Oregon Administrative Rules
Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS
Division 140 - GENERAL FINANCIAL ELIGIBILITY
Section 461-140-0120 - Availability and Treatment of Lump-Sum Income

Universal Citation: OR Admin Rules 461-140-0120

Current through Register Vol. 63, No. 9, September 1, 2024

(1) Lump-sum income (see OAR 461-001-0000) is treated as follows if it is received by a member of a financial group (see OAR 461-110-0530).

(2) In the EA, REF, REFM, SNAP, and TANF programs:

(a) Lump-sum income is a resource.

(b) In the EA, REF, REFM, and TANF programs:
(A) Lump-sum income is considered available to the financial group when a member of the group receives the income and until the income becomes unavailable for a reason beyond the group's control.

(B) Lump-sum income is considered unavailable for a reason beyond the group's control if the member who received the lump-sum income:
(i) Leaves the financial group before spending any of the lump-sum income; or

(ii) Spends the lump-sum income on an immediate basic need or emergency.

(3) In the OSIP, OSIPM, and QMB-DW programs, lump-sum income is treated as follows:

(a) Lump-sum income not excluded is income in the month of receipt, and any amount remaining in future months is a resource, except that in the OSIP and OSIPM programs retroactive Social Security Benefits (SSB) and Supplemental Security Income (SSI) payments are treated in accordance with OAR 461-145-0490 and 461-145-0510.

(b) The following lump-sum income is excluded when calculating countable (see OAR 461-001-0000) income for the purposes of determining eligibility and calculating patient liability under OAR 461-160-0620:
(A) The income the individual turns over to the Department as reimbursement for previous assistance; and

(B) The income the individual uses to pay for special need items approved by the Department. Special needs are explained in OAR 461-155-0500 and following.

(c) When calculating countable income for the purposes of eligibility, the following exclusions apply to the total amount of combined lump-sum income and periodic income (see OAR 461-001-0000) received by an individual each month, including non-applying spouses and children:
(A) The first $10 of earned income received in a month.

(B) The first $20 of unearned income received in a month.

(4) In the QMB-BAS, QMB-SMB, and QMB-SMF programs:

(a) Lump-sum income not excluded is income in the month of receipt, except that retroactive SSB and SSI payments are treated in accordance with OAR 461-145-0490 and 461-145-0510.

(b) The following lump-sum income is excluded:
(A) The income the individual turns over to the Department as reimbursement for previous assistance; and

(B) The income the individual uses to pay for special need items approved by the Department. Special needs are explained in OAR 461-155-0500 and following.

(c) The following exclusions apply to combined lump-sum income and periodic income received by an individual, including non-applying spouses and children:
(A) The first $10 of earned income received in a month.

(B) The first $20 of unearned income received in a month.

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619

Statutes/Other Implemented: 409.010, 410.010, 410.020, 410.070, 410.080, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085, 414.619 & 414.117

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