OAR 413-100-0160
Determining Financial Need

(1) At the time of the initial Title IV-E determination, the Department must review the income and resources available to the eligibility unit during the eligibility month to determine whether the child would have been eligible for AFDC under rules in effect on July 16, 1996.
(2) To be eligible for Title IV-E, the income and resources available to the eligibility unit must meet both the countable income limit (185 percent of the basic standard) and the adjusted income/payment standard (basic standard plus minimum wage equalization allowance).

(3)

If the child is removed from the home of a specified relative that is a parent, the Department must:

(a)

Determine the countable gross earned income of all members in the eligibility unit including the $90 standard earned income deduction, when applicable;

(b)

Determine the countable unearned income of all members in the eligibility unit including the $50 child support deduction, when applicable;

(c)

Exclude individuals receiving SSI or a combination of SSI and other Social Security benefits from the number in the eligibility unit for all AFDC calculations; and

(d)

Apply the AFDC countable income limit (185 percent of the basic standard) with adult and the adjusted income/payment standard (basic standard plus minimum wage equalization allowance) with adult.

(4)

If a child is removed from the home of a specified relative who is not a parent of the child, the Department must:

(a)

Disregard the income and resources of each specified relative;

(b)

Determine the countable earned income, unearned income and resources available to the child; and

(c)

Apply the AFDC countable income limit (185 percent of the basic standard) with no adult and the adjusted income/payment standard (basic standard plus minimum wage equalization allowance) with no adult.

(5)

If a child is removed from a minor parent who resides in his or her parents’ home, and the minor parent is under age 18, has never married, and is not legally emancipated, the Department must:

(a)

Exclude the resources of the parents of the minor parent;

(b)

Determine the portion of income of the parents of the minor parent that is considered available to the minor parent:

(A)

Determine the countable gross earned income of the parent of the minor and subtract the $90 standard earned income deduction, if applicable; and

(B)

Determine the countable unearned income of the parent of the minor parent and subtract the following, if applicable:
(i)
Amounts paid to the legal dependents of the parents of the minor parent not living in the household; and
(ii)
Payments of alimony and child support.

(C)

Apply the Adjusted Income/Payment Standard. Any remaining income is considered income available to the minor parent.

(c)

Determine the countable gross earned income of all members in the eligibility unit including the $90 standard earned income deduction, when applicable;

(d)

Determine the countable unearned income of all members in the eligibility unit including the $50 child support deduction, when applicable;

(e)

Exclude individuals receiving SSI or a combination of SSI and other Social Security benefits from the number in the eligibility unit for all AFDC calculations; and

(f)

Apply the AFDC countable income limit (185 percent of the basic standard) with adult and the adjusted income/payment standard (basic standard plus minimum wage equalization allowance) with adult.
(6) In circumstances in which the parent or caregiver is not available or willing to provide financial information to the Department, the Department may determine AFDC eligibility based on a preponderance of evidence.

Source: Rule 413-100-0160 — Determining Financial Need, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-100-0160.

413‑100‑0000
Purpose 413‑100‑0005
Definitions 413‑100‑0015
Application for Title IV-E Foster Care Funds 413‑100‑0060
Title IV-E Reimbursable Placements 413‑100‑0065
Title IV-E Reimbursable Payments 413‑100‑0075
Eligibility Status 413‑100‑0080
Effective Date 413‑100‑0090
Correcting Eligibility 413‑100‑0110
Eligibility End Date 413‑100‑0125
Initial Determination Requirements 413‑100‑0135
Removal Requirements 413‑100‑0150
Determining Parental Deprivation 413‑100‑0160
Determining Financial Need 413‑100‑0170
Determining Resources 413‑100‑0180
Earned Income of Students 413‑100‑0210
U.S. Citizenship and Qualified Non-citizens 413‑100‑0230
Age Requirements 413‑100‑0240
Judicial Finding Requirements for Title IV-E Eligibility 413‑100‑0270
Redetermination Requirements 413‑100‑0320
Consolidated Omnibus Reconciliation Act (COBRA) and Title XIX Medicaid 413‑100‑0335
Title IV-E Adoption Assistance Eligibility Determination 413‑100‑0345
Guardianship Assistance Eligibility 413‑100‑0400
Purpose 413‑100‑0410
Definitions 413‑100‑0420
Child Welfare Title XIX Medicaid Program Eligible Populations 413‑100‑0430
Eligibility Determination for a Child or Young Adult in Substitute Care 413‑100‑0432
Payments for Services Provided in Emergency Situations When a Child or Young Adult is Not Enrolled in Title XIX Medicaid 413‑100‑0435
Title XIX Medicaid Eligibility for a Child or Young Adult Receiving Adoption Assistance or Guardianship Assistance 413‑100‑0445
Youth in Detention 413‑100‑0451
Interstate Compact for the Placement of Children (ICPC) and Interstate Compact on Adoption and Medical Assistance (ICAMA) 413‑100‑0455
Out-of-State Placements 413‑100‑0460
Citizenship and Alienage 413‑100‑0530
Compliance 413‑100‑0800
Child Support Referrals 413‑100‑0810
Child Support Arrears Owed to Department 413‑100‑0820
Handling DCS Case Information 413‑100‑0830
Paternity and Parentage Establishment
Last Updated

Jun. 8, 2021

Rule 413-100-0160’s source at or​.us