OAR 461-140-0120
Availability and Treatment of Lump-Sum Income
(1)
Lump-sum income (see OAR 461-001-0000 (Definitions for Chapter 461)) is treated as follows if it is received by a member of a financial group (see OAR 461-110-0530 (Financial Group)).(2)
In the EA, REF, REFM, SNAP, and TANF programs:(a)
Lump-sum income is a resource.(b)
In the EA, REF, REFM, and TANF programs:(A)
Lump-sum income is considered available to the financial group when a member of the group receives the income and until the income becomes unavailable for a reason beyond the group’s control.(B)
Lump-sum income is considered unavailable for a reason beyond the group’s control if the member who received the lump-sum income:(i)
Leaves the financial group before spending any of the lump-sum income; or(ii)
Spends the lump-sum income on an immediate basic need or emergency.(3)
In the ERDC program, lump-sum income is excluded.(4)
In the OSIP, OSIPM, and QMB-DW programs, lump-sum income is treated as follows:(a)
Lump-sum income not excluded is income in the month of receipt, and any amount remaining in future months is a resource, except that in the OSIP and OSIPM programs retroactive SSB and SSI payments are treated in accordance with OAR 461-145-0490 (Social Security Benefits) and 461-145-0510 (SSI).(b)
The following lump-sum income is excluded when calculating countable (see OAR 461-001-0000 (Definitions for Chapter 461)) income for the purposes of determining eligibility and calculating client liability under OAR 461-160-0620 (Income Deductions and Client Liability; Long-Term Care Services or Home and Community-Based Care; OSIPM):(A)
The income the client turns over to the Department as reimbursement for previous assistance; and(B)
The income the client uses to pay for special need items approved by the Department. Special needs are explained in OAR 461-155-0500 (Special Needs; Overview) and following.(c)
When calculating countable income for the purposes of eligibility, the following exclusions apply to the total amount of combined lump-sum income and periodic income (see OAR 461-001-0000 (Definitions for Chapter 461)) received by an individual each month, including non-applying spouses and children:(B)
The first $20 of unearned income received in a month.(5)
In the QMB-BAS, QMB-SMB, and QMB-SMF programs:(a)
Lump-sum income not excluded is income in the month of receipt, except that retroactive SSB and SSI payments are treated in accordance with OAR 461-145-0490 (Social Security Benefits) and 461-145-0510 (SSI).(b)
The following lump-sum income is excluded:(A)
The income the client turns over to the Department as reimbursement for previous assistance; and(B)
The income the client uses to pay for special need items approved by the Department. Special needs are explained in OAR 461-155-0500 (Special Needs; Overview) and following.(c)
The following exclusions apply to combined lump-sum income and periodic income received by an individual, including non-applying spouses and children:(A)
The first $10 of earned income received in a month.(B)
The first $20 of unearned income received in a month.
Source:
Rule 461-140-0120 — Availability and Treatment of Lump-Sum Income, https://secure.sos.state.or.us/oard/view.action?ruleNumber=461-140-0120
.