Or. Admin. R. 461-160-0300 - [Repealed]

State Regulations
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Notes

Or. Admin. R. 461-160-0300

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 17-1990(Temp), f. 6-29-90, cert. ef. 7-1-90; AFS 26-1990, f. & cert. ef. 11-29-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01; SSP 13-2009, f. & cert. ef. 7-1-09; SSP 29-2015(Temp), f. & cert. ef. 10-1-15 thru 3-28-16; SSP 36-2015, f. 12-23-15, cert. ef. 1/1/2016; SSP 51-2021, temporary amend filed 09/30/2021, effective 10/1/2021through 3/27/2022; SSP 76-2021, temporary amend filed 12/20/2021, effective 1/1/2022 through 3/27/2022; SSP 7-2022, amend filed 02/03/2022, effective 2/18/2022; SSP 32-2022, temporary amend filed 03/11/2022, effective 3/11/2022 through 9/6/2022; SSP 41-2022, amend filed 06/30/2022, effective 7/1/2022; SSP 14-2023, temporary amend filed 04/07/2023, effective 4/7/2023 through 10/3/2023; SSP 20-2023, f. 6/22/2023, & cert. ef. 7/1/2023

Statutory/Other Authority: ORS 411.060

Statutes/Other Implemented: ORS 409.610, 411.060 & 411.122

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.

The Department determines financial eligibility (see OAR 461-001-0000) for ERDC and the copay benefit level as follows:

(1) ERDC financial eligibility.

(a) The financial group (see OAR 461-110-0530) may not exceed the resource limit in OAR 461-160-0015.

(b) The monthly countable (see OAR 461-001-0000 and 461-145-0930) gross income of the financial group is determined in accordance with OAR 461-150-0060. If monthly countable income equals or exceeds the eligibility standards, the need group (see OAR 461-110-0630) is ineligible for ERDC.

(A) At initial certification, the ERDC eligibility standard is met for a need group of eight or less if monthly countable income for the need group is less than 200 percent of the federal poverty level (FPL), as described in OAR 461-155-0180. The eligibility standard for a need group of eight applies to any need group larger than eight.

(B) During the certification period (see OAR 461-001-0000) and at recertification the ERDC eligibility standard is met for a need group of eight or less if monthly countable income for the need group during the 12 month period is less than 250 percent FPL or 85 percent state median income (SMI), whichever is higher, as described in OAR 461-155-0180. The eligibility standard for a need group of eight applies to any need group larger than eight.

(c) The copay calculated under section (3) of this rule is compared to the allowable child care cost under section (2) of this rule. If the copay is equal to or greater than the allowable child care cost, the client is not eligible for ERDC.

(2) Allowable Child Care Cost. For an individual found eligible under section (1) of this rule, the allowable child care cost is set under this section.

(a) The child care costs for which the client has been billed are compared to the amount provided in the appropriate child care chart in OAR 461-155-0150. The allowable child care cost is the lesser of the two amounts.

(b) The need group's copay is determined in accordance with section (3) of this rule.

(c) The copay is subtracted from the allowable child care cost, and the remainder is the payment the Department makes to the provider.

(3) Copay Calculation.

(a) A need group with a certification period that began in March 2020 through September 2021 shall have a monthly copay of $0 for the entirety of the certification period. The copay calculation for February 2020 and earlier is found in previous versions of OAR 461-155-0150.

(b) When determining the copay, upon the applicant's request, the Department may exclude at least 50 percent of gross self-employment income when a need group has countable self-employment income and permitted costs (see OAR 461-145-0910 and 461-145-0920). The maximum exclusion is the total of all actual costs permitted under OAR 461-145-0920.

(c) Effective March 1, 2023, the monthly copay shall be as follows, using the countable income, or countable self-employment income minus permitted costs:

Need group size of 2

Income............	Monthly Copay
$0 - $1643.99 ..........	$0
$1644 - $2464.99 ........	$5
$2465 - $3286.99 ........	$10
$3287 - $3697.99 ........	$40
$3698 - $4826.99 ........	$100

Need group size of 3

Income.............	Monthly Copay
$0 - $2071.99 ...........	$0
$2072 - 3107.99 ..........	$5
$3108 - $3625.99 ........	$10
$3626 - $4143.99 ........	$15
$4144 - $4661.99 ........	$50
$4662 - $5962.99 ........	$110

Need group size of 4

Income............	Monthly Copay
$0 - $2499.99 ........ .....	$0
$2500 - $3749.99........	$5
$3750 - $4374.99........	$10
$4375 - $4999.99........	$20
$5000 - $5624.99........	$60
$5625 - $7098.99........	$120

Need group size of 5

Income............	Monthly Copay
$0 - $2928.99...........	$0
$2929 - $4392.99........	$5
$4393 - $5124.99........	$10
$5125 - $5856.99........	$25
$5857 - $6588.99........	$70
$6589 - $8233.99........	$130

Need group size of 6

Income............	Monthly Copay
$0 - $3356.99...........	$0
$3357 - $5034.99........	$5
$5035 - $5874.99........	$10
$5875 - $6713.99........	$25
$6714 - $7552.99........	$70
$7553 - $9369.99........	$130

Need group size of 7

Income............	Monthly Copay
$0 - $3784.99..........	$0
$3785 - $5677.99........	$5
$5678 - $6623.99........	$10
$6624 - $7569.99........	$25
$7570 - $8516.99........	$70
$8517 - $9582.99........	$130

Need group size of 8 or more

Income............	Monthly Copay
$0 - $4213.99..........	$0
$4214 - $6319.99........	$5
$6320 - $7373.99........	$10
$7374 - $8426.99........	$25
$8427 - $9479.99........	$70
$9480 - $10,533.99.......	$130

(d) Notwithstanding the provisions of this rule section, the ERDC copay may be reduced or temporarily waived as follows:

(A) Reduced to $0 for no more than three months after closure of TANF benefits when:

(i) The closure is because an individual in the need group had earned income that led to the TANF closure;

(ii) An ERDC date of request (see OAR 461-115-0030) is established within 90 days of closure; and

(iii) The individual is eligible for ERDC at initial certification.

(B) As allowed under OARs 461-160-0040 and 461-135-0405.

Notes

Or. Admin. R. 461-160-0300

SSP 14-2023, temporary amend filed 04/07/2023, effective 4/7/2023 through 10/3/2023

Statutory/Other Authority: ORS 411.060

Statutes/Other Implemented: ORS 409.610, 411.060 & 411.122