Or. Admin. R. 461-145-0345

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

Section 461-145-0345 - Military Income

Military income (pay and allowances of a member of a uniformed service) is treated as follows:

(1) Except as provided in section (2) of this rule:

(a) Military income is counted as earned income of the member's financial group (see OAR 461-110-0530), except as provided in subsection (b) of this section.

(b) The portion of military pay and allowances available to the financial group is counted as unearned income if the member is not included in the filing group.

(2) In the SNAP program:

(a) The military income available to the financial group is counted as unearned income if the member is not in the filing group (see OAR 461-110-0370), except as provided in subsections (b) and (c) of this section.

(b) The additional pay received by a member during deployment to an area described in 37 U.S.C. 310 (hostile fire or imminent danger pay) is excluded.

(c) Any amount reduced from basic pay for the GI Bill is excluded.

(d) The following process is used to determine the countable (see OAR 461-001-0000) amount after the exclusions under subsections (b) and (c) of this section:

(A) The amount of the group's military income immediately prior to the deployment is determined.

(B) The current amount of the group's military income is determined.

(C) The lesser of the two amounts in paragraphs (A) and (B) of this subsection is countable income.

Or. Admin. R. 461-145-0345

SSP 4-2005, f. & cert. ef. 4-1-05; SSP 10-2007, f. & cert. ef. 10-1-07

Stat. Auth.: ORS 411.060, 411.070, 411.816, 412.049, 414.042

Stats. Implemented: ORS 411.060, 411.070, 411.816, 412.049, 414.042