Or. Admin. Code § 413-100-0160

Current through Register Vol. 63, No. 12, December 1, 2024

Section 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.

Or. Admin. Code § 413-100-0160

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SCF 1-1997, f. 2-18-97, cert. ef. 3-1-97; SOSCF 4-1998, f. 2-5-98, cert. ef. 2-6-98; SOSCF 20-2000(Temp), f. & cert. ef. 8-11-00 thru 2-6-01; SOSCF 4-2001, f. & cert. ef. 2-7-01; CWP 30-2003(Temp), f. & cert. ef. 9-2-03 thru 2-28-04; CWP 2-2004, f. & cert. ef. 2-10-04; CWP 14-2007, f. & cert. ef. 8-1-07; CWP 6-2010, f. & cert. ef. 6-15-10; CWP 13-2011, f. & cert. ef. 6-30-11; CWP 26-2018, temporary amend filed 04/03/2018, effective 04/03/2018 through 09/29/2018; CWP 103-2018, amend filed 09/06/2018, effective 9/6/2018

Statutory/Other Authority: ORS 409.010, ORS 409.050 & ORS 418.005

Statutes/Other Implemented: ORS 409.010, ORS 409.050 & ORS 418.005