Or. Admin. R. 461-140-0110 - Treatment of Periodic Income

(1) In the SNAP and TANF programs, for a filing group (see OAR 461-110-0330 and 461-110-0370) that includes at least one member who is working under a TANF JOBS Plus agreement, periodic income (see OAR 461-001-0000) is excluded.

(2) In the REF, SNAP, and TANF programs, for filing groups not covered under section (1) of this rule, periodic income is averaged over the applicable period.

(3) In the OSIPM and QMB programs, periodic income is averaged over the applicable period, except as follows:

(a) A new source of periodic income received or expected to be received in any month following the month containing the date of request (see OAR 461-115-0030) is not averaged and counted until the first month it is received following the month containing the date of request.

(b) When determining countable (see OAR 461-001-0000) income for retroactive eligibility:

(A) Any ongoing periodic income received in a retroactive month is averaged.

(B) A new source of periodic income received in a retroactive month is averaged from the month of receipt forward.

(c) When determining countable income for the purposes of eligibility, the following exclusions apply to the total amount of combined periodic income and lump-sum income (see OAR 461-001-0000) received by an individual each month, including non-applying spouses and children:

(A) A $10 monthly exclusion from earned income.

(B) A $20 monthly exclusion from unearned income.

(d) For purposes of calculating patient liability under OAR 461-160-0620:

(A) Any periodic income received in a month prior to the month containing the date of request for services is excluded.

(B) Any periodic income received or expected to be received in the month containing the date of request for services, is not averaged and counted until the next time it is received after the month containing the date of request.

(C) For purposes of counting periodic income and calculating liability, an individual is not considered to have a break in services when the individual is admitted to a nursing facility or hospital and begins receiving services again upon discharge.

(4) In the REFM program, periodic income is averaged over the applicable period if received in the month of application.

(5) In all programs not covered under sections (1) to (3) of this rule, periodic income is counted in the month received.

Notes

Or. Admin. R. 461-140-0110

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00; AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11; SSP 23-2015, f. 9-28-15, cert. ef. 10/1/2015; SSP 22-2017, f. 9-8-17 & cert. ef. 10/1/2017; SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018; SSP 15-2018, temporary amend filed 03/28/2018, effective 4/1/2018 through 09/20/2018; SSP 22-2018, amend filed 06/05/2018, effective 7/1/2018; SSP 28-2018, amend filed 09/06/2018, effective 10/1/2018; SSP 61-2021, minor correction filed 12/13/2021, effective 12/13/2021; SSP 19-2023, amend filed 06/20/2023, effective 7/1/2023

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 413.085 & 414.619

Statutes/Other Implemented: 409.010, 409.610, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619