Or. Admin. R. 461-145-0200

Current through Register Vol. 63, No. 6, June 1, 2024

Section 461-145-0200 - Foster Care Payments and Guardianship Assistance Benefits

Payments for foster care and benefits from the Guardianship Assistance program (see OAR 413-070-0000) are treated as follows:

(1) In all programs except the REF, REFM, SNAP, and TANF programs:

(a) If the provider of foster care or the guardian is in the financial group (see OAR 461-110-0530), the payments or benefits are treated as earned income except that it is excluded in the following situations:

(A) The amount the placement agency identifies as being for room and board, clothing, or personal incidental needs (including recreational expenses) of the individual in foster care is excluded.

(B) The amount designated for special need items of the individual in foster care is excluded.

(b) If the provider of foster care or the guardian is not in the financial group, the payments or benefits are excluded.

(2) In the SNAP program:

(a) The payments or benefits are counted as unearned income only if the person in foster care or under guardianship is in the filing group (see OAR 461-110-0370). The payments or benefits are excluded if the person in foster care or under guardianship is in the household group (see OAR 461-110-0210) but not in the filing group.

(b) The payments or benefits are counted as self-employment income if the provider of foster care and the person receiving the care or the guardian and the person under guardianship are not in the same household group.

(3) In the REF, REFM, and TANF programs:

(a) For adult foster care, if the provider or the guardian is in the financial group, the payments or benefits are treated as earned income except that they are excluded in the following situations:

(A) The amount the placement agency identifies as being for room and board, clothing, or personal incidental needs (including recreational expenses) of the individual in foster care is excluded.

(B) The amount designated for special items of the individual in foster care is excluded.

(b) For adult foster care, if the provider or the guardian is not in the financial group, the payments or benefits are excluded.

(c) Payments or benefits for children in foster care are excluded.

Or. Admin. R. 461-145-0200

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 1-1993, f. & cert. ef. 2-1-93; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 2-2015(Temp), f. & cert. ef. 1-1-15 thru 6-29-15; SSP 17-2015, f. & cert. ef. 6/30/2015; SSP 22-2017, f. 9-8-17 & cert. ef. 10/1/2017; SSP 10-2018, amend filed 03/07/2018, effective 4/1/2018; SSP 40-2021, minor correction filed 07/06/2021, effective 7/6/2021; SSP 17-2023, amend filed 06/14/2023, effective 7/1/2023

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685

Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049