OAR 461-135-0780
Pickle Amendment Clients; OSIPM
(1)
The countable (see OAR 461-001-0000 (Definitions for Chapter 461)) SSB income of an individual is determined according to sections (2) to (4) of this rule if the individual meets all of the following requirements:(a)
Is receiving Social Security Benefits (SSB);(b)
Was eligible for and receiving SSI or state supplements but became ineligible for those payments after April 1977; and(c)
Would be eligible for SSI or state supplement if the SSB COLA increases paid under section 215(i) of the Social Security Act, after the last month the individual was both eligible for and received SSI or a supplement and was entitled to SSB, were deducted from current SSB.(2)
The SSB amount received by the individual when the individual became ineligible for SSI or OSIP is used as the individual’s countable SSB income, for the purposes of the Pickle Amendment. If the spouse (see OAR 461-001-0000 (Definitions for Chapter 461)) of the individual also had Social Security benefits at the time the individual lost SSI benefits, SSB amount at that time of the spouse is considered the countable income of the spouse. If the amount cannot be determined using the information provided by the SSA, it is calculated in accordance with section (3) of this rule.(3)
The Department determines the month in which the individual was entitled to SSB and received SSI in the same month. The Department uses the table in section (4) of this rule to find the percentage that applies to that month. The Department multiplies the present amount of the SSB of the individual by the applicable percentage. If the spouse of the individual also had SSB at the time the individual lost SSI benefits, the Department adjusts the SSB of the spouse using the same multiplier that was used for the individual’s calculation under this section. This amount, rounded down to the next lower whole dollar, is the individual’s countable SSB income.(4)
The following guide contains the calculations used to determine the SSB for prior years (the Department uses this table only if the prior year’s amount using information provided by SSA):
Source:
Rule 461-135-0780 — Pickle Amendment Clients; OSIPM, https://secure.sos.state.or.us/oard/view.action?ruleNumber=461-135-0780.