Current through Register Vol. 63, No. 9, September 1, 2024
(1) Income is
defined as means before any deductions such as income taxes, social security
taxes, insurance premiums, charitable contributions, and bonds.
(2) Earned or unearned income is considered
countable for determining Summer EBT (SEBT) eligibility unless specified as
excluded per section (5) of this rule.
(3) Earned or unearned income of a child, who
is under 18 years old, is considered countable unless excluded per section (5)
of this rule.
(4) Income is
considered available the date it is received or the date a member of the
filing group (see OAR 461-196-0020) has a legal right to the
payment and the legal ability to make it available, whichever is earlier,
except as follows:
(a) Income usually paid
monthly or on some other regular payment schedule is considered available on
the regular payment date if the date of payment is changed because of a holiday
or weekend.
(b) Income withheld or
diverted at the request of an individual is considered available on the date
the income would have been paid without the withholding or diversion.
(c) An advance or draw of earned income is
considered available on the date it is received.
(5) The following is excluded income for
determining SEBT eligibility:
(a) Disaster
Assistance:
(A) National Flood Insurance
Program (NFIP) payments received by property owners.
(B) Payments under the Disaster Relief Act of
1974, as amended by the Disaster Relief and Emergency Assistance Amendments of
1989, P.L. 100-707.
(b)
Housing assistance:
(A) Reimbursements from
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970.
(B) Payments received under
the Cranston-Gonzales National Affordable Housing Act,
P.L.
101-625.
(C) Payments received under the Housing and
Community Development Act of 1987.
(c) In-kind benefit including housing for
clergy, cars for salespersons, employee medical or dental benefits, etc. are
not cash payments and, therefore, are not considered as income.
(d) Infrequent earnings received on an
irregular basis, such as payment for occasional baby-sitting or yard
work.
(e) Loans, such as bank loans
since these funds are only temporarily available and must be repaid.
(f) Lump-sum payments or large cash
settlements that are not received on a regular basis.
(g) Military compensation:
(A) Combat pay.
(B) Family Subsistence Supplemental
Allowance.
(C) Privatized housing
allowances.
(D) Payments under the
Agent Orange Compensation Exclusion Act,
P.L.
101-201.
(h) Payments received from a foster care
agency or court for the care of foster children.
(i) Supplemental Nutrition Assistance Program
(SNAP) benefits.
(j) Student
financial aid:
(A) Financial assistance
provided for the costs of attendance at an educational institution, such as
grants and scholarships awarded to meet educational expenses and not available
to pay for meals.
(B) Student
financial assistance received under Title IV of the Higher Education Act of
1965, including the Pell Grant, Supplemental Education Opportunity Grant, State
Student Incentive Grants, National Direct Student Loan, PLUS, College Work
Study, and Byrd Honor Scholarship Programs, to the extent excluded by the
Act.
(C) Payments received under
the Carl D. Perkins Vocational Education Act, as amended by the Carl D. Perkins
Vocational and Applied Technology Act Amendments of 1990,
P.L.
101-392.
(k) Tribal per Capita income if the income is
held in a trust.
(l) Volunteer
payments:
(A) Any payment to volunteers under
Title I (VISTA and others) and Title II (RSVP, foster grandparents, and others)
of the Domestic Volunteer Service Act of 1973 to the extent excluded by the
Act.
(B) Payments to volunteers
under Section 8(b)(1)(B) of the Small Business Act (SCORE and ACE).
(C) Payments and allowances to individuals
participating in AmeriCorps to the extent excluded by the National and
Community Service Act of 1990.
(m) Utility assistance payments under the
Low-income Home Energy Assistance Act P.L. 99-125.
(n) Women Infant and Children (WIC)
benefits.
