Or. Admin. Code § 413-310-0470

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

Section 413-310-0470 - Use of Money Available for a Child or Young Adult

A child's benefits may be deposited in a Maintenance Account or a Special Account. The type of account determines how the money may be used.

(1) Maintenance Account:

(a) SSI may be deposited in the maintenance account.

(b) Child support may be deposited in the maintenance account.

(c) Money in the maintenance account is available to provide for the current needs of the child or young adult as determined by the Children's Benefit Unit (Representative Payee).

(d) Retroactive Lump Sum Benefits needs to be reduced within nine months from the date of the deposit. The CBU will work with child or young adult's team to determine current or reasonably foreseeable needs. Any remaining benefits must be conserved by using an ABLE account.

(e) An individual's Personal Incidental Funds (PIF) must be transferred into a special account or paid directly to the child or young adult's current resource parent. The PIF must be used for items chosen by the child or young adult or approved by the child's team for the child's benefit. A child's personal spending must not be used to purchase items that are the responsibility of ODHS and the resource parent.

(A) Resource parent must submit all receipts to the agency for any purchase expenditure of PIF made on behalf of the child/young adult that exceed $10.00. The receipts must be submitted within 30 days of the expenditure.

(B) If there are any PIF funds left unused when/or if the child/young adult has moved, the resource parent required return the funds to the agency. The payment should be made by mailing a check to the CBU unit.

(2) Special Account:

(a) All Social Security Benefits under Title II must be deposited in the special account. The department may make distributions from a special account for expenditures related to the personal needs of the child, including:

(A) Tuition, tutoring and training, including the costs of application fees, books, equipment and testing.

(B) Transportation to work or training or to maintain family connections.

(C) Travel for educational or leisurely purposes.

(D) Expenses related to the child's transition into adulthood.

(E) Technology.

(F) Clothing or supplies for special events typical for a person of the child's age and culture.

(G) Instruments, books, supplies, fees and equipment to support the child in pursuing hobbies, sports, the arts and other special skills.

(H) Acquisition of a vehicle and insurance.

(I) Restitution payments imposed on the child or young adult but distribution is limited to the interest earned on the special account moneys.

(b) Personal Incidental Funds (PIF).

(c) Money deposited in the special account may be designated for a specific purpose. When money is expended for the specified purpose, documentation must be maintained in the child's case file. Money from the child or young adult's special account must not to be used for cost of care covered by the maintenance account.

(d) A child or young adult may enter the Department's custody with money in their possession these funds must be deposited in the child's special account.

(e) Any benefit or support (OAR 413-310-0460) received in excess of the monthly maintenance costs may be deposited into the special account, if the Department determines that to be in the best interest of the child.

(f) Any distribution from the Special Account must be approved by the Children's Benefit Unit, which will consider what is in the best interests of the child according to Social Security policy.

(g) Before the Department first uses any of the following options to hold the funds of children in the Department's custody, the Department will discuss with the State Treasurer the relevant fiduciary considerations. The Department will base the decision to use any of the following on what is in the best interests of each child.

(A) Achieving a Better Life Experience (ABLE) Accounts: The ABLE Act enables people with disabilities to have savings accounts while receiving benefits.

(i) Money deposited in an ABLE Account may be used to pay for disability related expenses, in support of efforts to maintain health, independence and quality of life.

(ii) Except as required by federal law, the Department may not seek payment under ORS 416.350 (Recovery of medical assistance) or section 529A(f) of the Internal Revenue Code from amounts in an ABLE account or from amounts transferred from an ABLE account.

(iii) Upon the death of the designated beneficiary, funds remaining in the ABLE account, after payment of all outstanding qualified disability expenses, must be used to reimburse the State for Medical Assistance (Medicaid) benefits received by the designated beneficiary, if the State files a claim for reimbursement.

(B) Oregon Uniform Transfers to Minors Act is custodial accounts that allows title to property to be passed to a child by use of custodian.

(C) "Oregon 529 Savings Network" means an Oregon state sponsored 529 Plan designed to cover qualified educational expenses.

(D) A trust that names the child as the sole beneficiary; or

(E) Any other privately held account.

(3) Social Security Income:

(a) Asset Limitation.

(A) Eligibility for SSI benefits is to be suspended any time the assets of a child or young adult's Department Trust Account reach the following balance on the first day of a calendar month: beginning 1-1-89 - $2,000;

(B) Exceptions to the limit are:

(i) Lump sum benefits received from Social Security Administration for back SSI benefits. The agency is allowed nine months to reduce the trust balance below the asset limitation.

(ii) A dedicated account is opened and maintained for certain large past-due benefits covering more than six months of the current SSI benefits for eligible child under 18 only.

(iii) Funds in a separate irrevocable Trust Account, including ABLE Accounts.

(iv) Court ordered support.

(C) Any SSI money received after reaching the limitation must be returned to the Social Security Administration until the asset limitation is reduced below the limitation and SSI has completed a re-evaluation and reinstated the grant.

(b) The Department must monitor Maintenance or Special Accounts to determine if the child or young adult's trust is reaching the above described limits.

(c) Support Not Considered Income for SSI. Court ordered support to satisfy the state debt incurred when a child or young adult is in a Department paid placement may not be considered income to a child or young adult for SSI benefit determinations;

(d) Placement with Parent. When a child is placed with the parent(s) on a trial basis, Social Security Administration must be notified by the Department. A financial redetermination by the Social Security Administration of SSI eligibility will be made based upon the parent's income and resources. If the redetermination finds the child eligible for SSI benefits and the money is required to meet the child's current needs, the Department may pass through the SSI benefits to the parent(s) after reviewing the household income and resources.

(e) When the Department's custody of the child or young adult is dismissed, the Department will no longer act as the representative payee for the child or young adult and will withdraw its payee application with Social Security Administration.

(f) If the child moves to a paid placement from a trial reunification, the Department will end pass-through payments and resume deposit of the funds into a maintenance account.

(4) Social Security Benefits:

(a) Social Security benefits authorized by Title II of the Social Security Act, including retirement, survivors', and disability insurance.

(b) SSB will be used for the child determined by the child's team and CBU.

(5) Placement:

(a) Placement with Parent or Non-Paid Provider. When a child is placed with their parent(s) or a non-paid provider on a trial reunification basis, the Social Security Administration must be notified by the Department. The Department will pass through the monthly SSB amount to the parent or non-paid provider until custody is dismissed or the child comes back into a paid placement.

(b) When the Department's custody of the child is dismissed, the Department will no longer act as the representative payee for the child or young adult and will withdraw its payee application with Social Security Administration.

(c) If the child moves to a paid placement from a trial reunification, the Department will end pass-through payments and resume depositing of funds into a special account.

(d) Young Adult. When a child turns 18, it is at the discretion of CBU and the young adult's team to determine if the conserved SSB funds should be sent to the young adult directly or to the Social Security Administration.

Or. Admin. Code § 413-310-0470

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 22-2021, temporary amend filed 10/04/2021, effective 10/4/2021 through 4/1/2022; CWP 6-2022, amend filed 03/28/2022, effective 4/1/2022; CWP 92-2023, amend filed 12/22/2023, effective 1/1/2024

Statutory/Other Authority: ORS 416.820, ORS 418.032, ORS 419B.400 - 419B.406 & ORS 409.050

Statutes/Other Implemented: ORS 416.820, ORS 418.032 & ORS 419B.400 - 419B.406