Defined terms are often italicized throughout this chapter of
rules. If a defined term is accompanied by a cross-reference to a rule defining
the term, subsequent usages of that term in the same rule refer to the same
definition cross-referenced earlier in the rule. In this chapter of rules,
unless the context indicates otherwise:
A reference to Division, Adult and Family
Services Division (or AFS), Senior and Disabled Services Division (or SDSD),
Department of Human Services (DHS), or any other agency formerly part of the
Oregon Department of Human Services means the Oregon Department of Human
Services (ODHS), except:
(a) The rule in which
reference occurs only regulates programs covered by OAR chapter 461.
(b) Eligibility rules for HSD medical
programs (see section (35) of this rule) are in OAR chapter 410, division
Confidentiality Program" (ACP) means a program of the Oregon Department of
Justice, which provides a substitute mailing address and mail forwarding
service for ACP participants who are victims of domestic
violence (see section (25) of this rule), sexual assault, or
means the amount determined by subtracting income deductions from
(see section (19) of this rule) income (see OAR
). Specific rules on the deductions are in OAR chapter 461,
assistance" means financial assistance provided to families adopting children
with special needs. "Adoption assistance" may be state or federally funded.
Federal adoption assistance is authorized by the Adoption Assistance and Child
Welfare Act of 1980 (Pub.
L. No. 96-272
, 94 Stat. 500
adoption assistance is authorized by ORS
(5) "Assets" mean income and
(6) "Basic decision
notice" means a decision notice (see section (21) of this
rule) mailed no later than the date of action given in the notice.
"Blind Work Expenses" has the meaning
given in OAR 461-001-0035
"Branch office" means any Department or AAA (Area Agency on Aging) office
serving a program covered by this chapter of rules.
(9) "Budgeting" means the process of
calculating the benefit level.
"Budget month" means the calendar month from which nonfinancial and financial
information is used to determine eligibility (see section (28)
of this rule) and benefit level for the payment month (see
section (51) of this rule).
"Cafeteria plan" means a written benefit plan offered by an employer in which:
(a) All participants are employees;
Participants may choose,
cafeteria-style, from a menu of two or more cash or qualified benefits. In this
context, qualified benefits are benefits other than cash that the Internal
Revenue Service does not consider part of an employee's gross income. Qualified
benefits include, but are not limited to:
Accident and health plans (including medical plans, vision plans, dental plans,
accident and disability insurance);
(B) Group term life insurance plans (up to
(C) Dependent care
assistance plans; and
stock bonus plans under section 401(k)(2) of the Internal Revenue Code (but not
(12) "Capital asset" means property that
contributes toward earning self-employment income, either directly or
indirectly. A "capital asset" generally has a useful life of over one year and
a value, alone or in combination, of $100 or more.
(13) "Caretaker" means an individual who is
responsible for the care, control, and supervision of a child
(see section (16) of this rule). The status of "caretaker" ends once the
individual no longer exercises care, control, and supervision of the
child for 30 days.
"Caretaker relative" means an individual
with whom the dependent child
(see section (23) of this rule)
is living, who assumes primary responsibility for the care of the
a biological, step, or adoptive relative of the dependent
(b) Is the
spouse of an individual described in subsection (a), even after the marriage is
terminated by death or divorce.
(15) "Certification period" means the period
for which an individual is certified eligible for a program.
"Child" includes natural, step, and
adoptive children. The term "child" does not include an unborn.
In the ERDC program, a "child" need not
have a biological or legal relationship to the caretaker
must be in the care and custody of the caretaker
, must meet
the citizenship or noncitizen status requirements of OAR 461-120-0110
, and must
(A) Under the age of 18; or
(B) Under the age of 19 and in secondary
school or vocational training at least half time.
(b) In the GA and OSIP programs, a "child" is
an individual under the age of 18.
In the OSIPM and QMB programs, "child"
means an unmarried individual who:
(A) Is not
considered a decision-maker in the household;
(B) Is under the age of 18; and
(C) Has at least one natural or adoptive
parent in the same household.
(d) In the REF and REFM programs, a "child"
is an individual who is not an emancipated minor and is under the age of
"Community-based care" is any of the following:
(a) Adult foster care - Room and board and
24-hour care and services for the elderly or for people with disabilities 18
years of age or older. The care is contracted to be provided in a home for five
or fewer individuals.
living facility - A program approach, within a physical structure, which
provides or coordinates a range of services, available on a 24-hour basis, for
support of resident independence in a residential setting.
(c) In-home Services - Individuals living in
their home receiving services determined necessary by the Department.
(d) Residential care facility - A facility
that provides residential care in one or more buildings on contiguous property
for six or more individuals who have physical disabilities or are socially
(e) Specialized living
facility - Identifiable services designed to meet the needs of individuals in
specific target groups which exist as the result of a problem, condition, or
dysfunction resulting from a physical disability or a behavioral disorder and
require more than basic services of other established programs.
Independent choices - In-Home Services
program wherein the participant is given cash benefits to purchase
self-directed personal assistance services or goods and services provided
pursuant to a written service plan (see OAR 411-030-0020
(18) "Continuing benefit decision notice"
means a decision notice that informs the individual of the
right to continued benefits and is mailed in time to be received by the date
benefits are, or would be, received.
(19) "Countable" means that an available
asset (either income or a resource) is not excluded and may be considered by
some programs to determine eligibility.
(20) "Custodial parents" mean parents who
have physical custody of a child. "Custodial parents" may be
receiving benefits as dependent children or as caretaker relatives for their
notice" means a written notice of a decision by the Department regarding an
individual's eligibility for benefits in a program.
(22) "Department" means the Oregon Department
of Human Services (ODHS).
"Dependent child" in the TANF program means an individual who has not been
legally emancipated and who is one of the following:
(a) An individual who is not a
caretaker relative (see section (14) of this rule) of a
child in the household, is unmarried or married but separated,
and is under the age of 18, or 18 years of age and a full time student in
secondary school or the equivalent level of vocational or technical training;
(b) A minor
parent (see section (47) of this rule) whose parents have chosen to
apply for benefits for the minor parent. This does not apply
to a minor parent who is married and living with his or her
In the REF,
SFPSS, TA-DVS, and TANF programs, for purposes other than determining
individual with a physical or mental impairment that substantially limits the
individual's ability to meet the requirements of the program; or
An individual with a physical or mental
impairment that substantially limits one or more major life activities, a
record of such impairment, or who is regarded as having such an impairment as
defined by the Americans with Disabilities Act (42 USC
; 28 CFR 35.104
"Domestic violence" means the
occurrence of one or more of the acts described in subsections (a) to (d) of
this section between family members, intimate partners, or household members:
(a) Attempting to cause or intentionally,
knowingly, or recklessly causing physical injury or emotional, mental, or
knowingly, or recklessly placing another in fear of imminent serious physical
(c) Committing sexual abuse
in any degree as defined in ORS
(d) Using coercive or controlling
As used in this
section, "family members" and "household members" mean any of the following:
(B) Former spouse;
(C) Individuals related by blood,
marriage (see section (46) of this rule), or
(D) Individuals who are
cohabitating or have cohabited with each other;
(E) Individuals who have been involved in a
sexually intimate or dating relationship; or
(F) Unmarried parents of a
(26) "Domestic violence shelters" are public
or private nonprofit residential facilities providing services to survivors of
domestic violence. If the facility serves other people, a
portion must be used solely for survivors of domestic
application" is an application electronically signed and submitted through the
(28) "Eligibility" means
the decision as to whether an individual qualifies, under financial and
nonfinancial requirements, to receive program benefits.
(29) "Equity value" means fair market
value (see section (30) of this rule) minus encumbrances.
(30) "Fair market value" means the amount an
item is worth on the open market.
(31) "Family stability" in the JOBS,
Pre-TANF, SFPSS, TA-DVS, and TANF programs means the characteristics of a
family that support healthy child development, including parental mental
health, drug and alcohol free environment, stable relationships, and a
supportive, flexible, and nurturing home environment.
(32) "Family stability activity" in the JOBS,
Pre-TANF, SFPSS, TA-DVS, and TANF programs means an action or set of actions
taken by an individual, as specified in a case plan, intended to promote the
ability of one or both parents to achieve or maintain family
stability (see section (31) of this rule).
(33) "Financial institution" means a bank,
credit union, savings and loan association, investment trust, or other
organization held out to the public as a place receiving funds for deposit,
savings, checking, or investment.
(34) "HSD" is the Health Systems
programs" means all programs under HSD, including:
(a) Breast and Cervical Cancer Treatment
Medical Assistance (EXT);
Former Foster Care Youth Medical (FFCYM);
(d) Substitute Care; and
MAGI Medicaid/CHIP programs for which
eligibility is based on MAGI methodology, including:
(A) MAGI Child
(B) MAGI Parent or Caretaker
(C) MAGI Pregnant
(D) MAGI Children's Health
Insurance Program (CHIP), and
(36) "Homeless" in the ERDC program means an
individual who is experiencing a lack of fixed regular and adequate nighttime
residence and includes living in an emergency shelter, shared housing with
others due to loss of housing or economic hardship, staying in motels, cars,
parks, public places, tents, trailers, or other similar settings.
"Impairment-Related Work Expenses" have
the meaning found in OAR 461-001-0035
"Income producing property" means:
In all programs except OSIP, OSIPM, and
QMB, real or personal property that generates income for the financial
(see OAR 461-110-0530
). Examples of "income producing property"
(A) Livestock, poultry, and other
(B) Farmland, rental homes
(including a room or other space in the home or on the property of a member of
the financial group), vacation homes, and
OSIP, OSIPM, and QMB programs, "income-producing property" means any real or
personal property not used in self-employment (see OAR 461-145-0600
) that produces income for the financial group
"Income-producing property" includes:
Livestock, poultry, or other animals that produce marketable products sold by
the financial group.
Farmland not excluded under OAR
that is farmed or rented out by the financial
(C) Real property
other than the home (including vacation homes and condominiums), that is rented
In the OSIP,
OSIPM, and QMB programs, "income-producing property" does not include:
Rooms or other space for rent in the home
(see OAR 461-145-0220
Livestock, poultry, or other animals kept for resale (see OAR
"Initial month" of
means any of the following:
In all programs, the first month a
(see OAR 461-110-0750
) is eligible for a program
benefit in Oregon after a period during which the group is not
(b) In all programs
except the SNAP program, the first month a benefit group is
eligible for a program benefit after there has been a break in the program
benefit of at least one full calendar month. If benefits are suspended for one
month, that is not considered a break.
In the SNAP program:
The first month for which the
is certified following any period during which
they were not certified to participate, except for migrant
seasonal farm workers
(see OAR 461-001-0015
(B) For migrant and
seasonal farmworkers, the first month for which the
benefit group is certified following any period of one month
or more during which they were not certified to participate.
For a new applicant to the
OSIP or OSIPM program applying for care in a nonstandard living
(see section (48) of this rule), for the purposes of
calculating the correct divisor in OAR 461-140-0296
, the month in which the
individual would have been eligible had it not been for the disqualifying
transfer of assets
(see section (5) of this rule).
For a current recipient of the OSIP or
OSIPM program receiving or applying for care in a nonstandard living
arrangement, for the purpose of calculating the correct divisor in OAR
, the later of the following:
The month the disqualifying transfer occurred.
(B) The month of application for long-term
care (see section (44) of this rule) services if the individual would have been
eligible had it not been for the disqualifying transfer of assets.
(40) "In-kind income"
means income in a form other than money (such as food, clothing, cars,
furniture, and payments made to a third party).
"Legally married" means a
uniting two individuals according to:
(a) The statutes of the state where the
(b) Except in the SNAP program, the common
law of the state in which the two individuals previously resided while meeting
the requirements for common law marriage in that state; or
(c) The laws of a country in which the two
individuals previously resided while meeting the requirements for legal or
cultural marriage in that country.
(42) "Life estate" means the right to
property limited to the lifetime of the individual holding it or the lifetime
of some other individual. In general, a "life estate" enables the owner of the
"life estate" to possess, use, and obtain profits from property during the
lifetime of a designated individual while actual ownership of the property is
held by another individual. A "life estate" is created when an individual owns
property and then transfers ownership to another individual while retaining,
for the rest of the individual's life, certain rights to that property. In
addition, a "life estate" is established when a member of the financial
group purchases a "life estate" interest in the home of another
(a) Is living with an
individual receiving Department benefits;
Is not a member of the individual's
(see OAR 461-110-0310
Pays the filing group
(A) In all programs except the OSIP, OSIPM,
and QMB programs, for room and board.
(B) In the OSIP, OSIPM, and QMB programs, for
room with or without board.
(44) "Long term care" means the system
through which the Department provides a broad range of social and health
services for extended periods of time to eligible adults who are aged, blind,
or have disabilities. This includes nursing facilities and the Oregon State
means earned or unearned income received too infrequently or irregularly to be
reasonably anticipated, or received as a one-time payment. "Lump-sum income"
includes but is not limited to:
Retroactive benefits covering more than one month, whether received in a single
payment or several payments.
Income from inheritance, gifts, winnings, and personal injury claims.
(c) Income received less frequently than
"Marriage" means the union of two individuals who are legally
married (see section (41) of this rule).
(47) "Minor parent" in the ERDC and TANF
programs means a parent under the age of 18.
"Nonstandard living arrangement" is
defined as follows:
In the GA, OSIP,
OSIPM, and QMB programs, an individual is considered to be in a "nonstandard
living arrangement" when the individual is applying for or receiving services
in any of the following locations:
nursing facility in which the individual receives long-term care services paid
with Medicaid funding, except this subsection does not apply to a Medicare
recipient in a skilled-stay nursing facility.
(B) An intermediate care facility for
individuals with intellectual disabilities (ICF/ID).
(C) A psychiatric institution, if the
individual is not yet 21 years of age or has reached the age of 65.
(D) A community-based care
(see section (17) of this rule) setting, except a State Plan Personal Care
(SPPC) setting is not considered a "nonstandard living arrangement".
In all programs except GA,
OSIP, OSIPM, and QMB, "nonstandard living arrangement" means each of the
(B) Residential Care
(C) Drug or alcohol
residential treatment facility.
Shelter for individuals who are homeless or domestic violence
(E) Lodging house if
paying for room and board.
"Ongoing month" means one of the
(a) For all programs except the
SNAP program, any month following the initial month (see
section (39) of this rule) of eligibility, if there is no
break in the program benefit of one or more calendar months.
(b) For the SNAP program, any month in the
certification period (see section (15) of this rule) following
the initial month of eligibility.
"Parent" for all programs
except JPI (see OAR 461-135-1260
) and the SNAP program means the biological or
legal mother or father of an individual or unborn. For JPI and the SNAP
program, "parent" means the biological or legal mother or father of an
(a) If the mother lives with a
male and either she or the male claims that he is the father of the
child or unborn, and no one else claims to be the father, he
is treated as the father even if paternity has not been legally
relationship exists if:
(A) The individual is
legally married to the child's biological or adoptive parent;
marriage has not been terminated by legal separation, divorce,
adoption erases all prior legal and blood relationships and establishes the
adoptive parent as the legal parent. However, the biological parent is also
considered a "parent" if both of the following are true:
(A) The child lives with the
biological parent; and
legal parent has given up care, control, and supervision of the
(51) "Payment month" means, for all programs
except EA, the calendar month for which benefits are issued.
(52) "Payment period" means, for EA, the
30-day period starting with the date the first payment is issued and ending on
the 30th day after the date the payment is issued.
(53) "Periodic income" means income received
on a regular basis less often than monthly.
"Primary person" for all programs except
the SNAP program, means the filing group
member who is
responsible for providing information necessary to determine
and calculate benefits. The "primary person" for
individual programs is as follows:
(a) In the
TANF program, the parent or caretaker
(b) In the ERDC
program, the caretaker.
(d) In the GA, OSIP,
OSIPM, QMB, REF, and REFM programs, the individual or individual's
"Qualified Partnership Policy" means a
long-term care insurance policy meeting the requirements of OAR 836-052-0531
that was either:
(a) Issued while the
individual was a resident in Oregon on January 1, 2008 or later; or
(b) Issued in another state while the
individual was a resident of that state on or after the effective date of that
state's federally approved State Plan Amendment to issue qualified partnership
property" means land, buildings, and whatever is erected on or affixed to the
land and taxed as "real property".
(57) "Reimbursement" means money or in-kind
compensation provided specifically for an identified expense.
(58) "Safe homes" mean private homes that
provide a few nights lodging to survivors of domestic
violence. The homes must be recognized as such by the local domestic
violence agency, such as crisis hot lines and shelters.
"Shelter costs" mean, in all programs
except the SNAP program, housing costs (rent or mortgage payments, property
taxes) and utility costs, not including cable TV or non-basic telephone
charges. In the SNAP program, see OAR 461-160-0420
(60) "Shelter"in"kind" means an agency or
individual outside the financial group provides the shelter of
the financial group, or makes a payment to a third party for
some or all of the shelter costs (see section (59) of this
rule) of the financial group. "Shelter-in-kind" does not
include temporary shelter provided by a domestic violence shelter, shelter for
individuals who are homeless, or residential alcohol and drug treatment
facilities or situations where no shelter is being provided, such as sleeping
in a doorway, park, or bus station.
(61) "Sibling" means the brother or sister of
an individual. "Blood related" means they share at least one biological or
adoptive parent. "Step" means they are not related by blood, but are related by
the marriage of their parents.
(62) "Spousal support" means income paid
(voluntarily, per court order, or per administrative order) by a separated or
divorced spouse to a member of the financial group.
(63) "Spouse" means an individual who is
legally married to another individual.
(64) "Stable income" means income that is the
same amount each time it is received.
(65) "Standard living arrangement" means a
location that does not qualify as a nonstandard living
parent" means, in the JOBS, REF, REFM, and TANF programs, a
parent who is the age of 18 or 19.
"Timely continuing benefit decision
notice" means a decision notice
that informs the individual of
the right to continued benefits and is mailed no later than the time
requirements in OAR 461-175-0050
(68) "Trust funds" mean money, securities, or
similar property held by an individual or institution for the benefit of
(69) "USDA meal
reimbursements" mean cash reimbursements made by the Oregon Department of
Education for family day-care providers who serve snacks and meals to children
in their care.
income" means earned or unearned income that is not always received in the same
amount each month.
Or. Admin. R.
AFS 28-1978, f. & ef.
7-13-78; AFS 54-1984, f. 12-28-84, ef. 1-1-85; AFS 21-1995, f. 9-20-95, cert.
ef. 10-1-95; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; AFS 27-2001, f.
12-21-01, cert. ef. 1-1-02; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; SSP
14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 15-2006, f. 12-29-06, cert. ef.
1-1-07; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 10-2007, f. & cert.
ef. 10-1-07; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP
14-2007, f. 12-31-07, cert. ef. 1-1-08; SSP 15-2007(Temp), f. 12-31-07, cert.
ef. 1-1-08 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 8-2008,
f. & cert. ef. 4-1-08; SSP 17-2008, f. & cert. ef. 7-1-08; SSP 23-2008,
f. & cert. ef. 10-1-08; SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09; SSP
5-2009, f. & cert. ef. 4-1-09; SSP 13-2009, f. & cert. ef. 7-1-09; SSP
29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10; Administrative
correction 4-21-10; SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11; SSP 25-2011, f.
9-30-11, cert. ef. 10-1-11; SSP 17-2012(Temp), f. & cert. ef. 5-1-12 thru
10-28-12; SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12; SSP 22-2013(Temp), f.
& cert. ef. 8-23-13 thru 2-19-14; SSP 24-2013, f. & cert. ef. 10-1-13;
SSP 29-2013(Temp), f. & cert. ef. 10-1-13 thru 2-19-14; SSP 37-2013, f.
12-31-13, cert. ef. 1-1-14; SSP 39-2013(Temp), f. 12-31-13, cert. ef. 1-1-14
thru 6-30-14; SSP 9-2014, f. & cert. ef. 4-1-14; SSP 14-2014(Temp), f.
& cert. ef. 6-26-14 thru 12-23-14; SSP 15-2014, f. & cert. ef. 7-1-14;
SSP 18-2014(Temp), f. & cert. ef. 7-1-14 thru 12-23-14; SSP 24-2014, f.
& cert. ef. 10-1-14;
11-2015, f. 3-13-15, cert. ef.
25-2015, f. 9-29-15, cert. ef.
10/1/2015; SSP 29-2015(Temp), f. & cert.
ef. 10-1-15 thru 3-28-16;
36-2015, f. 12-23-15, cert. ef.
15-2016, f. & cert. ef.
4/1/2016; SSP 25-2016(Temp), f. 6-30-16, cert. ef.
7-1-16 thru 12-27-16;
31-2016, f. & cert. ef.
35-2016, f. 9-30-16, cert. ef.
40-2016, f. & cert. ef.
23-2017, f. 9-11-17, cert. ef.
33-2017, amend filed 12/8/2017, effective
8-2019, amend filed 03/13/2019, effective
21-2020, amend filed 07/08/2020, effective
45-2020, amend filed 12/22/2020, effective
53-2021, minor correction filed 12/13/2021, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS