpose for the payment is not related to the individual’s case plan.
  • (c) If the client disagrees with a support service payment offered or made by the Department as outlined in the client’s case plan.
  • (6) Required Verification.
  • (a) The Department may require the individual to provide verification of a need for the support service prior to approval and issuance of payment if verification is reasonably available.
  • (b) The Department may require the individual to provide verification of costs associated with a support service if verification is reasonably available.
  • (7) Child Care. Payments for child care are authorized, as limited by OAR 461-160-0040, if necessary to enable the individual to participate in a JOBS program or another approved activity specified in the individual’s case plan. If authorized, payment for child care will be made for:
  • (a) The lesser of the actual rate charged by the care provider and the rate established in OAR 461-155-0150. The Department rate for children in care less than 158 hours in a month is limited by OAR 461-155-0150, except that the cost of child care may be paid up to the monthly maximum when children are in care less than 158 hours per month and:
  • (A) Appropriate care is not accessible to the individual at the hourly rate; or
  • (B) The individual is a teen parent using on-site care while attending education activities.
  • (b) The minimum hours necessary, including meal and commute time, for the individual to participate in a JOBS program or another approved activity or to obtain and perform employment duties.
  • (8) Child care payments may be provided when an individual is not participating in an activity of the JOBS program or another approved activity if necessary for the individual to retain a child care provider. Only the minimum amount necessary to maintain the child care slot with the provider may be covered as established in OAR 461-155-0150. Not more than 30 days between a scheduled JOBS program or another approved activity may be covered.
  • (9) Housing and Utilities. In addition to payments for basic living expenses provided in OAR 461-135-0475, payments may be provided to secure or maintain housing and utilities in the following situations:
  • (a) To prevent an eviction or utility shut-off, secure housing in order to find or maintain employment, or participate in an activity listed in the individual’s case plan. Payment is available when the requirements of all of the following paragraphs are met:
  • (A) The individual cannot make a shelter or utility payment due to lack of assets.
  • (B) The lack of assets did not result from a JOBS program or Child Support disqualification, a reduction due to an IPV recovery, overpayment recovery (other than administrative error), or failure by the individual to pay shelter or utility expenses when funds were reasonably available.
  • (C) The individual’s case plan addresses how subsequent shelter or utility payments will be made.
  • (b) The shelter need results from domestic violence (see OAR 461-001-0000) and the requirements of all of the following paragraphs are met:
  • (A) The individual is not eligible for the TA-DVS program.
  • (B) The individual will be able to pay all subsequent shelter costs, either through the individual’s own resources or through other resources available in the community.
  • (C) The individual’s case plan addresses how subsequent shelter costs will be paid.
  • (c) For clients who are in the Pre-TANF program or are applying for a payment under section (6) of this rule, the Department will make payments if the client meets the eligibility criteria in section (9) of this rule. A client who receives a TANF program grant is expected to meet the housing and utility expenses out of the money received each month in the TANF program grant. Therefore, for clients who receive a TANF program grant, the Department may make payments on a case-by-case basis as appropriate if the client otherwise meets the support service payment eligibility criteria of this section.
  • (10) Transportation. The Department will provide payments for transportation costs incurred in travel to and from a JOBS program or another approved activity. Payment is made only for the cost of public transportation or the cost of vehicle insurance, repairs, and fuel for a personally owned vehicle. The Department will not authorize payment for repair of a vehicle owned by an individual who is not in the TANF program filing group (see OAR 461-110-0330). Payments are subject to the following considerations:
  • (a) Payments for public transportation are given priority over payments for a privately owned vehicle.
  • (b) Payment for a privately owned vehicle is provided if the client or driver has a valid license and either of the following is true:
  • (A) No public transportation is available or the client is unable to use public transportation because of a verifiable medical condition or disability for which no accommodation is available.
  • (B) Public transportation is available but is more costly than the cost of car repair or fuel.
  • (11) Other Payments. The Department will provide payments for other items that are directly related to participation in a JOBS program or another approved activity. Payments under this section may be authorized for:
  • (a) Reasonable accommodation of a client’s disability (see OAR 461-001-0000).
  • (b) Costs necessary in obtaining and retaining a job or enhancing wages and benefits, such as:
  • (A) Clothing and grooming for participation in JOBS program activities or job interviews.
  • (B) Moving expenses necessary to accept employment elsewhere.
  • (C) Books and supplies for education needs, subject to the limitations provided in OAR 461-190-0199.
  • (D) Tools, bonding, and licensing required to accept or retain employment.
  • (c) Tuition for vocational training (see OAR 461-001-0025) only:
  • (A) After the client has been approved for vocational training;
  • (B) When no other funding is available;
  • (C) To the extent that Department funding designated for this purpose is available; and
  • (D) When the training is necessary for a job leading to a higher wage and high demand occupation, as defined by the Workforce Investment Act (WIA).
  • (12) Students Receiving Financial Aid. Authorization for payments for students in vocational training who receive financial aid is subject to the following conditions:
  • (a) A student whose financial aid consists solely of student loans is not required to use any of that financial aid for support services.
  • (b) Support service payments are not authorized for services specifically covered by federal or state financial aid other than student loans.
  • (c) Students whose financial aid consists of a combination of loans and grants may be required to pay for support services from any grant money remaining after payment of tuition, fees solely related to the institution where the individual attends, books, and supplies (applying first the loan and then any grants) if the financial aid award letter specifically permits this use of funds.
  • Stat. Auth.: ORS 411.060, 412.001, 412.006, 412.009, 412.014, 412.049, 412.124
  • Stat. Implemented: ORS 411.060, 412.001, 412.006, 412.009, 412.014, 412.049, 412.124
  • Hist.: AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96; AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96; AFS 18-1998, f. & cert. ef. 10-2-98; AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99; AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04; SSP 21-2004, f. & cert. ef. 10-1-04; SSP 11-2005(Temp), f. & cert. ef. 9-1-05 thru 12-31-05; SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 32-2010, f. & cert. ef. 10-1-10; SSP 42-2010(Temp), f. 12-30-10, cert. ef. 1-1-11 thru 6-30-11; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • Rule Caption: Changing OARs affecting public assistance, medical assistance, or Supplemental Nutrition Assistance Program clients.
  • Adm. Order No.: SSP 11-2011(Temp)
  • Filed with Sec. of State: 3-31-2011
  • Certified to be Effective: 4-1-11 thru 9-28-11
  • Notice Publication Date:
  • Rules Adopted: 461-155-0575
  • Subject: OAR 461-155-0575 is being adopted to set out the policy for providing special need in-home supplementary payments to certain Oregon Supplemental Income Program Medical (OSIPM) clients who receive specified in-home services.
  • Rules Coordinator: Annette Tesch—(503) 945-6067
  •  
  • 461-155-0575
  • Special Need; In-home Supplement; OSIPM
  • In the OSIPM program:
  • (1) The Department may provide a monthly supplementary payment for a client who meets the requirements of all of the following subsections:
  • (a) The client must receive SSI as his or her only source of income.
  • (b) The client must receive in-home services authorized by:
  • (A) The Independent Choices Program (covered under the State Medicaid Plan);
  • (B) A 1915(c) Home and Community-Based Service Waiver; or
  • (C) State Plan Personal Care Services authorized under chapter 411, division 034 of Oregon Administrative Rules.
  • (2) The amount and duration of payments authorized under this rule are subject to availability of funding as determined by the Department and are considered reimbursement for uncovered assistance needs.
  • (3) All eligible clients will receive the same monthly payment amount.
  • 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
  • Hist.: SSP 11-2011(Temp), f. 3-31-11, cert. ef. 4-1-11 thru 9-28-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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