Or. Admin. R. 461-140-0120 – Availability and Treatment of Lump-Sum Income

(1) Lump-sum income (see OAR 461-001-0000) is treated as follows if it is received by a member of a financial group (see OAR 461-110-0530).
(2) In the EA, REF, REFM, SNAP, and TANF programs:
1. (a) Lump-sum income is a resource.
2. (b) In the EA, REF, REFM, and TANF programs:
  1. (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.
  2. (B) Lump-sum income is considered unavailable for a reason beyond the group's control if the member who received the lump-sum income:
    1. (i) Leaves the financial group before spending any of the lump-sum income; or
    2. (ii) Spends the lump-sum income on an immediate basic need or emergency.
(3) In the OSIP, OSIPM, and QMB-DW programs, lump-sum income is treated as follows:
1. (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 Social Security Benefits (SSB) and Supplemental Security Income (SSI) payments are treated in accordance with OAR 461-145-0490 and 461-145-0510.
2. (b) The following lump-sum income is excluded when calculating countable (see OAR 461-001-0000) income for the purposes of determining eligibility and calculating patient liability under OAR 461-160-0620:
  1. (A) The income the individual turns over to the Department as reimbursement for previous assistance; and
  2. (B) The income the individual uses to pay for special need items approved by the Department. Special needs are explained in OAR 461-155-0500 and following.
3. (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) received by an individual each month, including non-applying spouses and children:
  1. (A) The first $10 of earned income received in a month.
  2. (B) The first $20 of unearned income received in a month.
(4) In the QMB-BAS, QMB-SMB, and QMB-SMF programs:
1. (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 and 461-145-0510.
2. (b) The following lump-sum income is excluded:
  1. (A) The income the individual turns over to the Department as reimbursement for previous assistance; and
  2. (B) The income the individual uses to pay for special need items approved by the Department. Special needs are explained in OAR 461-155-0500 and following.
3. (c) The following exclusions apply to combined lump-sum income and periodic income received by an individual, including non-applying spouses and children:
  1. (A) The first $10 of earned income received in a month.
  2. (B) The first $20 of unearned income received in a month.

Statutory/Other Authority

ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619

Statutes/Other Implemented

409.010, 410.010, 410.020, 410.070, 410.080, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085, 414.619 & 414.117

History

SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 62-2021, minor correction filed 12/13/2021, effective 12/13/2021
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 15-2018, temporary amend filed 03/28/2018, effective 04/01/2018 through 09/20/2018
SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018
SSP 31-2016, f. & cert. ef. 9-1-16
SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 17-2004, f. & cert. ef. 7-1-04
SSP 6-2004, f. & cert. ef. 4-1-04
SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99
AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96
AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96
AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94
AFS 13-1994, f. & cert. ef. 7-1-94
AFS 2-1994, f. & cert. ef. 2-1-94
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 5-1993, f. & cert. ef. 4-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 1-1991(Temp), f. & cert. ef. 1-2-91
AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90