OAR 461-110-0530
Financial Group
(1)
Except as provided in section (4) of this rule, the “financial group” consists of the filing group (see OAR 461-110-0310 (Filing Group; Overview)) members whose income and resources the Department considers in determining eligibility (see OAR 461-001-0000 (Definitions for Chapter 461)) and benefits.(2)
In the ERDC, OSIPM-EPD, QMB, and SNAP programs, the “financial group” consists of each individual in the filing group.(3)
In the REF and REFM programs, the “financial group” consists of each individual in the filing group, except an individual who is eligible for and receives an SSI cash payment.(4)
In the OSIPM (except OSIPM-EPD) program:(a)
For the purposes of this section of this rule, “ineligible” means an individual not eligible to receive either SSI or TANF program benefits.(b)
When an individual lives in a standard living arrangement (see OAR 461-001-0000 (Definitions for Chapter 461)):(A)
Except as provided in paragraph (B) of this subsection, each member of the filing group is in the “financial group”.(B)
When an individual is married, not assumed eligible (see OAR 461-135-0010 (Assumed Eligibility for Medical Programs)) for OSIPM, and the individual’s spouse (see OAR 461-001-0000 (Definitions for Chapter 461)) is considered “ineligible” (see subsection (a) of this section):(i)
If the individual’s adjusted income (see OAR 461-001-0000 (Definitions for Chapter 461)) using the deductions allowed under OAR 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)(4), or after being evaluated under certain protected groups (see OAR 461-135-0771 (Eligibility for OSIPM Under “Grandfathering” Provision) to OAR 461-135-0830 (Eligibility for Disabled Adult Children; OSIPM)), is greater than the OSIPM program adjusted income standard for a need group of one under OAR 461-155-0250 (Income and Payment Standard; OSIPM), the individual is in his or her own “financial group” and not eligible for OSIPM.(ii)
When there are children in the home, if the ineligible spouse’s remaining countable (see OAR 461-001-0000 (Definitions for Chapter 461)) income after allocation (see OAR 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)) to each ineligible child is equal to or less than the difference between the couple and the individual SSI standards: the spouse is not included in the “financial group” when determining income eligibility; however, the spouse is included in the “financial group” when determining resource eligibility.(iii)
When there are no children in the home, if the ineligible spouse’s countable income is less than the difference between the couple and the individual SSI standards: the spouse is not included in the “financial group” when determining income eligibility; however, the spouse is included in the “financial group” when determining resource eligibility.(c)
When an individual or is being evaluated under OAR 461-135-0745 (Eligibility for Individuals in Acute Care Settings; OSIPM) or OAR 461-135-0750 (Individuals Applying for or Receiving Long-Term Care or Home and Community-Based Care), the “financial group” consists only of the individual applying for benefits, except that the community spouse (see OAR 461-001-0030 (Definitions; OSIP, OSIPM Long-Term Care or Home and Community-Based Care)) is included in the “financial group” to determine initial eligibility as follows:(A)
At initial eligibility, the resources of the community spouse are considered and the provisions of OAR 461-160-0580 (Excluded Resource; Community Spouse Provision (OSIPM except OSIPM-EPD)) apply.(B)
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.(5)
In the TANF program, the “financial group” consists of each individual in the filing group except the following:(a)
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 (Income and Payment Standards; REF, TANF)) for the filing group of the caretaker relative.(b)
The spouse of a caretaker relative, when the caretaker relative meets the requirements under subsection (a) of this section.(c)
A dependent child of a caretaker relative when the caretaker relative meets the requirements under subsection (a) of this section.(d)
An individual who is eligible for and receives an SSI cash payment.
Source:
Rule 461-110-0530 — Financial Group, https://secure.sos.state.or.us/oard/view.action?ruleNumber=461-110-0530.