Current through Register Vol. 63, No. 3, March 1, 2024
In the REF, REFM, SNAP, and TANF programs, the Department
determines how and when to use prospective or retrospective
eligibility (see OAR 461-001-0000) and
budgeting (see OAR 461-001-0000) as follows:
(1) For the initial month
(see OAR 461-001-0000):
(a) For a SNAP case in
the Change Reporting System (CRS), the Department uses "actual income" (see
subsection (g) of this section) in the initial
month.
(b) For a SNAP
program case in the Simplified Reporting System (SRS), "actual income" is used
in the initial month if that income is not reflective of
ongoing monthly income due to a new or terminated source or a significant
change in ongoing income. All other income is processed under section (3) of
this rule.
(c) In the REF and TANF
programs, ongoing income, processed under section (2) of this rule, is used in
the initial month, except when the source of income is a new
or terminated source. When there is a new or terminated source of income,
"actual income" is used in the initial month.
(d) In the REFM program, the Department uses
only the initial month for eligibility and
budgeting.
(e) The
Department uses prospective eligibility and
budgeting under OAR 461-150-0020 for cases not covered under
subsections (a) to (d) of this section, including for an individual who leaves
a filing group (see OAR 461-110-0310) because of domestic
violence (see OAR 461-001-0000) and enters a domestic violence
shelter (see OAR 461-001-0000) or safe home (see OAR
461-001-0000).
(f) No supplement is
issued based on incorrectly anticipated information.
(g) "Actual income" means income already
received in the initial month plus all the income that
reasonably may be expected to be received within the initial
month.
(2)
Income is budgeted so that the anticipated amount is the same for each month.
The type of income is determined and calculated as follows:
(a) Income that must be annualized is
calculated under OAR 461-150-0090 to arrive at a monthly figure.
(b) Educational income (see OAR 461-145-0150)
is assigned to the months it is intended to cover, regardless of when it is
received. The income is prorated over these months.
(c) Ongoing stable income
(see OAR 461-001-0000) is anticipated under OAR 461-150-0070.
(d) Ongoing variable income
(see OAR 461-001-0000) is anticipated under OAR 461-150-0080.
(e)
Periodic income (see OAR
461-001-0000) is anticipated under OAR 461-140-0110.
(f)
Lump-sum income (see OAR
461-001-0000) is anticipated under OAR 461-140-0120.
(3) For an ongoing month
(see OAR 461-001-0000):
(a) For a
benefit group (see OAR 461-110-0750), the Department uses
prospective eligibility and budgeting. The
type of income is determined and calculated under section (2) of this
rule.
(b) 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.
(4)
When an individual is added to an ongoing filing group, income is budgeted in
accordance with sections (2) and (3) of this rule to determine
eligibility and benefit level.
(5) In the SNAP program during the Periodic
Report Process, the Department follows the budgeting provisions of sections (2)
through (4) of this rule to determine eligibility and benefit
level using all of the following:
(a) Income
recently verified and currently budgeted for the case that does not meet the
provisions of or conflict with income in subsections (b) or (c).
(b) Income from computer matches.
(c) Total income reported on the Periodic
Report form under OAR 461-170-0011 and 461-170-0102 -
(A) Whose verification is provided with the
Periodic Report.
(B) That, in
comparison to the total countable (see OAR 461-001-0000)
earned income already budgeted for the financial group (see
OAR 461-110-0530) has changed by more than $125.
(C) That, in comparison to the total
countable unearned income already budgeted for the
financial group, has changed by more than $125.
(D) That exceeds the SNAP Countable Income
Limit set at 130 percent of the federal poverty level under OAR 461-155-0180,
for a financial group whose eligibility was
based on total countable income at or below 130
percent.
Statutory/Other Authority: ORS
409.050,
411.060,
411.070,
411.404,
411.816 & 412.049
Statutes/Other Implemented: ORS
409.050,
411.060,
411.070,
411.404,
411.816,
412.049, ORS
409.010 &
409.610
