461-140-0040    Effective 04/01/17
Determining Availability of Income

  1. This rule describes the date income is considered available, what amount of income is considered available, and situations in which income is considered unavailable.

  2. Income is considered available the date it is received or the date a member of the financial group (see OAR 461-110-0530) has a legal right to the payment and the legal ability to make it available, whichever is earlier, except as follows:

    1. Income usually paid monthly or on some other regular payment schedule is considered available on the regular payment date if the date of payment is changed because of a holiday or weekend.

    2. Income withheld or diverted at the request of an individual is considered available on the date the income would have been paid without the withholding or diversion.

    3. An advance or draw of earned income is considered available on the date it is received.

    4. Income that is averaged, annualized, converted, or prorated is considered available throughout the period for which the calculation applies.

    5. A payment due to a member of the financial group, but paid to a third party for a household expense, is considered available when the third party receives the payment.

    6. In prospective budgeting, income is considered available in the month the income is expected to be received (see OAR 461-150-0020).

    7. In the OSIP, OSIPM, and QMB programs, except for self-employment (see OAR 461-145-0915), wages that are earned in one period of time but paid in another are considered available when they are received, such as a teacher who works for nine months but is paid over twelve.

  3. The following income is considered available even if not received:

    1. Deemed income.

    2. In the ERDC, REF, REFM, and TANF programs, the portion of a payment from an assistance program, such as public assistance, unemployment compensation, or Social Security, withheld to repay an overpayment.

    3. In the OSIPM and QMB programs, the portion of a payment from an assistance program (such as public assistance, unemployment compensation, or Social Security) withheld to repay an overpayment of the same source:

      1. If withheld prior to July 1, 2014.

      2. If withheld on or after July 1, 2014 and:

        1. No member of the financial group was receiving OSIP, OSIPM, or QMB during the period the benefit was overpaid; or

        2. The withheld amount is not excluded under paragraph (5)(e)(A) of this rule.

    4. In the SNAP program, the portion of a payment from the TANF program counted as disqualifying income under OAR 461-145-0105.

  4. The amount of income considered available is the gross before deductions, such as garnishments, taxes, or other payroll deductions including flexible spending accounts.

  5. The following income is not considered available:

    1. Wages withheld by an employer in violation of the law.

    2. Income received by another individual who does not pay the client his or her share.

    3. Income received by a member of the financial group after the individual has left the household.

    4. Moneys withheld from or returned to the source of the income to repay an overpayment from that source unless the repayment is countable (see OAR 461-001-0000)--

      1. In the SNAP program, under OAR 461-145-0105.

      2. In the ERDC, REF, REFM, and TANF programs, under subsection (3)(b) of this rule.

    5. In the OSIP, OSIPM, and QMB programs:

      1. The portion of a payment from an assistance program, such as public assistance, unemployment compensation, or Social Security withheld on or after July 1, 2014 to repay an overpayment from the same source if at least one member of the financial group was receiving OSIP, OSIPM, or QMB during the period the benefit was overpaid. The amount considered unavailable cannot exceed the amount of the overpaid benefit previously counted in determining eligibility (see OAR 461-001-0000) for OSIP, OSIPM, or QMB.

      2. Monies withheld from or returned to a source of income, when the source is not an assistance program, to repay an overpayment of the same source.

    6. For an individual who is not self-employed, income required to be expended on an ongoing, monthly basis on an expense necessary to produce the income, such as supplies or rental of work space.

    7. Income received by the financial group but intended and used for the care of an individual not in the financial group as follows:

      1. If the income is intended both for an individual in the financial group and an individual not in the financial group, the portion of the income intended for the care of the individual not in the financial group is considered unavailable.

      2. If the portion intended for the care of the individual not in the financial group cannot readily be identified, the income is prorated evenly among the individuals for whom the income is intended. The prorated share intended for the care of the individual not in the financial group is then considered unavailable.

    8. In the ERDC, REF, REFM, SNAP, and TANF programs, income controlled by the client's abuser if the client is a victim of domestic violence (see OAR 461-001-0000), the client's abuser controls the income and will not make the money available to the filing group (see OAR 461-110-0310), and the abuser is not in the client's filing group.

    9. In the OSIP, OSIPM, and QMB programs, unearned income not received because a payment was reduced to cover expenses incurred by a member of the financial group to secure the payment. For example, if a retroactive check is received from a benefit program other than SSI, legal fees connected with the claim are subtracted. Or, if payment is received for damages received as a result of an accident the amount of legal, medical, or other expenses incurred by a member of the financial group to secure the payment are subtracted.

  6. The availability of lump-sum income (see OAR 461-001-0000) is covered in OAR 461-140-0120.

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.049, 413.085, 414.685
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.117, 411.404, 411.706, 411.816, 412.049, 413.085, 414.685, 414.839

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