Or. Admin. Code § 461-135-0830 - Eligibility for Disabled Adult Children; OSIPM

An individual is evaluated for OSIPM as a Disabled Adult Child if the individual meets all of the following requirements:

(1) The individual is age 18 or older.

(2) The Social Security Administration has determined that the individual became blind or a person with a disability (as defined by SSA) before reaching the age of 22.

(3) The individual lost SSI benefits on or after July 1, 1987 because the individual became eligible for Social Security benefits from a parent's Social Security benefit as a result of a parent's retirement, death, or disability, or because of an increase in such benefits.

(4) The individual would continue to be eligible for SSI in the absence of the Social Security Disabled Adult Child benefit or increases to that benefit. The amount of the individual's countable (see OAR 461-001-0000) income is determined as follows:

(a) For an individual who loses SSI as a result of receiving an initial award of Title II Disabled Adult Child benefits, the original Title II Disabled Adult Child benefit amount, including any subsequent COLAs, that creates ineligibility for SSI is excluded.

(b) For an individual who received both SSI and Title II Disabled Adult Child benefits and who lost SSI as a result of receiving an increase in Title II Disabled Adult Child benefits, the disregard is determined as follows:

(A) For individuals who received a non-COLA-related increase to Title II Disabled Adult Child benefits that created ineligibility for SSI, the amount of the increase, and any subsequent COLAs, are excluded and the amount received prior to the increase is used as the countable income amount.

(B) For an individual who lost SSI due to an annual Title II COLA, all COLAs received since the last month that the individual was eligible for and received both Title II Disabled Adult Child and SSI benefits are excluded.

(c) All other income of the individual is treated according to the administrative rule for that type of asset.

(5) An individual receiving Title II Disabled Adult Child benefits must meet the OSIPM resource limit and all other non-financial eligibility requirements.

Notes

Or. Admin. Code § 461-135-0830

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 15-1996, f. 4-29-96, cert. ef. 5-1-96; AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99; SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04; SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06; SSP 11-2018, amend filed 03/09/2018, effective 4/1/2018

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 413.085 & 414.685

Statutes/Other Implemented: ORS 409.010, 411.060, 411.404 & 42 USC 1383c