Except for Supplemental Security Income (SSI) (see OAR
461-145-0510) and death benefits
remaining after burial costs (see OAR
461-145-0500), Social Security
benefits are treated as follows:
(1)
Monthly payments are counted as unearned income.
(2) Except as provided in sections (3) and
(4) of this rule, all payments other than monthly payments are counted as
periodic or lump-sum income (see OAR
461-140-0110 and
461-140-0120).
(3) In the REF, REFM, SNAP, TA-DVS, and TANF
programs, the representative payee fee paid by an individual who is required by
the Social Security Administration to receive payments through a representative
payee is excluded. The amount of the exclusion is limited to the amount
authorized by the Social Security Administration.
(4) In the OSIP, OSIPM, and all QMB programs:
(a) For the purposes of this section, a
payment is retroactive if it is issued in any month after the calendar month
for which it is intended.
(b)
Retroactive payments are counted as unearned income in the month of receipt
except as provided in subsection (c) of this section.
(c) When retroactive payments are made
through the representative payee of an individual who is required to have a
representative payee because of a drug or alcohol use disorder, the retroactive
payments may be required to be made in installments. If the payments are made
in installments, the total of the benefits to be paid in installments is
considered unearned income in the month in which the first installment is
made.
(d) Except in the QMB-BAS,
QMB-SMB, and QMB-SMF programs, any remaining amount from a retroactive payment
after the month of receipt is excluded as a resource for nine calendar months
following the month in which the payment is received. After the nine-month
period, any remaining amount is a
countable (see OAR
461-001-0000)
resource.
Notes
Or. Admin. Code
§
461-145-0490
AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95; AFS
39-1996(Temp), f. 11-27-96, cert. ef. 12-1-96; AFS 3-1997, f. 3-31-97, cert.
ef. 4-1-97; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 7-2007, f. 6-29-07,
cert. ef. 7-1-07; SSP 8-2008, f. & cert. ef. 4-1-08; SSP 17-2008, f. &
cert. ef. 7-1-08; SSP 23-2008, f. & cert. ef. 10-1-08;
SSP
35-2015, f. 12-23-15, cert. ef.
1/1/2016;
SSP
28-2018, amend filed 09/06/2018, effective
10/1/2018;
SSP
75-2021, temporary amend filed 12/16/2021, effective
12/16/2021 through 6/13/2022;
SSP
35-2022, amend filed 04/28/2022, effective
5/1/2022;
SSP
17-2023, amend filed 06/14/2023, effective
7/1/2023
Statutory/Other Authority: ORS
409.050,
410.070,
411.060,
411.070,
411.083,
411.404,
411.816,
412.014,
412.049,
413.085 &
414.619
Statutes/Other Implemented: ORS
409.050,
410.070,
411.060,
411.070,
411.083,
411.404,
411.816,
412.014,
412.049,
413.085,
414.619, ORS
409.010 &
414.117
