461-110-0530 Effective 10/01/12
Financial Group
- Except as provided in section (5) of this rule, a "financial group" consists of the filing group members whose income and resources the Department considers in determining eligibility (see OAR 461-001-0000) and benefits.
- In the ERDC, GA, OSIPM-EPD, QMB, and SNAP programs, the financial group consists of each individual in the filing group.
- In the EXT, MAA, REF, REFM, and SAC programs, the financial group consists of each individual in the filing group, except the following:
- A caretaker relative (see OAR 461-001-0000) other than a parent (see OAR 461-001-0000) who chooses not to be included in the need group (see OAR 461-110-0630); and
- An individual who is eligible for and receives an SSI cash payment.
- In the HKC and OHP programs, the financial group consists of each individual in the filing group (including those receiving SSI benefits), except a caretaker relative (other than a parent) who chooses not to be included in the need group.
- In the MAF program, the financial group consists of each individual in the filing group (see OAR 461-110-0340), except for an individual who is eligible for and receives an SSI payment.
- In the OSIPM (except OSIPM-EPD) program:
- For the purposes of this section of this rule, "ineligible" means an individual not eligible to receive either SSI or TANF program benefits.
- When an individual lives in a standard living arrangement (see OAR 461-001-0000):
- Except as provided in paragraph (B) of this subsection, each member of the filing group is in the financial group.
- When an individual is not assumed eligible (see OAR 461-135-0010) for OSIPM:
- The individual's spouse (see OAR 461-001-0000) who is ineligible and in the filing group is not in the financial group if the individual's adjusted income (see OAR 461-001-0000) using the deductions allowed under OAR 461-160-0550(3) is greater than the OSIPM program adjusted income standard for a need group of one under OAR 461-155-0250. The financial group consists only of the individual.
- If the ineligible spouse's remaining income after allocation (see OAR 461-160-0551) to each ineligible child is equal to or less than the difference between the couple and the individual SSI standards: the spouse who is ineligible is not considered to be in the financial group when determining income eligibility; however, the spouse is considered to be in the financial group when determining resource eligibility.
- When an individual lives in a nonstandard living arrangement (see OAR 461-001-0000), the financial group consists only of the individual applying for benefits, except that the community spouse (see OAR 461-001-0030) is included in the financial group to determine initial eligibility. At initial eligibility, the resources of the community spouse are considered and the provisions of OAR 461-160-0580 apply. The income of the community spouse is not considered in determining initial eligibility, and the community spouse is not included in any other eligibility group.
- In the TANF program, the financial group consists of each individual in the filing group except the following:
- A caretaker relative, other than a parent, who chooses not to be included in the need group and has income less than the non-needy countable income limit standard (see OAR 461-155-0030) for the filing group of the caretaker relative;
- The spouse of a caretaker relative, when the caretaker relative meets the requirements under subsection (a) of this section;
- A dependent child of a caretaker relative when the caretaker relative meets the requirements under subsection (a) of this section;
- An individual in the filing group solely due to the requirements of OAR 461-110-0310(2)(b); and
- An individual who is eligible for and receives an SSI cash payment.
Stat. Auth.: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.049, 412.064, 412.124, 414.231, 414.712
Stats. Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.006, 412.049, 412.064, 412.124, 414.025, 414.231, 414.712, 414.826, 414.831, 414.839