Oregon Administrative Rules
Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS
Division 145 - TREATMENTS OF SPECIFIC ASSETS
Section 461-145-0200 - Foster Care Payments and Guardianship Assistance Benefits
Universal Citation: OR Admin Rules 461-145-0200
Current through Register Vol. 63, No. 3, March 1, 2024
Payments for foster care and benefits from the Guardianship Assistance program (see OAR 413-070-0000) are treated as follows:
(1) In all programs except the REF, REFM, SNAP, and TANF programs:
(a) If the provider
of foster care or the guardian is in the financial group (see
OAR 461-110-0530), the payments or benefits are treated as earned income except
that it is excluded in the following situations:
(A) The amount the placement agency
identifies as being for room and board, clothing, or personal incidental needs
(including recreational expenses) of the individual in foster care is
excluded.
(B) The amount designated
for special need items of the individual in foster care is
excluded.
(b) If the
provider of foster care or the guardian is not in the financial
group, the payments or benefits are excluded.
(2) In the SNAP program:
(a) The payments or benefits are counted as
unearned income only if the person in foster care or under guardianship is in
the filing group (see OAR 461-110-0370). The payments or
benefits are excluded if the person in foster care or under guardianship is in
the household group (see OAR 461-110-0210) but not in the
filing group.
(b)
The payments or benefits are counted as self-employment income if the provider
of foster care and the person receiving the care or the guardian and the person
under guardianship are not in the same household
group.
(3) In the REF, REFM, and TANF programs:
(a) For
adult foster care, if the provider or the guardian is in the financial
group, the payments or benefits are treated as earned income except
that they are excluded in the following situations:
(A) The amount the placement agency
identifies as being for room and board, clothing, or personal incidental needs
(including recreational expenses) of the individual in foster care is
excluded.
(B) The amount designated
for special items of the individual in foster care is
excluded.
(b) For adult
foster care, if the provider or the guardian is not in the financial
group, the payments or benefits are excluded.
(c) Payments or benefits for children in
foster care are excluded.
Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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