Current through Register Vol. 63, No. 3, March 1, 2024
(1) For purposes of
this rule:
(a) "Ineligible child" means an
individual who is:
(A) Unmarried;
(B) Living with a natural or adoptive
parent;
(C) Not considered a
decision-maker in the household;
(D) Not eligible to receive SSI or TANF
benefits, and
(E) Either under the
age of 18; or under the age of 22 and attending full-time secondary,
postsecondary, or vocational-technical training designed to prepare the
individual for employment.
(b) "Ineligible spouse" means a
spouse (see OAR 461-001-0000) who is not eligible to receive
either SSI or TANF benefits.
(2) This rule is used to calculate
adjusted income (see OAR 461-001-0000) for individuals in the
OSIP (except OSIP-EPD) and OSIPM (except OSIPM-EPD) programs who:
(a) Live in the community;
(b) Are not assumed eligible (see OAR
461-135-0010);
(c) Do not receive
home and community-based care (see OAR 461-001-0030);
and
(d) Do not have at least one
ineligible child (see subsection (1)(a) of this rule) or
child (see OAR 461-001-0000) in the household group
(see OAR 461-110-0210).
(3) For purposes of this rule, and for
determining whether an ineligible spouse is included in the
financial group (see OAR 461-115-0530), the
countable (see OAR 461-001-0000) income of the
ineligible spouse is further reduced by the following:
(a) All child support paid by an
ineligible spouse to any individual not in the
household group.
(b) The Department deducts the amount of
child support paid from unearned income first, and uses any remaining balance
to reduce earned income.
(4) For an individual described in section
(2) of this rule with no spouse (see OAR 461-001-0000) in the
household group, the Department calculates the
adjusted income of the individual under section (6) of this
rule. If the individual's adjusted income is equal to or
greater than the OSIPM adjusted income standard for a
need group of one under OAR 461-155-0250, the individual is
not eligible for the OSIPM program.
(5) For an individual described in section
(2) of this rule with an ineligible
spouse
who is in the household group, the Department calculates the
adjusted income of the individual under section (6) of this
rule first.
(a) If the individual's
adjusted income is equal to or greater than the OSIPM program
adjusted income standard for a need group of
one under OAR 461-155-0250, the individual is not eligible for the OSIPM
program.
(b) If the individual's
adjusted income is less than the OSIPM program adjusted income standard after
completing the calculation referenced in subsection (a) of this section, and
the ineligible spouse is in the individual's financial
group, the Department calculates the adjusted income
of the financial group under sections (3) and (6) of this
rule.
(c) If the individual's
adjusted income is less than the OSIPM program
adjusted income standard after completing the calculation
referenced in subsection (a) of this section, and the ineligible
spouse is not in the individual's financial group,
the individual meets the income requirements for the OSIPM program.
(6) To determine adjusted
income, deductions from the countable (see OAR
461-001-0000) income are made in the following order:
(a) One standard deduction of $20 from
unearned income.
(A) This deduction may be
taken from earned income if the individual or financial group
has less than $20 in unearned income.
(B) This deduction does not apply to a
benefit based on need that is totally or partially funded by the federal
government or by a nongovernmental agency.
(b) One standard earned income deduction of
$65.
(c) An income deduction for
documented Impairment Related Work Expenses.
(d) One half of the remaining earned
income.
(e) An income deduction for
documented Blind Work Expenses (see OAR
461-001-0000).
(f) Any earned
income used to fulfill a plan for self-support approved by the Social Security
Administration.
Statutory/Other Authority: ORS
409.050,
410.070,
411.060,
411.070,
411.083,
411.404,
411.706,
413.085
& 414.685
Statutes/Other Implemented: ORS
409.050,
410.070,
411.060,
411.070,
411.083,
411.404,
411.706,
413.085
& 414.685
