Or. Admin. R. 461-145-0410
Current through Register Vol. 63, No. 6, June 1, 2024
Section 461-145-0410 - Program Benefits(1) Emergency Assistance (EA) payments are treated as follows: (a) In the SNAP program, a payment made directly to the financial group (see OAR 461-110-0530) is counted as unearned income. Dual payee and provider-direct payments are excluded.(b) In all programs except the SNAP program, these payments are excluded.(2)Employment Payments (see OAR 461-001-0025 and 461-135-1270) are treated as follows: (a) In the REF, REFM, SNAP, and TANF programs, these payments are counted as unearned income in the month received.(b) In all programs not covered in subsection (a) of this section, these payments are excluded.(3) Payments from ERDC and TANF child care are excluded unless the individual is the provider.(4) Payments from the MAGI medical (including MAGI-CHIP), OSIPM, QMB, and REFM programs are excluded.(5) Payments from JPI (see OAR 461-135-1260) are issued as a food benefit and are excluded.(6) SNAP payments are treated as follows: (a) The value of a SNAP benefit is excluded in all programs except the EA program. In the EA program, the value is counted as a resource when determining the emergency food needs of the filing group (see OAR 461-110-0310 and 461-110-0370).(b) OFSET service payments are excluded.(7) Benefits from the GA, OSIP (except OSIPM-ICP), REF, SFPSS, TANF, and Tribal -TANF programs are treated as follows:(a) In the EA program, these payments are counted as unearned income, except that these payments are excluded for a benefit group (see OAR 461-110-0750) whose emergent need is the result of domestic violence (see OAR 461-001-0000).(b) In the QMB-BAS, QMB-SMB, and QMB-SMF programs, these payments are excluded.(c) In the SNAP program: (A) These payments are treated as unearned income.(B) An amount received as a late processing payment is treated as lump-sum income (see OAR 461-001-0000 and 461-140-0120).(C) Payments made to correct an underpayment are treated as lump-sum income.(D) Ongoing special needs payments for laundry allowances, special diet or meal allowance, restaurant meals, accommodation allowances, and telephone allowances are treated as unearned income. All other special needs payments are excluded as reimbursements.(d) In all programs except the EA,QMB-BAS, QMB-SMB, QMB-SMF, and SNAP programs: (A) These payments are excluded in the month received, and any portion remaining following the month of receipt is counted as a resource.(B) Payments made to correct an underpayment are excluded.(e) In all programs: (A) JOBS, REF, TANF JOBS Plus, and TANF YEP support service payments are excluded.(B) For the treatment of JOBS Plus and TANF YEP income, see OAR 461-145-0130.(8) Payments from OSIPM-ICP (OSIPM-Independent Choices Program) are treated as follows: (a) In the SNAP program, these payments are counted as unearned income and assets held in a contingency fund (see OAR 411-030-0020) are counted as a resource.(b) In all other programs, these payments and funds held in a contingency fund are excluded.(9) Pre-TANF program payments are treated as follows:(a) In the SNAP program, a payment for basic living expenses, made directly to the financial group, is counted as unearned income. All other payments are excluded.(b) In all programs except the SNAP program, these payments are excluded.(10) TA-DVS payments are excluded for all programs.Or. Admin. R. 461-145-0410
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 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 5-1991, f. & cert. ef. 2-1-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 21-1992(Temp), f. 7-31-92, cert. ef. 8-1-92; AFS 32-1992, f. 10-30-92, cert. ef. 11-1-92; 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 22-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 26-1996, 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 9-1997, f. & cert. ef. 7-1-97; AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97; AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00; AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 22-2004, f. & cert. ef. 10-1-04; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 18-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12; SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12; SSP 36-2011(Temp), f. 12-27-11, cert. ef. 1-1-12 thru 6-29-12; SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12; 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 15-2016, f. & cert. ef. 4/1/2016; 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 28-2018, amend filed 09/06/2018, effective 10/1/2018; SSP 36-2018, amend filed 12/04/2018, effective 1/1/2019; SSP 14-2019, amend filed 06/11/2019, effective 7/1/2019; SSP 9-2021, minor correction filed 02/18/2021, effective 2/18/2021; SSP 26-2021, amend filed 03/24/2021, effective 4/1/2021; SSP 17-2023, amend filed 06/14/2023, effective 7/1/2023; SSP 47-2023, amend filed 09/25/2023, effective 10/1/2023Statutory/Other Authority: ORS 409.050, 411.083, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: ORS 409.010, 411.083, 411.404, 411.816, 412.014, 412.049 & 7 CFR 273.9