Statutes, codes, and regulations
Oregon Administrative Code
Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS
Division 145 - TREATMENTS OF SPECIFIC ASSETS
Section 461-145-0130 - Earned Income; Treatment

Or. Admin. Code § 461-145-0130

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Current through Register Vol. 63, No. 10, October 1, 2024
Section 461-145-0130 - Earned Income; Treatment
(1) Earned income (see OAR 461-145-0120) is countable (see OAR 461-001-0000) in determining eligibility (see OAR 461-001-0000) for programs, subject to the provisions in sections (2) to (9) of this rule.
(2) JOBS Plus income is earned income and is treated as follows:
(a) In the SNAP program:
(A) JOBS Plus income earned by a TANF-PLS (see OAR 461-101-0010) participant:
(i) Is counted in determining initial SNAP program eligibility.
(ii) Is excluded in determining ongoing eligibility.
(B) JOBS Plus wages received after the individual's last month of work under a TANF-PLS JOBS Plus agreement are counted.
(b) In the TANF program, when determining the need for a TANF supplement for a TANF-PLS individual, the income is treated as follows:
(A) It is excluded in determining the countable income limit and in calculating the benefit equivalency standards.
(B) It is counted in calculating the wage supplement.
(C) JOBS Plus wages received after the individual's last month of work under a JOBS Plus agreement are counted.
(c) In the OSIPM and QMB programs, JOBS Plus wages received after the individual's last month of work under a TANF-PLS JOBS Plus agreement are counted.
(d) In all programs not covered under subsections (a) to (c) of this section, TANF-PLS income is counted as earned income.
(e) In all programs, wages received under the Tribal TANF JOBS programs are counted as earned income.
(3) TANF YEP income is treated as follows:
(a) In all programs except SNAP, the income is excluded.
(b) In the SNAP program, unless excluded under section (8) of this rule, the income is treated as earned income.
(4) Welfare-to-Work work experience income is treated as follows:
(a) In the REF, REFM, and TANF programs, the income is earned income, and the first $260 is excluded each month.
(b) In the SNAP program, the income is earned income.
(5) In the OSIP, OSIPM, and QMB programs, documented net losses from a self-employment business (see OAR 461-150-0095) are excluded from any other source of earned income of the financial group (see OAR 461-110-0530). This does not include dividends or profits (see OAR 461-145-0089).
(6) In the REF and REFM programs:
(a) Income remaining after the month of receipt is a resource.
(b) Earned in-kind income is excluded (see OAR 461-145-0280 and 461-145-0470).
(7) In the TANF program:
(a) Earned income of the following children is excluded:
(A) Dependent children under the age of 19 years, and minor parents under the age of 18 years, who are full-time students in grade 12 or below (or the equivalent level of vocational training, in GED courses), or in home schooling approved by the local school district.
(B) Dependent children under the age of 18 years who are attending school part-time (as defined by the institution) and are not employed full-time.
(C) Dependent children too young to be in school.
(b) Income remaining after the month of receipt is a resource.
(c) Earned in-kind income is excluded (see OAR 461-145-0280 and 461-145-0470).
(8) In the SNAP program:
(a) If a cafeteria plan (see OAR 461-001-0000) benefit that the employee may not elect to receive as a cash payment is designated and used to pay for child care, medical care, or health insurance, the benefit is excluded unless it is reimbursed by the Department. If reimbursed, the Department counts it as earned income.
(b) The following types of income are excluded:
(A) The earned income of an individual under the age of 18 years who is under the parental control of another member of the household and is:
(i) Attending elementary or high school;
(ii) Attending GED classes recognized by the local school district;
(iii) Completing home-school elementary or high school classes recognized by the local school district; or
(iv) Too young to attend elementary school.
(B) Earned in-kind income, except as provided in section (9) of this rule.
(C) Deductions from base pay for future educational costs under Pub. L. No. 99-576, 100 Stat. 3248 (1986), for an individual on active military duty.
(D) Income remaining after the month of receipt is a resource.
(9) In the SNAP program, earned in-kind income (see OAR 461-145-0280) is excluded unless it is one of the following:
(a) An expenditure by a business entity that benefits a principal (see OAR 461-145-0088).
(b) A credit card company gift card, such as Mastercard or Visa, which is received regularly and can be reasonably anticipated. This does not include specific gift cards, such as those from a retailer or restaurant.
(10) In all programs, the income of a temporary employee of the U.S. Census Bureau employed to assist in taking the census is excluded.

Or. Admin. Code § 461-145-0130

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 9-1990, f. & cert. ef. 3-2-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 17-1992, f. & cert. ef. 7-1-92; AFS 28-1992, f. & cert. ef. 10-1-92; AFS 1-1993, f. & cert. ef. 2-1-93; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 19-1994, f. & cert. ef. 9-1-94; AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94; AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95; AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 17-1996, f. 4-29-96, cert. ef. 5-1-96; AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96; AFS 32-1996(Temp), f. & cert. ef. 9-23-96; 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 10-1998, f. 6-29-98, cert. ef. 7-1-98; AFS 11-1999, f. & cert. ef. 10-1-99; AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; AFS 7-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 9-1-00; AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00; AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01; AFS 17-2001(Temp), f. 8-31-01, cert. ef. 9-1-01 thru 9-30-01; AFS 22-2001, f. & cert. ef. 10-1-01; SSP 7-2003, f. & cert. ef. 4-1-03; SSP 23-2003, f. & cert. ef. 10-1-03; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 31-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SSP 5-2010, f. & cert. ef. 4-1-10; SSP 14-2010(Temp), f. & cert. ef. 5-19-10 thru 11-15-10; SSP 32-2010, f. & cert. ef. 10-1-10; SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12; 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 11-2015, f. 3-13-15, cert. ef. 4/1/2015; SSP 25-2015, f. 9-29-15, cert. ef. 10/1/2015; SSP 11-2018, amend filed 03/09/2018, effective 4/1/2018; SSP 22-2018, amend filed 06/05/2018, effective 7/1/2018; SSP 23-2019, amend filed 10/21/2019, effective 10/22/2019; SSP 44-2020, amend filed 12/22/2020, effective 1/1/2021; SSP 17-2023, amend filed 06/14/2023, effective 7/1/2023; SSP 47-2023, amend filed 09/25/2023, effective 10/1/2023

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.083, 411.404, 411.706, 411.816, 411.892, 412.014, 412.049, 413.085 & 414.619

Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.083, 411.404, 411.706, 411.816, 411.892, 412.014, 412.049, 413.085, 414.619 & 414.117