Statutes, codes, and regulations
Oregon Administrative Code
Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS
Division 160 - DETERMINING FINANCIAL ELIGIBILITY AND CALCULATING BENEFIT LEVEL
Section 461-160-0550 - Income Deductions; Non-SSI OSIP (except OSIP-EPD) and OSIPM (except OSIPM-EPD) in the Community When There Are No Children in the Household Group

Or. Admin. Code § 461-160-0550

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Current through Register Vol. 63, No. 11, November 1, 2024
Section 461-160-0550 - Income Deductions; Non-SSI OSIP (except OSIP-EPD) and OSIPM (except OSIPM-EPD) in the Community When There Are No 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 benefits.
(2) This rule is used to calculate adjusted income (see OAR 461-001-0000) for individuals in the OSIP (except OSIP-EPD) and OSIPM (except OSIPM-EPD) programs who:
(a) Live in the community;
(b) Are not assumed eligible (see OAR 461-135-0010);
(c) Do not receive home and community-based care (see OAR 461-001-0030); and
(d) Do not have at least one ineligible child (see subsection (1)(a) of this rule) or child (see OAR 461-001-0000) in the household group (see OAR 461-110-0210).
(3) For purposes of this rule, and for determining whether an 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 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 with no spouse (see OAR 461-001-0000) in the household group, the Department calculates the adjusted income of the individual under section (6) of this rule. If the individual's adjusted income is equal to or greater than the OSIPM 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 with an ineligiblespouse who is in the household group, the Department calculates the adjusted income of the individual under section (6) 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, the individual is not eligible for the OSIPM program.
(b) If the individual's adjusted income is less than the OSIPM program adjusted income standard after completing the calculation referenced in subsection (a) of this section, 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 (6) of this rule.
(c) If the individual's adjusted income is less than the OSIPM program adjusted income standard after completing the calculation referenced in subsection (a) of this section, and the ineligible spouse is not in the individual's financial group, the individual meets the income requirements for the OSIPM program.
(6) To determine adjusted income, deductions from the countable (see OAR 461-001-0000) income are made in the following order:
(a) 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.
(b) One standard earned income deduction of $65.
(c) An income deduction for documented Impairment Related Work Expenses.
(d) One half of the remaining earned income.
(e) An income deduction for documented Blind Work Expenses (see OAR 461-001-0000).
(f) Any earned income used to fulfill a plan for self-support approved by the Social Security Administration.

Or. Admin. Code § 461-160-0550

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 28-1992, f. & cert. ef. 10-1-92; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99; AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04; SSP 6-2004, f. & cert. ef. 4-1-04; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08; SSP 17-2008, f. & cert. ef. 7-1-08; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 25-2008(Temp), f. 12-31-08, cert. ef. 1-1-09 thru 6-30-09; SSP 5-2009, f. & cert. ef. 4-1-09; SSP 13-2009, f. & cert. ef. 7-1-09; SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13; SSP 26-2013, f. & cert. ef. 10-1-13; SSP 15-2014, f. & cert. ef. 7-1-14; SSP 35-2015, f. 12-23-15, cert. ef. 1/1/2016; SSP 11-2018, amend filed 03/09/2018, effective 4/1/2018

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 409.050, 410.070, 411.060, 411.070, 411.083, 411.404, 411.706, 413.085 & 414.685