Or. Admin. R. 461-135-0708 - Criteria for Developing a Plan for Self-support; OSIP, OSIPM, and QMB

Current through Register Vol. 61, No. 4, April 1, 2022

(1) A client and the Department may develop a plan for self-support in the OSIP, OSIPM, and QMB programs for a client who:
(a) Meets the applicable disability or impairment criteria; and
(b) Is not eligible for SSI.
(2) A plan for self-support allows a client to retain a portion of his or her nonexcluded assets for a specific period of time to meet a specific occupational goal. The plan may provide for specialized or advanced education or training for clients with a severe disability.
(3) To be approved, a plan for self-support must meet all of the following criteria:
(a) The plan must be in writing and approved by the Department.
(b) The plan must identify a realistic occupational goal, considering the client's physical limitations and capabilities.
(c) The goal of the plan must be to provide the client with income necessary to meet his or her needs, not just for improving potential earning capability or increasing self-sufficiency within the home.
(d) Resources designated to support the plan must be kept in a separate bank account with a specific savings or planned disbursement goal for using the resources. Previously commingled funds must be put in a separate bank account in order for them to be considered designated for the plan.
(e) The duration of the plan must be limited to the time necessary to complete the plan but cannot exceed thirty-six months plus an additional 12 months if necessary for completion of education or training.
(4) A client must do all of the following to comply with a plan for self-support:
(a) Report any changes in circumstances that require a change to the current plan.
(b) Follow through with the plan without any break in excess of the longer of:
(A) Normal vacations from school or training.
(B) Three months, unless the reasons are beyond his or her control.
(5) If a client fails to comply with the requirements of section (4) of this rule, program eligibility is redetermined without the resource exclusions allowed by OAR 461-145-0405.
(6) The client and the Department may revise a plan for self-support or may agree to a new plan. To be new, the plan must not have any relationship to the old plan. When a plan is revised or a new plan established:
(a) Resources designated to support the old plan may become a part of the revised or new plan.
(b) If changes are made in the amount of resources to support the plan, eligibility and the payment amount for program benefits are redetermined.
(c) If the duration of the revised plan in addition to the months the old plan was in effect exceeds the time limits in subsection (3)(e) of this rule, approval is limited to the remainder of the maximum period only.

Notes

Or. Admin. R. 461-135-0708
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 10-2002, f. & cert. ef. 7-1-02; Renumbered from 461-140-0440, 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 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16; SSP 31-2016, f. & cert. ef. 9/1/2016

Stat. Auth.: ORS 411.060

Stats. Implemented: ORS 411.060

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