Or. Admin. R. 461-140-0040 - Determining Availability of Income
(1) This rule describes the date income is
considered available, what amount of income is considered available, and
situations in which income is considered unavailable.
(2) Income is considered available the date
it is received or the date a member of the financial group (see OAR
461-110-0530) 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.
(d) Income that is averaged, annualized,
converted, or prorated is considered available throughout the period for which
the calculation applies.
(e) A
payment due to a member of the financial group, but paid to a third party for a
household expense, is considered available when the third party receives the
payment.
(f) In prospective
budgeting, income is considered available in the month the income is expected
to be received (see OAR 461-150-0020).
(g) In the OSIP, OSIPM, and QMB programs,
except for self-employment (see OAR 461-145-0915), wages that are earned in one
period of time but paid in another are considered available when they are
received, such as a teacher who works for nine months but is paid over twelve.
(3) The following income
is considered available even if not received:
(a) Deemed income.
(b) In the ERDC, REF, REFM, and TANF
programs, the portion of a payment from an assistance program, such as public
assistance, unemployment compensation, or Social Security, withheld to repay an
overpayment.
(c) In the OSIPM and
QMB programs, the portion of a payment from an assistance program (such as
public assistance, unemployment compensation, or Social Security) withheld to
repay an overpayment of the same source:
(A)
If withheld prior to July 1, 2014.
(B) If withheld on or after July 1, 2014 and:
(i) No member of the financial group was
receiving OSIP, OSIPM, or QMB during the period the benefit was overpaid; or
(ii) The withheld amount is not
excluded under paragraph (5)(e)(A) of this rule.
(d) In the SNAP program, the portion of a
payment from the TANF program counted as disqualifying income under OAR
461-145-0105.
(4) The
amount of income considered available is the gross before deductions, such as
garnishments, taxes, or other payroll deductions including flexible spending
accounts.
(5) The following income
is not considered available:
(a) Wages
withheld by an employer in violation of the law.
(b) Income received by another individual who
does not pay the client his or her share.
(c) Income received by a member of the
financial group after the individual has left the household.
(d) Moneys withheld from or returned to the
source of the income to repay an overpayment from that source unless the
repayment is countable (see OAR 461-001-0000)--
(A) In the SNAP program, under OAR
461-145-0105.
(B) In the ERDC, REF,
REFM, and TANF programs, under subsection (3)(b) of this rule.
(e) In the OSIP, OSIPM, and QMB
programs:
(A) The portion of a payment from
an assistance program, such as public assistance, unemployment compensation, or
Social Security withheld on or after July 1, 2014 to repay an overpayment from
the same source if at least one member of the financial group was receiving
OSIP, OSIPM, or QMB during the period the benefit was overpaid. The amount
considered unavailable cannot exceed the amount of the overpaid benefit
previously counted in determining eligibility (see OAR 461-001-0000) for OSIP,
OSIPM, or QMB.
(B) Monies withheld
from or returned to a source of income, when the source is not an assistance
program, to repay an overpayment of the same source.
(f) For an individual who is not
self-employed, income required to be expended on an ongoing, monthly basis on
an expense necessary to produce the income, such as supplies or rental of work
space.
(g) Income received by the
financial group but intended and used for the care of an individual not in the
financial group as follows:
(A) If the income
is intended both for an individual in the financial group and an individual not
in the financial group, the portion of the income intended for the care of the
individual not in the financial group is considered unavailable.
(B) If the portion intended for the care of
the individual not in the financial group cannot readily be identified, the
income is prorated evenly among the individuals for whom the income is
intended. The prorated share intended for the care of the individual not in the
financial group is then considered unavailable.
(h) In the ERDC, REF, REFM, SNAP, and TANF
programs, income controlled by the client's abuser if the client is a victim of
domestic violence (see OAR 461-001-0000), the client's abuser controls the
income and will not make the money available to the filing group (see OAR
461-110-0310), and the abuser is not in the client's filing group.
(i) In the OSIP, OSIPM, and QMB programs,
unearned income not received because a payment was reduced to cover expenses
incurred by a member of the financial group to secure the payment. For example,
if a retroactive check is received from a benefit program other than SSI, legal
fees connected with the claim are subtracted. Or, if payment is received for
damages received as a result of an accident the amount of legal, medical, or
other expenses incurred by a member of the financial group to secure the
payment are subtracted.
Notes
Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.049, 413.085, 414.685
Stats. Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.117, 411.404, 411.706, 411.816, 412.049, 413.085, 414.685, 414.839
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