Current through Register Vol. 63, No. 9, September 1, 2024
(1) A client and
the Department may develop a plan for self-support in the OSIP, OSIPM, and QMB
programs for a client who:
(a) Meets the
applicable disability or impairment criteria; and
(b) Is not eligible for SSI.
(2) A plan for self-support allows
a client to retain a portion of his or her nonexcluded assets for a specific
period of time to meet a specific occupational goal. The plan may provide for
specialized or advanced education or training for clients with a severe
disability.
(3) To be approved, a
plan for self-support must meet all of the following criteria:
(a) The plan must be in writing and approved
by the Department.
(b) The plan
must identify a realistic occupational goal, considering the client's physical
limitations and capabilities.
(c)
The goal of the plan must be to provide the client with income necessary to
meet his or her needs, not just for improving potential earning capability or
increasing self-sufficiency within the home.
(d) Resources designated to support the plan
must be kept in a separate bank account with a specific savings or planned
disbursement goal for using the resources. Previously commingled funds must be
put in a separate bank account in order for them to be considered designated
for the plan.
(e) The duration of
the plan must be limited to the time necessary to complete the plan but cannot
exceed thirty-six months plus an additional 12 months if necessary for
completion of education or training.
(4) A client must do all of the following to
comply with a plan for self-support:
(a)
Report any changes in circumstances that require a change to the current plan.
(b) Follow through with the plan
without any break in excess of the longer of:
(A) Normal vacations from school or training.
(B) Three months, unless the
reasons are beyond his or her control.
(5) If a client fails to comply with the
requirements of section (4) of this rule, program eligibility is redetermined
without the resource exclusions allowed by OAR
461-145-0405.
(6) The client and the Department may revise
a plan for self-support or may agree to a new plan. To be new, the plan must
not have any relationship to the old plan. When a plan is revised or a new plan
established:
(a) Resources designated to
support the old plan may become a part of the revised or new plan.
(b) If changes are made in the amount of
resources to support the plan, eligibility and the payment amount for program
benefits are redetermined.
(c) If
the duration of the revised plan in addition to the months the old plan was in
effect exceeds the time limits in subsection (3)(e) of this rule, approval is
limited to the remainder of the maximum period only.
Stat. Auth.: ORS
411.060
Stats. Implemented: ORS
411.060
