Or. Admin. R. 461-145-0580
Current through Register Vol. 63, No. 6, June 1, 2024
Section 461-145-0580 - Veterans' Benefits(1) Veterans' benefits, other than the educational and training and rehabilitation program benefits, are treated as follows:(a) Except as specified in sections (2), (5), and (6) of this rule, monthly payments are counted as unearned income.(b) Other payments are counted as periodic or lump sum income (see OAR 461-140-0110 and 461-140-0120).(2) Aid-and-attendance and housebound payments are treated as follows: (a) For OSIP and OSIPM clients receiving long-term care or home and community-based care (see OAR 461-001-0030):(A) Aid-and-attendance and housebound benefit payments are excluded.(B) When calculating monthly service benefits or patient liability, the entire veterans' aid-and-attendance and housebound benefit payment is counted as unearned income.(C) Payments for services not covered by the Department's programs are excluded.(D) If the client receives a payment covering a previous period of eligibility, the client is required to turn over to the Department the full amount of the payment up to the cost of institutional and home and community-based care provided to the client during the months covered by the payment. A client's failure to reimburse the Department in this instance constitutes an overpayment of public assistance in accordance with OAR 461-195-0501 and 461-195-0521 and ORS 411.640 and 411.690. Any excess veterans' benefit payment made to the client is counted as lump sum or periodic income.(b) For all other clients not covered under subsection (a) of this section: (A) In the SNAP program, aid-and-attendance payments used to pay for an attendant are treated as a reimbursement and excluded (see OAR 461-145-0440). The remaining benefits, if any, are counted as unearned income.(B) In the OSIPM and QMB programs, the aid-and-attendance and housebound payments are excluded. Any remaining veterans' benefits are counted as unearned income unless excluded under another rule or another section of this rule.(C) Reimbursements paid to the client for costs and services already paid for by the Department are third-party resources and may be recovered from the client as an overpayment of public assistance pursuant to OAR 461-195-0501, 461-195-0521, and 461-195-0551. Any unrecovered third-party resource or payment above the actual cost is counted as lump-sum or periodic income (see OAR 461-140-0110 and 461-140-0120).(3) Educational benefits from the United States Veterans Administration are treated in accordance with OAR 461-145-0150.(4) A subsistence allowance from a training and rehabilitation program of the United States Veterans Administration is treated:(a) In the SNAP program, as earned income (see OAR 461-145-0130).(b) In all other programs, as unearned income.(5) The following payments are excluded:(a) Payments under 38 USC 1805 to biological children of Vietnam veterans who are born with spina bifida.(b) Payments under 38 USC 1815 to children with birth defects born to female Vietnam veterans.(6) In the OSIPM and QMB programs: (a) Payments made as part of a Veterans Administration vocational rehabilitation are excluded.(b) Medal of Honor pension payments are excluded.Or. Admin. R. 461-145-0580
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; AFS 5-2002, f. & cert. ef. 4-1-02; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08; SSP 5-2009, f. & cert. ef. 4-1-09; SSP 26-2012(Temp), f. & cert. ef. 7-11-12 thru 1-7-13; SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13; SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13; SSP 26-2013, f. & cert. ef. 10-1-13; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 33-2017, amend filed 12/8/2017, effective 1/1/2018; SSP 28-2018, amend filed 09/06/2018, effective 10/1/2018Statutory/Other Authority: ORS 414.685, ORS 411.060, 411.404, 411.816, 412.014, 412.049, 329A.500 & 413.085
Statutes/Other Implemented: ORS 411.060, 411.404, 411.620, 411.640, 411.690, 411.700, 411.816, 412.014, 412.049 & 329A.500