Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Veterans' benefits, other than the educational and training and rehabilitation
program benefits, are treated as follows:
(a)
Except as specified in sections (2), (5), and (6) of this rule, monthly
payments are counted as unearned income.
(b) Other payments are counted as periodic or
lump sum income (see OAR
461-140-0110 and
461-140-0120).
(2) Aid-and-attendance and
housebound payments are treated as follows:
(a) For OSIP and OSIPM clients receiving
long-term care or
home and community-based care (see OAR
461-001-0030):
(A) Aid-and-attendance and housebound benefit
payments are excluded.
(B) When
calculating monthly service benefits or patient liability, the entire veterans'
aid-and-attendance and housebound benefit payment is counted as unearned
income.
(C) Payments for services
not covered by the Department's programs are excluded.
(D) If the client receives a payment covering
a previous period of eligibility, the client is required to turn over to the
Department the full amount of the payment up to the cost of institutional and
home and community-based care provided to the client during
the months covered by the payment. A client's failure to reimburse the
Department in this instance constitutes an overpayment of public assistance in
accordance with OAR 461-195-0501 and
461-195-0521 and ORS
411.640 and
411.690. Any excess veterans'
benefit payment made to the client is counted as lump sum or periodic
income.
(b) For all
other clients not covered under subsection (a) of this section:
(A) In the SNAP program, aid-and-attendance
payments used to pay for an attendant are treated as a reimbursement and
excluded (see OAR 461-145-0440). The remaining
benefits, if any, are counted as unearned income.
(B) In the OSIPM and QMB programs, the
aid-and-attendance and housebound payments are excluded. Any remaining
veterans' benefits are counted as unearned income unless excluded under another
rule or another section of this rule.
(C) Reimbursements paid to the client for
costs and services already paid for by the Department are third-party resources
and may be recovered from the client as an overpayment of public assistance
pursuant to OAR 461-195-0501,
461-195-0521, and
461-195-0551. Any unrecovered
third-party resource or payment above the actual cost is counted as lump-sum or
periodic income (see OAR
461-140-0110 and
461-140-0120).
(3) Educational
benefits from the United States Veterans Administration are treated in
accordance with OAR 461-145-0150.
(4) A subsistence allowance from a training
and rehabilitation program of the United States Veterans Administration is
treated:
(a) In the SNAP program, as earned
income (see OAR 461-145-0130).
(b) In all other programs, as unearned
income.
(5) The
following payments are excluded:
(a) Payments
under
38 USC 1805 to
biological children of Vietnam veterans who are born with spina
bifida.
(b) Payments under
38 USC 1815 to
children with birth defects born to female Vietnam veterans.
(6) In the OSIPM and QMB programs:
(a) Payments made as part of a Veterans
Administration vocational rehabilitation are excluded.
(b) Medal of Honor pension payments are
excluded.
Statutory/Other Authority: ORS
414.685, ORS
411.060,
411.404,
411.816,
412.014,
412.049,
329A.500 &
413.085
Statutes/Other Implemented: ORS
411.060,
411.404,
411.620,
411.640,
411.690,
411.700,
411.816,
412.014,
412.049 &
329A.500
