Statutes, codes, and regulations
Oregon Administrative Code
Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS
Division 140 - GENERAL FINANCIAL ELIGIBILITY
Section 461-140-0120 - Availability and Treatment of Lump-Sum Income

Or. Admin. Code § 461-140-0120

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Current through Register Vol. 63, No. 10, October 1, 2024
Section 461-140-0120 - Availability and Treatment of Lump-Sum Income
(1)Lump-sum income (see OAR 461-001-0000) is treated as follows if it is received by a member of a financial group (see OAR 461-110-0530).
(2) In the EA, REF, REFM, SNAP, and TANF programs:
(a)Lump-sum income is a resource.
(b) In the EA, REF, REFM, and TANF programs:
(A)Lump-sum income is considered available to the financial group when a member of the group receives the income and until the income becomes unavailable for a reason beyond the group's control.
(B)Lump-sum income is considered unavailable for a reason beyond the group's control if the member who received the lump-sum income:
(i) Leaves the financial group before spending any of the lump-sum income; or
(ii) Spends the lump-sum income on an immediate basic need or emergency.
(3) In the OSIP, OSIPM, and QMB-DW programs, lump-sum income is treated as follows:
(a)Lump-sum income not excluded is income in the month of receipt, and any amount remaining in future months is a resource, except that in the OSIP and OSIPM programs retroactive Social Security Benefits (SSB) and Supplemental Security Income (SSI) payments are treated in accordance with OAR 461-145-0490 and 461-145-0510.
(b) The following lump-sum income is excluded when calculating countable (see OAR 461-001-0000) income for the purposes of determining eligibility and calculating patient liability under OAR 461-160-0620:
(A) The income the individual turns over to the Department as reimbursement for previous assistance; and
(B) The income the individual uses to pay for special need items approved by the Department. Special needs are explained in OAR 461-155-0500 and following.
(c) When calculating countable income for the purposes of eligibility, the following exclusions apply to the total amount of combined lump-sum income and periodic income (see OAR 461-001-0000) received by an individual each month, including non-applying spouses and children:
(A) The first $10 of earned income received in a month.
(B) The first $20 of unearned income received in a month.
(4) In the QMB-BAS, QMB-SMB, and QMB-SMF programs:
(a)Lump-sum income not excluded is income in the month of receipt, except that retroactive SSB and SSI payments are treated in accordance with OAR 461-145-0490 and 461-145-0510.
(b) The following lump-sum income is excluded:
(A) The income the individual turns over to the Department as reimbursement for previous assistance; and
(B) The income the individual uses to pay for special need items approved by the Department. Special needs are explained in OAR 461-155-0500 and following.
(c) The following exclusions apply to combined lump-sum income and periodic income received by an individual, including non-applying spouses and children:
(A) The first $10 of earned income received in a month.
(B) The first $20 of unearned income received in a month.

Or. Admin. Code § 461-140-0120

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 1-1991(Temp), f. & cert. ef. 1-2-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 5-1993, f. & cert. ef. 4-1-93; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 13-1994, f. & cert. ef. 7-1-94; AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94; AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96; AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96; 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 7-1999, f. 4-27-99, cert. ef. 5-1-99; AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00; 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 17-2004, f. & cert. ef. 7-1-04; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12; 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 35-2015, f. 12-23-15, cert. ef. 1/1/2016; SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16; SSP 31-2016, f. & cert. ef. 9/1/2016; SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018; SSP 15-2018, temporary amend filed 03/28/2018, effective 04/01/2018 through 09/20/2018; SSP 15-2018, temporary amend filed 03/28/2018, effective 4/1/2018; SSP 22-2018, amend filed 06/05/2018, effective 7/1/2018; SSP 28-2018, amend filed 09/06/2018, effective 10/1/2018; SSP 62-2021, minor correction filed 12/13/2021, effective 12/13/2021; SSP 19-2023, amend filed 06/20/2023, effective 7/1/2023

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619

Statutes/Other Implemented: 409.010, 410.010, 410.020, 410.070, 410.080, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085, 414.619 & 414.117