Current through Register Vol. 63, No. 12, December 1, 2024
(1) At
the time of the initial Title IV-E determination, the Department must review
the income and resources available to the eligibility unit during the
eligibility month to determine whether the child would have been eligible for
AFDC under rules in effect on July 16, 1996.
(2) To be eligible for Title IV-E, the income
and resources available to the eligibility unit must meet both the countable
income limit (185 percent of the basic standard) and the adjusted
income/payment standard (basic standard plus minimum wage equalization
allowance).
(3) If the child is
removed from the home of a specified relative that is a parent, the Department
must:
(a) Determine the countable gross
earned income of all members in the eligibility unit including the $90 standard
earned income deduction, when applicable;
(b) Determine the countable unearned income
of all members in the eligibility unit including the $50 child support
deduction, when applicable;
(c)
Exclude individuals receiving SSI or a combination of SSI and other Social
Security benefits from the number in the eligibility unit for all AFDC
calculations; and
(d) Apply the
AFDC countable income limit (185 percent of the basic standard) with adult and
the adjusted income/payment standard (basic standard plus minimum wage
equalization allowance) with adult.
(4) If a child is removed from the home of a
specified relative who is not a parent of the child, the Department must:
(a) Disregard the income and resources of
each specified relative;
(b)
Determine the countable earned income, unearned income and resources available
to the child; and
(c) Apply the
AFDC countable income limit (185 percent of the basic standard) with no adult
and the adjusted income/payment standard (basic standard plus minimum wage
equalization allowance) with no adult.
(5) If a child is removed from a minor parent
who resides in his or her parents' home, and the minor parent is under age 18,
has never married, and is not legally emancipated, the Department must:
(a) Exclude the resources of the parents of
the minor parent;
(b) Determine the
portion of income of the parents of the minor parent that is considered
available to the minor parent:
(A) Determine
the countable gross earned income of the parent of the minor and subtract the
$90 standard earned income deduction, if applicable; and
(B) Determine the countable unearned income
of the parent of the minor parent and subtract the following, if applicable:
(i) Amounts paid to the legal dependents of
the parents of the minor parent not living in the household; and
(ii) Payments of alimony and child
support.
(C) Apply the
Adjusted Income/Payment Standard. Any remaining income is considered income
available to the minor parent.
(c) Determine the countable gross earned
income of all members in the eligibility unit including the $90 standard earned
income deduction, when applicable;
(d) Determine the countable unearned income
of all members in the eligibility unit including the $50 child support
deduction, when applicable;
(e)
Exclude individuals receiving SSI or a combination of SSI and other Social
Security benefits from the number in the eligibility unit for all AFDC
calculations; and
(f) Apply the
AFDC countable income limit (185 percent of the basic standard) with adult and
the adjusted income/payment standard (basic standard plus minimum wage
equalization allowance) with adult.
(6) In circumstances in which the parent or
caregiver is not available or willing to provide financial information to the
Department, the Department may determine AFDC eligibility based on a
preponderance of evidence.
Statutory/Other Authority: ORS
409.010,
ORS
409.050 & ORS
418.005
Statutes/Other Implemented: ORS
409.010,
ORS
409.050 & ORS
418.005