Or. Admin. Code § 461-160-0551 - Income Deductions; Non-SSI OSIP (except OSIP-EPD) and OSIPM (except OSIPM-EPD) in the Community When There Are Children in the Household Group
(1) For purposes of
this rule:
(a) "Ineligible child" means an
individual who is:
(A) Unmarried;
(B) Living with a natural or adoptive
parent;
(C) Not considered a
decision-maker in the household;
(D) Not eligible to receive SSI or TANF
benefits; and
(E) Either under the
age of 18; or under the age of 22 and attending full-time secondary,
postsecondary, or vocational-technical training designed to prepare the
individual for employment.
(b) "Ineligible spouse" means a
spouse (see OAR
461-001-0000) who is not
eligible to receive either SSI or TANF.
(2) This rule is used to calculate
adjusted income (see OAR
461-001-0000) for an individual
in the OSIP (except OSIP-EPD) and OSIPM (except OSIPM-EPD) programs who meets
the requirements of all of the following subsections:
(a) Either:
(A) The individual is considered a
child under OAR
461-001-0000; or
(B) The individual is age 18 or older and has
at least one ineligible child (see subsection (1)(a) of this
rule) in the household group (see OAR
461-110-0210).
(b) Live in the
community.
(c) Is not assumed
eligible (see OAR 461-135-0010).
(d) Does not receive home and
community-based care (see OAR
461-001-0030).
(3) For purposes of this rule, and
for determining whether an individual's ineligible spouse is
included in the financial group (see OAR
461-115-0530), the
countable (see OAR
461-001-0000) income of the
ineligible spouse is further reduced by the following:
(a) All child support paid by an
ineligible spouse to any individual who is not in the
household group.
(b) The Department deducts the amount of
child support paid from unearned income first, and uses any remaining balance
to reduce earned income.
(4) For an individual described in section
(2) of this rule who is 18 or older and does not have a spouse
in the household group, the Department calculates the
adjusted income of the individual under subsections (7)(b) to
(7)(g) of this rule. If the individual's adjusted income is
equal to or greater than the OSIPM program adjusted income
standard for a need group of one under OAR
461-155-0250, the individual is
not eligible for the OSIPM program.
(5) For an individual described in section
(2) of this rule who is 18 or older, and has a spouse in the
household group who is receiving TANF or SSI benefits, the
Department calculates the adjusted income of the
financial group under subsections (7)(b) to (7)(g) of this
rule. If the adjusted income of the financial
group is equal to or greater than the OSIPM program adjusted
income standard for a need group of two under OAR
461-155-0250, the individual is
not eligible for the OSIPM program.
(6) For an individual described in section
(2) of this rule who is 18 or older, with an ineligible spouse
in the household group, the Department calculates the
adjusted income of the individual under subsections (7)(b) to
(7)(g) of this rule first.
(a) If the
individual's adjusted income is equal to or greater than the
OSIPM program adjusted income standard for a need
group of one under OAR
461-155-0250 after completing
the calculation referenced in section (6) of this rule, the individual is not
eligible for OSIPM.
(b) If the
individual's adjusted income is less than the OSIPM program
adjusted income standard for a need group of
one under OAR 461-155-0250 after completing
the calculation referenced in section (6) of this rule, and the
ineligible spouse is in the individual's financial
group, the Department calculates the adjusted income
of the financial group under sections (3) and (7) of this
rule.
(c) If the individual's
adjusted income is less than the OSIPM program
adjusted income standard for a need group of
one under OAR 461-155-0250 after completing
the calculation referenced in section (6) of this rule, and the
ineligible spouse is not in the individual's financial
group, the individual meets the income requirements for the OSIPM
program.
(7) To
determine adjusted income, deductions from countable
(see OAR 461-001-0000) income are made in
the following order:
(a) An allocation as
described below:
(A) When an adult is
applying, income is allocated (see paragraph (C) of this subsection) from an
ineligible spouse included in the financial
group to each ineligible child of the
couple.
(B) When a
child is applying:
(i)
Income from ineligible parents is first allocated to each
ineligible
child in the household
group.
(ii) Second, the
remaining income from subparagraph (i) of this paragraph is reduced as provided
in subsections (b) to (g) of this section.
(iii) Third, the remaining income is reduced
by the non-SSI OSIP and OSIPM adjusted income standard of the -
(I) Couple if both parents live with the
child; or
(II)
Individual if only one ineligible parent lives with the
child.
(iv) Fourth, the remainder is deemed equally
to each child applicant in the household
group.
(v) The income
deemed to the child is added to the other income of the
child and deductions are taken as described in subsections (b)
to (g) of this section to calculate the child's adjusted
income.
(C) The
maximum amount of each allocation under paragraphs (A) and (B) of this
subsection is the difference between the couple and the individual SSI
Standard. The allocation for paragraphs (A) and (B) of this subsection is
reduced by the other countable income of each
ineligible child. An allocation is taken from unearned income
first, and any remaining allocation is then taken from earned income.
(b) One standard deduction of $20
from unearned income.
(A) This deduction may
be taken from earned income if the individual or financial
group has less than $20 in unearned income.
(B) This deduction does not apply to a
benefit based on need that is totally or partially funded by the federal
government or by a nongovernmental agency.
(c) One standard earned income deduction of
$65.
(d) An income deduction for
documented Impairment Related Work Expenses (see OAR
461-001-0000).
(e) One half of the remaining earned
income.
(f) An income deduction for
documented Blind Work Expenses (see OAR
461-001-0000).
(g) Any earned income used to fulfill a plan
for self-support approved by the Social Security Administration.
Notes
Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.083, 411.404, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 410.070, 411.060, 411.070, 411.083, 411.404, 411.706, 413.085 & 414.685
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