Oregon Administrative Code

461-160-0090 Employment and Independence Expenses; OSIP-EPD and OSIPM-EPD In the OSIP-EPD and OSIPM-EPD programs, an employment and independence expense (see OAR 461-001-0035) must be approved by the branch office prior to its use as a deduction from countable income (see OAR 461…

461-160-0100 How Income Affects Eligibility and Benefits; REF, SFPSS, TANF (1) In the REF and TANF programs, countable (see OAR 461-001-0000) income and adjusted income (see OAR 461-001-0000 and 461-160-0160) are compared to the standards in OAR 461-155-0030 to determine eligibil…

461-160-0140 How Income and Resources are Used to Determine Eligibility and Benefit for EA The Department considers a client’s income and resources in determining eligibility and benefit level for EA as follows: (1) The financial group’s countable income is compared to the TANF a…

461-160-0160 Earned Income Deduction; REF, REFM, and TANF In the REF, REFM, and TANF programs, the earned income deduction authorized in this division of rules is allowed for each person in the financial group who has earned income. The earned income deduction is 50 percent of th…

461-160-0400 Use of Income to Determine Eligibility and Benefits; SNAP In the SNAP program, the countable income (see OAR 461-140-0010) and adjusted income (see OAR 461-001-0000) of the financial group (see OAR 461-110-0530) are used to determine eligibility for SNAP benefits and…

461-160-0410 Use of Income and Income Deductions When There Are Ineligible or Disqualified Group Members; SNAP When a member of the filing group (see OAR 461-110-0310 and 461-110-0370) is not in the need group (see OAR 461-110-0630), benefits in the SNAP program are calculated as…

461-160-0415 Medical Deduction; SNAP (1) This rule explains how to calculate the deduction for medical costs in the SNAP program allowed under OAR 461-160-0055 when incurred by an elderly (see 461-001-0015) member of the filing group (see 461-110-0370) or by a filing group member…

461-160-0420 Shelter Cost; SNAP (1) This rule explains how to calculate the shelter cost. The shelter cost is used to determine the shelter deduction (see OAR 461-160-0430). The shelter cost is the sum of the filing group's cost of housing plus an allowance for utilities, if the …

461-160-0430 Income Deductions; SNAP In the Supplemental Nutrition Assistance Program (SNAP): (1) Deductions from income are subtracted from countable (see OAR 461-001-0000) income (see OAR 461-140-0010) in the following order to determine adjusted income (see OAR 461-001-0000) f…

461-160-0500 Use of Income to Determine Benefits; GA In the GA program, the countable income (see section (1) of this rule) and adjusted income (see section (3) of this rule) of an individual or couple are used to determine benefit amount as follows: (1) For purposes of this rule…

461-160-0540 Determining Income Eligibility; OSIPM (except OSIPM-EPD) Living in the Community or Residing in a 24-Hour Mental Health Residential Care Setting and QMB (1) This rule is used to determine income eligibility for the Qualified Medicare Beneficiaries (QMB) programs for …

461-160-0550 Income Deductions; Non-SSI OSIP (except OSIP-EPD) and OSIPM (except OSIPM-EPD) in the Community When There Are No Children in the Household Group (1) For purposes of this rule: (a) ”Ineligible child" means an individual who is: (A) Unmarried; (B) Living with a natura…

461-160-0551 Income Deductions; Non-SSI OSIP (except OSIP-EPD) and OSIPM (except OSIPM-EPD) in the Community When There Are Children in the Household Group (1) For purposes of this rule: (a) ”Ineligible child" means an individual who is: (A) Unmarried; (B) Living with a natural o…

461-160-0552 Income Deductions; Qualified Medicare Beneficiaries Programs (1) This rule is used to determine adjusted income (see OAR 461-001-0000) for the Qualified Medicare Beneficiaries programs: QMB-BAS and QMB-SMB (including SMF) programs. (2) To determine adjusted income, d…

461-160-0570 Excluded Resource; Community Spouse Provision Before 10/1/89 For OSIP and OSIPM, if the institutionalized spouse began a continuous period of care before October 1, 1989: (1) Count the resources owned by the institutionalized spouse. (2) Count resources jointly owned…

461-160-0580 Excluded Resource; Community Spouse Provision (OSIPM except OSIPM-EPD) This rule explains how resource exclusions apply for individuals in a nonstandard living arrangement (see OAR 461-001-0000) when there is a community spouse (see OAR 461-001-0030) in the Oregon Su…

461-160-0590 Assessment of Resources; Community Spouse Provision In the OSIP and OSIPM programs, this rule applies to an institutionalized spouse who began a continuous period of care on or after October 1, 1989. (1) The Department assesses a couple's combined countable (see OAR …

461-160-0600 Availability of Income; Couple with an Institutionalized Spouse This rule applies to an OSIP or OSIPM institutionalized spouse who began a continuous period of care on or after October 1, 1989. (1) Do not deem any of the community spouse's income available to the ins…

461-160-0610 Patient Liability; OSIPM (except OSIPM-EPD) (1) An individual in the Oregon Supplemental Income Program Medical (OSIPM) (except Oregon Supplemental Income Program Medical - Employed Persons with Disabilities (OSIPM-EPD)) program who receives long-term care (see OAR 4…

461-160-0620 Income Deductions and Patient Liability; Long-Term Care Services or Home and Community-Based Care; OSIPM In the Oregon Supplemental Income Program Medical (OSIPM): (1) Deductions from income are made for an individual residing in or entering a long-term care facility…

461-160-0630 Deduction for Maintaining a Home; Nursing Facility Care Client Retroactively effective July 6, 2020, in the OSIP and OSIPM programs: (1) A single individual in a nursing facility is eligible for a home maintenance deduction for up to six months if all of the followin…

461-160-0780 Determining Adjusted Income; OSIP-EPD and OSIPM-EPD Adjusted income for OSIP-EPD and OSIPM-EPD is determined as follows: (1) All unearned income is excluded. (2) Starting with countable (see OAR 461-001-0000) earned income, one standard income deduction of $20 is sub…

461-160-0800 Determining Participant Fee; OSIP-EPD, OSIPM-EPD (Including In-Home Services) (1) Individuals who receive OSIP-EPD and OSIPM-EPD program benefits will have a participant fee (see OAR 461-001-0035). (a) For individuals in a standard living arrangement (see OAR 461-001…

461-160-0855 Excluded Resources for Payments Received Under a Qualified Partnership Policy; OSIPM In the OSIPM program: (1) When an individual in a non-standard living arrangement (see OAR 461-001-0000) applies for medical benefits, the Department excludes as a resource an amount…

461-165-0010 Legal Status of Benefit Payments (1) Under Oregon law, cash benefits are not subject to assignment, transfer, garnishment, levy, or execution, as long as they can be identified as program payments and are separate from other money in the client's possession. (2) Exce…

461-165-0030 Concurrent and Duplicate Program Benefits (1) Except as noted in this rule, an individual may not receive benefits from the Department of the same type (that is, cash, medical, or SNAP benefits) for the same period as a member of two or more different benefit groups …

461-165-0035 Alternate Payees (1) An “alternate payee” is an individual or organization permitted by this rule to obtain and use benefits for and in the best interests of the benefit group (see OAR 461-110-0750). (2) In the TA-DVS program, an alternate payee (see section (1) of t…

461-165-0045 Emergency Payee; TANF (1) An emergency payee for ongoing TANF may be used when the dependent children are abandoned by the caretaker relative for reasons such as the caretaker relative's death or whereabouts unknown. (2) An emergency payee may be used for up to two p…

461-165-0050 Dual Payee; When to Use (1) For OSIP, REF, and TANF, use a dual-payee check for protective payments if the benefit group has shown they are not able to properly manage benefits meant to meet their needs. Issue the dual-payee check in both the name of the client and t…

461-165-0060 Minimum Benefit Amount; REF, SNAP, TANF (1) In the Supplemental Nutrition Assistance Program (SNAP): (a) A benefit group (see OAR 461-110-0750) is not eligible for benefits in the initial month (see OAR 461-001-0000) if the allotment is less than $10. (b) Except as p…

461-165-0070 Immediate Issuance of Benefits Clients whose cases are new, reopened or restored are eligible for immediate issuance of benefits if the standard procedure for issuing benefits would not meet an emergent need of the client, as provided in this rule. (1) A client with …

461-165-0080 Method for Delivery of Benefits (1) Benefits are delivered several ways, depending on the program and client situation. Send all mailed benefits to the client's residential address. A rural route box number is acceptable as a residential address. (2) Make either of t…

461-165-0082 SNAP Cash-Out SNAP households in Clackamas, Columbia, Multnomah, and Washington counties receive SNAP benefits in cash if all persons in the filing group are 65 years of age or older or are eligible to receive SSI benefits under Title XVI of the Social Security Act. …

461-165-0096 Access Fee for EBT-Issued Benefits Clients accessing their EBT cash account are charged 85¢, plus any applicable bank charges, for each cash-withdrawal transaction at an automated teller machine (ATM). The first two point-of-sale (POS) cash-withdrawals (without purch…

461-165-0100 Issuance Date of Benefit (1) For all programs except the Emergency Assistance (EA) program and the Supplemental Nutrition Assistance Program (SNAP): (a) An authorized cash payment check is dated on the first day of the payment period or as soon as practicable thereaf…

461-165-0105 Exception to Staggered Issuance; SNAP The second month’s allotment of SNAP benefits is not subject to staggered issuance if the filing group applies after the 15th of the month and the application is not for a redetermination of eligibility. Once eligibility for SNAP…

461-165-0110 Alternatives to Direct Money Payment In the GA, OSIP, REF and TANF programs, the Department may use protective payments to ensure that the benefits are used to meet the client’s basic needs. A protective payment is the payment by check of some or all of a client’s gr…

461-165-0120 Benefits for an Individual in an Acute Care Hospital (1) In the REF, REFM, and TANF programs, regular monthly benefits continue when an individual enters an acute care hospital. The monthly benefits remain unchanged until the individual returns home or enters some ot…

461-165-0130 Payment of Benefit Out-of-State (1) For all programs except the SNAP and GA programs, the Department sends benefits out of state if a client is absent from Oregon and the client establishes the intent to return within 60 days. (2) If a client is detained out of state…

461-165-0140 Endorsement and Survivorship of Benefits (1) The client or the client's payee must endorse checks issued in payment of a benefit. The endorsement on the check must be the same as the name appearing as payee. (2) The client may endorse a check with a mark or thumbprin…

461-165-0200 Restoring Benefits (1) An individual is entitled to a supplemental payment of benefits for the current month or restoration of benefits lost in a previous month if the individual received a lower benefit than he or she was entitled to for the reasons given in this ru…

461-165-0210 Calculating Restored and Supplemental Benefits (1) Supplemental and restorative benefits are calculated and paid as follows: (a) The effective date of the lost benefits is determined. (b) The benefit group (see OAR 461-110-0750) is not eligible for restored benefits …

461-165-0220 Replacing Lost, Stolen, Destroyed or Undelivered Checks (1) Replacement checks are issued in compliance with ORS 293.475 and this rule. (2) A replacement check is issued if the original check remains outstanding and the payee claims any of the following: (a) The orig…

461-165-0230 Replacing REF, SNAP, and TANF Program Benefits and EBT Cards (1) The Department does not replace Refugee Assistance (REF), Supplemental Nutrition Assistance Program (SNAP), or Temporary Assistance for Needy Families (TANF) program benefits after they are delivered to…

461-170-0010 Reporting Changes — Overview An individual is required to report a change in circumstances in accordance with the reporting system in which the individual participates, OAR 461-170-0011; and (1) For each program in which an individual participates, the Department det…

461-170-0011 Changes That Must Be Reported (1) A change in employment status is considered to occur as follows: (a) For a new job, the change occurs the first day of the new job. (b) For a job separation, the change occurs on the last day of employment. (2) A change in source of …

461-170-0101 Simplified Reporting System (SRS); SNAP In the SNAP program: (1) OAR 461-170-0011 and OARs 461-170-0101 to 461-170-0104 establish and explain the Simplified Reporting System (SRS). (2) Except for an ABAWD (see OAR 461-135-0520) who resides in one of the SNAP time lim…

461-170-0102 Required Periodic Report for the Simplified Reporting System (SRS); SNAP In the SNAP program, the Periodic Report form is required of filing groups in SRS. The certification period (see OAR 461-001-0000) is determined under OAR 461-115-0450. (1) Filing Groups with a …

461-170-0103 Actions Resulting from Changes in Household Circumstances; Simplified Reporting System (SRS); SNAP, JPI In the SNAP program and JPI, benefits may be changed for an individual using SRS — based on information obtained other than through the Periodic Report form — only…

461-170-0104 Failure to Submit Periodic Report Form Timely; Simplified Reporting System (SRS); SNAP In the SNAP program: (1) When the Department does not receive a complete (see OAR 461-170-0101) Periodic Report form by the last day of the continued due month (see OAR 461-170-010…