Or. Admin. Code § 461-110-0530
Current through Register Vol. 63, No. 11, November 1, 2024
Section 461-110-0530 - Financial Group(1) Except as provided in section (4) of this rule, the "financial group" consists of the filing group (see OAR 461-110-0310) members whose income and resources the Department considers in determining eligibility (see OAR 461-001-0000) and benefits.(2) In the Oregon Supplemental Income Program Medical-Employed Persons with Disabilities(OSIPM-EPD), Qualified Medicare Beneficiaries (QMB), and Supplemental Nutrition Assistance Program (SNAP), the "financial group" consists of each individual in the filing group.(3) In the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs, the "financial group" consists of each individual in the filing group, except an individual who is eligible for and receives a Supplemental Security Income(SSI) cash payment.(4) In the Oregon Supplemental Income Program Medical (OSIPM) (except OSIPM-EPD):(a) For the purposes of this section of this rule, "ineligible" means an individual not eligible to receive either SSIor Temporary Assistance for Needy Families (TANF) program benefits.(b) When an individual lives in a standard living arrangement (see OAR 461-001-0000): (A) Except as provided in paragraph (B) of this subsection, each member of the filing group is in the "financial group".(B) When an individual is married, not assumed eligible (see OAR 461-135-0010) for OSIPM, and the individual's spouse (see OAR 461-001-0000) is considered "ineligible" (see subsection (a) of this section): (i) If the individual's adjusted income (see OAR 461-001-0000) using the deductions allowed under OAR 461-160-0550(4), or after being evaluated under certain protected groups (see OAR 461-135-0771 to OAR 461-135-0830), is greater than the OSIPM program adjusted income standard for a need group of one under OAR 461-155-0250, the individual is in theirown "financial group" and not eligible for OSIPM.(ii) When there are children in the home, if the ineligible spouse's remaining countable (see OAR 461-001-0000) income after allocation (see OAR 461-160-0551) to each ineligible child is equal to or less than the difference between the couple and the individual SSI standards: the spouse is not included in the "financial group" when determining income eligibility; however, the spouse is included in the "financial group" when determining resource eligibility.(iii) When there are no children in the home, if the ineligible spouse's countable income is less than the difference between the couple and the individual SSI standards: the spouse is not included in the "financial group" when determining income eligibility; however, the spouse is included in the "financial group" when determining resource eligibility.(c) When an individual is in a nonstandard living arrangement (see OAR 461-001-0000), or the individual is beingevaluated underOAR 461-135-0745, and the community spouse is not in the household group; the community spouse is included in the "financial group" to determine initial eligibility as follows: (A) At initial eligibility, the resources of the community spouse are considered in order to calculate the community spouse resource allowance and the provisions of OAR 461-160-0580 apply.(B) The income of the community spouse is not considered in determining initial eligibilityexcept when calculating the community spouse resource allowance as specified in OAR 461-160-0580, and the community spouse is not included in any other eligibility group.(5) In the TANF program, the "financial group" consists of each individual in the filing group except the following: (a) A caretaker relative, other than a parent, who chooses not to be included in the need group and has income less than the non-needy countable income limit standard (see OAR 461-155-0030) for the filing group of the caretaker relative.(b) The spouse of a caretaker relative, when the caretaker relative meets the requirements under subsection (a) of this section.(c) A dependent child of a caretaker relative when the caretaker relative meets the requirements under subsection (a) of this section.(d) An individual who is eligible for and receives an SSI cash payment.Or. Admin. Code § 461-110-0530
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 17-2008, f. & cert. ef. 7-1-08; SSP 8-2009(Temp), f. 4-20-09, cert. ef. 5-1-09 thru 10-28-09; SSP 13-2009, f. & cert. ef. 7-1-09; SSP 14-2009(Temp), f. & cert. ef. 7-1-09 thru 10-28-09; SSP 28-2009, f. & cert. ef. 10-1-09; SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SSP 18-2010, f. & cert. ef. 7-1-10; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11; SSP 16-2012(Temp), f. & cert. ef. 5-1-12 thru 10-28-12; SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 15-2014, f. & cert. ef. 7-1-14; SSP 24-2015, f. 9-29-15, cert. ef. 10/1/2015; SSP 40-2016, f. & cert. ef. 11/1/2016; SSP 23-2017, f. 9-11-17, cert. ef. 10/1/2017; SSP 33-2017, amend filed 12/8/2017, effective 1/1/2018; SSP 34-2021, amend filed 06/23/2021, effective 7/1/2021; SSP 19-2023, amend filed 06/20/2023, effective 7/1/2023; SSP 41-2024, amend filed 06/20/2024, effective 7/1/2024Statutory/Other Authority:411.404, 411.706, 411.816, 412.006, 412.049, 412.064, 412.124, 414.712, ORS 409.050, 411.060, 411.070, 413.085 & 414.619
Statutes/Other Implemented:414.826, 414.117, 411.404, 411.706, 411.816, 412.006, 412.049, 412.064, 412.124, 414.712, 411.060, 411.070 & ORS 409.010