Or. Admin. Code § 461-196-0090

Current through Register Vol. 63, No. 12, December 1, 2024

Section 461-196-0090 - [Effective 12/14/2024] Income Availability; SEBT

(1) Current Income refers to the gross income received by the filing group (see OAR 461-196-0020) the month prior to the Summer EBT application (see OAR 461-196-0020), before any deductions. If this income does not reflect the filing group's typical income, they can estimate their annual income.

(2) Self-employment income is considered countable based upon the net income after expenditures. Net income for self-employed individuals is figured by subtracting the individual's operating expenses from the gross receipts.

(a) Deductible business expenses include, but are not limited to:

(A) The cost of goods purchased.

(B) Rent.

(C) Utilities.

(D) Wages and salaries paid.

(E) Business taxes.

(b) Non-deductible business expenses include:

(A) The value of salable merchandise used by the proprietors of retail businesses.

(B) Personal, Federal, State, or local income taxes.

(c) Gross receipts include:

(A) The total income from goods sold or services rendered by the business.

(B) The value of all products sold.

(C) Money received from the rental of land, buildings, or equipment to others.

(3) Income is considered countable for determining SEBT eligibility unless specified as excluded per section (6) of this rule.

(4) Income of a child, who is under 18 years old, is considered countable unless excluded per section (6) of this rule.

(5) Income is considered available the date it is received or the date a member of the filing group has a legal right to the payment and the legal ability to make it available, whichever is earlier, except as follows:

(a) Income usually paid monthly or on some other regular payment schedule is considered available on the regular payment date if the date of payment is changed because of a holiday or weekend.

(b) Income withheld or diverted at the request of an individual is considered available on the date the income would have been paid without the withholding or diversion.

(c) An advance or draw of earned income is considered available on the date it is received.

(6) The following is excluded income for determining SEBT eligibility.

(a) Disaster Assistance:

(A) National Flood Insurance Program (NFIP) payments received by property owners.

(B) Payments under the Disaster Relief Act of 1974, as amended by the Disaster Relief and Emergency Assistance Amendments of 1989, P.L. 100-707.

(b) Housing assistance:

(A) Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

(B) Payments received under the Cranston-Gonzales National Affordable Housing Act, P.L. 101-625.

(C) Payments received under the Housing and Community Development Act of 1987.

(c) In-kind benefit including housing for clergy, cars for salespersons, employee medical or dental benefits, etc. are not cash payments and, therefore, are not considered as income.

(d) Infrequent earnings received on an irregular basis, such as payment for occasional baby-sitting or yard work.

(e) Loans, such as bank loans since these funds are only temporarily available and must be repaid.

(f) Lump-sum payments or large cash settlements that are not received on a regular basis.

(g) Military compensation:

(A) Combat pay.

(B) Family Subsistence Supplemental Allowance.

(C) Privatized housing allowances.

(D) Payments under the Agent Orange Compensation Exclusion Act, P.L. 101-201.

(h) Payments received from a foster care agency or court for the care of foster children.

(i) Supplemental Nutrition Assistance Program (SNAP) benefits.

(j) Student financial aid:

(A) Financial assistance provided for the costs of attendance at an educational institution, such as grants and scholarships awarded to meet educational expenses and not available to pay for meals.

(B) Student financial assistance received under Title IV of the Higher Education Act of 1965, including the Pell Grant, Supplemental Education Opportunity Grant, State Student Incentive Grants, National Direct Student Loan, PLUS, College Work Study, and Byrd Honor Scholarship Programs, to the extent excluded by the Act.

(C) Payments received under the Carl D. Perkins Vocational Education Act, as amended by the Carl D. Perkins Vocational and Applied Technology Act Amendments of 1990, P.L. 101-392.

(k) Tribal per Capita income if the income is held in a trust.

(l) Volunteer payments:

(A) Any payment to volunteers under Title I (VISTA and others) and Title II (RSVP, foster grandparents, and others) of the Domestic Volunteer Service Act of 1973 to the extent excluded by the Act.

(B) Payments to volunteers under Section 8(b)(1)(B) of the Small Business Act (SCORE and ACE).

(C) Payments and allowances to individuals participating in AmeriCorps to the extent excluded by the National and Community Service Act of 1990.

(m) Utility assistance payments under the Low-income Home Energy Assistance Act P.L. 99-125.

(n) Women Infant and Children (WIC) benefits.

Or. Admin. Code § 461-196-0090

SSP 40-2024, temporary adopt filed 06/18/2024, effective 6/18/2024 through 12/14/2024; SSP 58-2024, adopt filed 11/27/2024, effective 12/1/2024

Statutory/Other Authority: ORS 411.060

Statutes/Other Implemented: ORS 411.060