Or. Admin. Code § 414-175-0015

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

Section 414-175-0015 - Eligibility Group Structure

(1) The Household Group is used to determine whose information is relevant to the application. The household group generally consists of the individuals who live together with or without the benefit of a dwelling.

(a) For individuals who are experiencing homelessness, the household group consists of the individuals who consider themselves living together. Individuals who are experiencing homelessness who do not consider themselves living together are considered separate households.

(b) A separate dwelling is not recognized for the purpose of determining the members of a household group unless the living space has, separate from any other dwelling, an access to the outside that does not pass through another dwelling, a functional sleeping area, bathroom, and kitchen facility.

(c) Each individual in the household group who applies for benefits is an applicant. The household group and applicants form the basis for determining who is in the remaining eligibility groups.

(d) A separate household group is established for individuals who live in the same dwelling as another household group, if all the following subsections are true:

(A) There is a landlord-tenant relationship between the two household groups in which the tenant is billed by the landlord at fair market value for housing.

(B) The tenant lives independently from the landlord.

(C) The tenant:

(i) Has and uses sleeping, bathroom, and kitchen facilities separate from the landlord; or

(ii) Shares bathroom or kitchen facilities with the landlord, but the facilities are in a commercial establishment that provides room or board or both for compensation at fair market value.

(e) Except when a child lives with different caretakers during the month, individuals who live with more than one household group during a calendar month are members of the household group in which they spend more than half of their time. If a child lives with different caretakers during the month, the child is considered a member of both household groups.

(f) Individuals absent from the household for thirty (30) days or more are no longer part of the household group, except for the following:

(A) Absent because the individual is in an acute care medical facility remains in the household group unless the individual enters long-term care.

(B) Absent because of education, training, or employment, including long-haul truck driving, fishing, or active duty in the U.S. armed forces;

(C) Absent to care for an emergent need of an individual related to illness, injury, or death;

(D) Absent but reasonably anticipated to return within ninety (90) days; or

(E) A caretaker relative who is absent for up to ninety (90) days while in a residential alcohol or drug treatment facility is in the household group.

(F) A child who is absent for thirty (30) days or more is in the household group if the child is:

(i) Absent for illness (unless the child is in a long-term care Title XIX facility), social service, or educational reasons; or

(ii) In foster care, but expected to return to the household within the next thirty (30) days.

(2) The Filing group is used to determine which individuals within the Household group must satisfy all relevant eligibility criteria.

(a) The filing group consists of the following:

(A) Each individual from the household group who chooses to apply for benefits; and

(B) Each individual who must be included because of their relationship to an individual described in subsection (2)(a)(A) of this section.

(b) If the filing group does not include at least one applicant who meets all nonfinancial eligibility requirements, the filing group is ineligible.

(c) When an individual in a household group is in more than one filing group for the same program, the filing groups must be combined, unless specified otherwise in administrative rule.

(d) The filing group consists of each of the following applicants and household group members, even if the individuals does not meet nonfinancial eligibility requirements:

(A) The Caretaker of the child for whom ERDC benefits are requested, unless a child care provider is caring for the child of:

(i) A member of the National Guard or U.S. Armed Forces Reserve unit; or

(ii) Who has been called to active duty away from the child's home for more than thirty (30) days.

(B) An unmarried child and any sibling, less than eighteen (18) years of age or eighteen (18) years of age and attending secondary school or vocational training at least half time, in the care and custody of the caretaker. A foster child is included if the caretaker wants to include the child in the need group.

(C) Any Parent of a child required to be in the filing group.

(D) Any Parent of an unborn child.

(E) The Spouse of the Caretaker.

(e) A Minor parent may form a separate filing group with their dependent child or children when the minor parent applies as a caretaker.

(3) The financial group, need group, and benefit group consist of each individual in the filing group. Each individual in each group must satisfy all relevant eligibility criteria for the benefit group to be determined eligible to receive benefits.

Or. Admin. Code § 414-175-0015

ELD 11-2023, adopt filed 06/28/2023, effective 7/1/2023; DELC 134-2024, amend filed 06/26/2024, effective 7/1/2024

Statutory/Other Authority: ORS 329A.500

Statutes/Other Implemented: ORS 329A.500