Or. Admin. R. 461-110-0210 - Household Group
(1)
This rule describes who is included in the household group. The household group
generally consists of the individuals who live together with or without the
benefit of a dwelling.
(2) For
individuals who are homeless, the household group consists of the individuals
who consider themselves living together. Individuals who are homeless who do
not consider themselves living together are considered separate
households.
(3) A separate dwelling
is not recognized for the purpose of determining the members of a household
group unless the living space has, separate from any other dwelling, an access
to the outside that does not pass through another dwelling, a functional
sleeping area, bathroom, and kitchen facility.
(4) Each individual in the household group
who applies for benefits is an applicant. The household group and applicants
form the basis for determining who is in the remaining eligibility
groups.
(5) For all programs except
the SNAP program, a separate household group is established for individuals who
live in the same dwelling as another household group, if all the following
subsections are true:
(a) There is a
landlord-tenant relationship between the two household groups in which the
tenant is billed by the landlord at fair market value (see OAR
461-001-0000) for housing.
(b) The
tenant lives independently from the landlord.
(c) The tenant:
(A) Has and uses sleeping, bathroom, and
kitchen facilities separate from the landlord; or
(B) Shares bathroom or kitchen facilities
with the landlord, but the facilities are in a commercial establishment that
provides room or board or both for compensation at fair market
value.
(6) Individuals who live with more than one
household group during a calendar month are members of the household group in
which they spend more than half of their time, except as follows:
(a) In the ERDC program, if a
child (see OAR 461-001-0000) lives with different caretakers
during the month, the child is considered a member of both
household groups.
(b) In the TANF
program:
(A) If a parent (see
OAR 461-001-0000) sleeps at least 30 percent of the time during the calendar
month in the home of the dependent child (see OAR
461-001-0000), the parent is in the same household group as
the dependent child.
(B) A dependent child is
included in the household group with the caretaker relative
(see OAR 461-001-0000), who usually has the major responsibility for care and
control of the dependent child, if the dependent
child lives with two household groups in the same calendar month for
at least one of the following reasons:
(i)
Education.
(ii) The usual
caretaker relative is gone from the household for part of the
month because of illness.
(iii) A
family emergency.
(c) In the SNAP program:
(A) The individual is a member of the
household group that provides the individual more than half of the individual's
21 weekly meals. If the individual is a child, the
child is a member of the household group credited with
providing the child more than half of the individual's 21
weekly meals. A household group is credited with providing breakfast and lunch
for each day the child departs that group's home for school,
even if the child eats no breakfast or lunch at that
home.
(B) During the month in which
a resident of a domestic violence shelter (see OAR
461-001-0000) enters the domestic violence shelter, the
resident may be included both in the household group he or she left and in a
household group in the domestic violence shelter.
(7) In the OSIPM
program, individuals who are being evaluated under OAR 461-135-0745 or OAR
461-135-0750, or who are residing in a 24-hour mental health residential care
setting are a household group of one regardless of others living in the
individual's dwelling or facility.
(8) Individuals absent from the household for
30 days or more are no longer part of the household group, except for the
following:
(a) In all programs except the
OSIPM and SNAP programs, an individual in an acute care medical facility
remains in the household group unless the individual enters long-term
care (see OAR 461-001-0000).
(b) In the ERDC and TANF programs:
(A) A caretaker relative who
is absent for up to 90 days while in a residential alcohol or drug treatment
facility is in the household group.
(B) A child who is absent
for 30 days or more is in the household group if the child is:
(i) Absent for illness (unless the
child is in a long-term care Title XIX facility), social
service, or educational reasons;
(ii) In foster care, but expected to return
to the household within the next 30 days.
(c) In the ERDC program, an individual in the
household group who is:
(A) Absent because of
education, training, or employment, including long-haul truck driving, fishing,
or active duty in the U.S. armed forces;
(B) Absent to care for an emergent need of an
individual related to illness, injury, or death; or
(C) Absent but reasonably anticipated to
return within 90 days.
(d) In the TANF program, when a filing group
(see OAR 461-110-0310 and 461-110-0330) includes more than one
caretaker relative, a caretaker relative in
the household group who is absent:
(A) Because
of education, training, or employment - including absence while working or
looking for work outside the area of the residence of the caretaker
relative, such as long-haul truck driving, fishing, or active duty in
the U.S. armed forces; or
(B) For
up to 60 days solely due to the regulations of a shelter for individuals who
are homeless or domestic violence shelter or other
circumstances beyond the individual's control but who would otherwise be
included in the household group.
(e) In the REF and REFM programs, an
individual in the household group who was absent:
(A) For up to 90 days while in a residential
alcohol or drug treatment facility;
(B) To care for an emergent need of an
individual related to illness, injury, or death;
(C) Because of education, training, or
employment - including absence while working or looking for work outside the
area of the individual's residence, such as long-haul truck driving, fishing,
or active duty in the U.S. armed forces; or
(D) For up to 60 days solely due to the
regulations of a shelter for individuals who are homeless or domestic
violence shelter or other circumstances beyond the individual's
control but who would otherwise be included in the household group.
(f) In the REF, REFM, and TANF
programs, the Department may approve one or more 30-day extensions of this time
period if the Department receives sufficient information to assure the
Department that the absent individual will return within the extension
period.
(9) In the
OSIP-EPD and OSIPM-EPD programs, the household group consists only of the
individual applying for or receiving benefits.
Notes
Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 329A.500, 409.010, 409.050, 411.060, 411.070, 411.404, 411.704, 411.706, 411.816, 412.001, 412.006, 412.049, 413.085, 414.685 & 414.839
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