Current through Register Vol. 63, No. 3, March 1, 2024
(1) For prospective eligibility and
budgeting:
(a) The budget month and payment
month are the same.
(b) The
individual's anticipated income, household composition, and other relevant
factors are used to determine the individual's eligibility and benefit level.
The individual and Department jointly anticipate the individual's income based
on the income already received and the income the individual expects to
receive.
(c) Prospective budgeting
is used for annualized income and prorated educational income.
(d) When prospective budgeting is used and
the actual income differs from the amount determined under section (1)(b) of
this rule:
(A) If the anticipated income
exceeds the actual income, a individual is not entitled to a benefit
supplement.
(B) If the actual
income exceeds the anticipated income, there may be a individual-error
overpayment under OAR 414-175-0099 and 461-195-0521.
(2) Income is budgeted so that the
anticipated amount is the same for each month.
(3) Income that must be annualized is
calculated under section (9) of this rule.
(4) For the initial month, income is budgeted
so the anticipated amount is the same for each month, including the initial
month. No supplement is issued based on incorrectly anticipated
information.
(5) For an ongoing
month: For a benefit group, the Department uses prospective eligibility and
budgeting. The type of income is determined and calculated under sections (6)
through (10) of this rule.
(6)
Educational income is assigned to the months it is intended to cover,
regardless of when it is received. The income is prorated over these
months.
(7) Ongoing stable income
in prospective budgeting and eligibility is treated so that the monthly amount
is used to anticipate the income of the financial group. The amount of stable
income for each month is determined as follows:
(a) If paid once per month, that amount is
used.
(b) If paid twice per month
or semi-monthly, that amount is converted to a monthly amount by multiplying it
by two.
(c) If paid once every
other week or biweekly, that amount is converted to a monthly amount by
multiplying it by 2.15.
(d) If paid
once per week, that amount is converted to a monthly amount by multiplying it
by 4.3.
(8) Ongoing
variable income is used as follows in prospective budgeting and eligibility so
that the anticipated amount is the same for each month, unless otherwise stated
in this rule.
(a) For income paid more than
once per month, determine an average amount per pay period in accordance with
sections (8)(b) to (8)(d) of this rule. The average amount is then converted to
a monthly amount as follows, if paid --
(A)
Twice per month, multiply by 2;
(B)
Every other week, multiply by 2.15; or
(C) Once per week, multiply by 4.3.
(b) For variable earned income
based on an hourly wage when the past is representative, monthly income is
determined by calculating an average number of hours per pay period, then these
hours are multiplied by the hourly wage and converted to a monthly amount under
section (8)(a) of this rule.
(c)
For variable earned income involving various rates of pay (overtime, shift
differential, tips) when the past is representative, monthly income is
determined by calculating the average income per pay period, then the average
income is converted to a monthly amount under section (8)(a) of this
rule.
(d) For variable earned or
unearned income when the past is representative and income cannot be calculated
under section (8)(b) or (c) of this rule, monthly income is determined by
averaging the income over:
(A) A
representative period of months by totaling the income for those months and
dividing by the number of months used; or
(B) A representative number of pay periods
and converting to a monthly amount under section (8)(a) of this rule.
(e) For variable earned and
unearned income when the past is not representative of the income the financial
group will receive during the eligibility period, the individual and the
Department jointly determine the anticipated income.
(9) Annualizing and Prorating Contracted or
Self-Employment Income
(a) Income from
self-employment, including contract income while self-employed, is treated in
accordance with OAR 414-175-0035 (81) unless the income meets the provisions of
section (8)(b) of this rule.
(b) If
past contract income is not representative of future income or when a
substantial increase or decrease is expected in countable self-employment
income in the next year, costs as allowed under OAR 414-175-0035 (81) and
anticipated income are used to determine the countable income.
(c) Contract income that does not meet the
criteria of self-employment income is treated as follows:
(A) Income received during a less than
12-month period but intended as a full year's income is annualized.
(B) Income received on an hourly or piecework
basis or monthly over the term of the contract period is not annualized. It is
treated as stable income under or variable income.
(d) Contract income that is not the annual
income of the financial group and not paid on an hourly or piecework basis is
prorated over the period the income is intended to cover.
(10) Periodic income is averaged over the
applicable period.
(11) If the
budgeting method changes from prospective to retrospective, the Department
treats income from a terminated source that was counted prospectively as
follows:
(a) If the actual amount received was
less than or equal to the anticipated amount, the income is excluded.
(b) If the actual amount received was greater
than the anticipated amount, the Department counts the difference between
actual and anticipated amounts.
(12) When an individual is added to an
ongoing filing group, income is budgeted in accordance with applicable sections
of this rule to determine eligibility and benefit level.
Statutory/Other Authority: ORS
329A.500
Statutes/Other Implemented: ORS
329A.500
