General Definitions And Rulemaking

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_400/oar_461/461_001.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS









 

DIVISION 1
GENERAL DEFINITIONS AND RULEMAKING

461-001-0000
Definitions for Chapter 461
Defined terms are often italicized throughout
this chapter of rules. If a defined term is accompanied by a cross-reference to
a rule defining the term, subsequent usages of that term in the same rule refer
to the same definition cross-referenced earlier in the rule. In this chapter of
rules, unless the context indicates otherwise:
(1) A reference to Division,
Adult and Family Services Division (or AFS), Senior and Disabled Services Division
(or SDSD), or any other agency formerly part of the Department of Human Services
means the Department of Human Services (DHS), except:
(a) The rule in which reference
occurs only regulates programs covered by OAR chapter 461.
(b) OCCS medical program
eligibility rules are in OAR chapter 410, division 200.
(2) "Address Confidentiality
Program" (ACP) means a program of the Oregon Department of Justice, which provides
a substitute mailing address and mail forwarding service for ACP participants who
are victims of domestic violence (see section (25) of this rule), sexual assault,
or stalking.
(3) "Adjusted income" means
the amount determined by subtracting income deductions from countable (see section
(18) of this rule) income (see OAR 461-140-0010). Specific rules on the deductions
are in OAR chapter 461, division 160.
(4) "Adoption assistance"
means financial assistance provided to families adopting children with special needs.
"Adoption assistance" may be state or federally funded. Federal adoption assistance
is authorized by the Adoption Assistance and Child Welfare Act of 1980 (Pub. L.
No. 96-272, 94 Stat. 500 (1980)). State adoption assistance is authorized by ORS
418.330 to 418.335.
(5) "Assets" mean income
and resources.
(6) "Basic decision notice"
means a decision notice (see section (21) of this rule) mailed no later than the
date of action given in the notice.
(7) "Branch office" means
any Department or AAA (Area Agency on Aging) office serving a program covered by
this chapter of rules.
(8) "Budgeting" means the
process of calculating the benefit level.
(9) "Budget month" means
the calendar month from which nonfinancial and financial information is used to
determine eligibility (see section (28) of this rule) and benefit level for the
payment month (see section (50) of this rule).
(10) "Cafeteria plan" means
a written benefit plan offered by an employer in which:
(a) All participants are
employees; and
(b) Participants may choose,
cafeteria-style, from a menu of two or more cash or qualified benefits. In this
context, qualified benefits are benefits other than cash that the Internal Revenue
Service does not consider part of an employee's gross income. Qualified benefits
include, but are not limited to:
(A) Accident and health plans
(including medical plans, vision plans, dental plans, accident and disability insurance);
(B) Group term life insurance
plans (up to $50,000);
(C) Dependent care assistance
plans; and
(D) Certain stock bonus plans
under section 401(k)(2) of the Internal Revenue Code (but not 401(k)(1) plans).
(11) "Capital asset" means
property that contributes toward earning self-employment income, including self-employment
income from a microenterprise (see section (43) of this rule), either directly or
indirectly. A "capital asset" generally has a useful life of over one year and a
value, alone or in combination, of $100 or more.
(12) "Caretaker" means an
individual who is responsible for the care, control, and supervision of a child
(see section (15) of this rule). The status of "caretaker" ends once the individual
no longer exercises care, control, and supervision of the child for 30 days.
(13) "Caretaker relative"
means:
(a) In the Pre-TANF, SFPSS,
and TANF programs, a dependent child's father, mother, grandfather, grandmother,
brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first
cousin, nephew, or niece who lives in a residence maintained by one or more of the
relatives as the child's or the relative's own home.
(b) In all programs not covered
under subsection (a) of this section, a caretaker (see section (12) of this rule)
who meets the requirements of one of the following paragraphs:
(A) Is one of the following
relatives of the dependent child (see section (23) of this rule):
(i) Any blood relative, including
those of half-blood, and including first cousins, nephews, or nieces, and individuals
of preceding generations as denoted by prefixes of grand, great, or great-great.
(ii) Stepfather, stepmother,
stepbrother, and stepsister.
(iii) An individual who legally
adopts the child and any individual related to the individual adopting the child,
either naturally or through adoption.
(B) Is or was a spouse (see
section (62) of this rule) of an individual listed in paragraph (A) of this subsection.
(C) Met the definition of
"caretaker relative" under paragraph (A) or (B) of this subsection before the child
was adopted (notwithstanding the subsequent adoption of the child).
(14) "Certification period"
means the period for which an individual is certified eligible for a program.
(15) "Child" includes natural,
step, and adoptive children. The term "child" does not include an unborn.
(a) In the ERDC program,
a "child" need not have a biological or legal relationship to the caretaker but
must be in the care and custody of the caretaker, must meet the citizenship or alien
status requirements of OAR 461-120-0110, and must be:
(A) Under the age of 18;
or
(B) Under the age of 19 and
in secondary school or vocational training at least half time.
(b) In the GA, GAM, and OSIP
programs, a "child" is an individual under the age of 18.
(c) In the OSIPM and QMB
programs, "child" means an unmarried individual living with a parent (see section
(49) of this rule) who is:
(A) Under the age of 18;
or
(B) Under the age of 22 and
attending full-time secondary, postsecondary or vocational-technical training designed
to prepare the individual for employment.
(d) In the REF and REFM programs,
a "child" is:
(A) An individual under the
age of 18; or
(B) An individual who is
18 years of age and attending secondary school full-time or pursuing a GED full-time.
(16) "Community based care"
is any of the following:
(a) Adult foster care —
Room and board and 24 hour care and services for the elderly or for people with
disabilities 18 years of age or older. The care is contracted to be provided in
a home for five or fewer clients.
(b) Assisted living facility
— A program approach, within a physical structure, which provides or coordinates
a range of services, available on a 24-hour basis, for support of resident independence
in a residential setting.
(c) In-home Services —
Individuals living in their home receiving services determined necessary by the
Department.
(d) Residential care facility
— A facility that provides residential care in one or more buildings on contiguous
property for six or more individuals who have physical disabilities or are socially
dependent.
(e) Specialized living facility
— Identifiable services designed to meet the needs of individuals in specific
target groups which exist as the result of a problem, condition, or dysfunction
resulting from a physical disability or a behavioral disorder and require more than
basic services of other established programs.
(f) Independent choices —
In-Home Services program wherein the participant is given cash benefits to purchase
self-directed personal assistance services or goods and services provided pursuant
to a written service plan (see OAR 411-030-0020).
(17) "Continuing benefit
decision notice" means a decision notice that informs the client of the right to
continued benefits and is mailed in time to be received by the date benefits are,
or would be, received.
(18) "Countable" means that
an available asset (either income or a resource) is not excluded and may be considered
by some programs to determine eligibility.
(19) "Cover Oregon" means
Oregon Health Insurance Exchange Corporation.
(20) "Custodial parents"
mean parents who have physical custody of a child. "Custodial parents" may be receiving
benefits as dependent children or as caretaker relatives for their own children.
(21) "Decision notice" means
a written notice of a decision by the Department regarding an individual's eligibility
for benefits in a program.
(22) "Department" means the
Department of Human Services (DHS).
(23) "Dependent child" in
the TANF program means the following:
(a) An individual who is
not a caretaker relative (see section (13) of this rule) of a child in the household,
is unmarried or married but separated, and is under the age of 18, or 18 years of
age and a full time student in secondary school or the equivalent level of vocational
or technical training; or
(b) A minor parent (see section
(44) of this rule) whose parents have chosen to apply for benefits for the minor
parent. This does not apply to a minor parent who is married and living with his
or her spouse.
(24) "Disability" means:
(a) In the SNAP program,
see OAR 461-001-0015.
(b) In the REF, SFPSS, TA-DVS,
and TANF programs, for purposes other than determining eligibility:
(A) An individual with a
physical or mental impairment that substantially limits the individual's ability
to meet the requirements of the program; or
(B) An individual with a
physical or mental impairment that substantially limits one or more major life activities,
a record of such impairment, or who is regarded as having such an impairment as
defined by the Americans with Disabilities Act (42 USC 12102; 28 CFR 35.104).
(25) "Domestic violence"
means the occurrence of one or more of the acts described in subsections (a) to
(d) of this section between family members, intimate partners, or household members:
(a) Attempting to cause or
intentionally, knowingly, or recklessly causing physical injury or emotional, mental,
or verbal abuse.
(b) Intentionally, knowingly,
or recklessly placing another in fear of imminent serious physical injury.
(c) Committing sexual abuse
in any degree as defined in ORS 163.415, 163.425 and 163.427.
(d) Using coercive or controlling
behavior.
(e) As used in this section,
"family members" and "household members" mean any of the following:
(A) Spouse;
(B) Former spouse;
(C) Individuals related by
blood, marriage (see section (42) of this rule), or adoption;
(D) Individuals who are cohabitating
or have cohabited with each other;
(E) Individuals who have
been involved in a sexually intimate or dating relationship; or
(F) Unmarried parents of
a child.
(26) "Domestic violence shelters"
are public or private nonprofit residential facilities providing services to victims
of domestic violence. If the facility serves other people, a portion must be used
solely for victims of domestic violence.
(27) "Electronic application"
is an application electronically signed and submitted through the Internet.
(28) "Eligibility" means
the decision as to whether an individual qualifies, under financial and nonfinancial
requirements, to receive program benefits.
(29) "Equity value" means
fair market value (see section (30) of this rule) minus encumbrances.
(30) "Fair market value"
means the amount an item is worth on the open market.
(31) "Family stability" in
the JOBS, Pre-TANF, Post-TANF, SFPSS, TA-DVS, and TANF programs means the characteristics
of a family that support healthy child development, including parental mental health,
drug and alcohol free environment, stable relationships, and a supportive, flexible,
and nurturing home environment.
(32) "Family stability activity"
in the JOBS, Pre-TANF, Post-TANF, SFPSS, TA-DVS, and TANF programs means an action
or set of actions taken by an individual, as specified in a case plan, intended
to promote the ability of one or both parents to achieve or maintain family stability
(see section (31) of this rule).
(33) "Financial institution"
means a bank, credit union, savings and loan association, investment trust, or other
organization held out to the public as a place receiving funds for deposit, savings,
checking, or investment.
(34) "Homeless" in the ERDC
program means lacking a fixed regular and adequate nighttime residence and includes
living in an emergency shelter, shared housing with others due to loss of housing
or economic hardship, staying in motels, cars, parks, public places, tents, trailers,
or other similar settings.
(35) "Income producing property"
means:
(a) In all programs except
OSIP, OSIPM, and QMB, real or personal property that generates income for the financial
group (see OAR 461-110-0530). Examples of "income producing property" are:
(A) Livestock, poultry, and
other animals.
(B) Farmland, rental homes
(including a room or other space in the home or on the property of a member of the
financial group), vacation homes, and condominiums.
(b) In the OSIP, OSIPM, and
QMB programs, "income-producing property" means any real or personal property not
used in self-employment (see OAR 461-145-0600 and 461-145-0915) that produces income
for the financial group. "Income-producing property" includes:
(A) Livestock, poultry, or
other animals that produce marketable products sold by the financial group.
(B) Farmland not excluded
under OAR 461-145-0220 that is farmed or rented out by the financial group.
(C) Real property other than
the home (including vacation homes and condominiums), that is rented out.
(c) In the OSIP, OSIPM, and
QMB programs, "income-producing property" does not include:
(A) Rooms or other space
for rent in the home (see OAR 461-145-0220).
(B) Livestock, poultry, or
other animals kept for resale (see OAR 461-145-0010).
(36) "Initial month" of eligibility
means any of the following:
(a) In all programs, the
first month a benefit group (see OAR 461-110-0750) is eligible for a program benefit
in Oregon after a period during which the group is not eligible.
(b) In all programs except
the SNAP program, the first month a benefit group is eligible for a program benefit
after there has been a break in the program benefit of at least one full calendar
month. If benefits are suspended for one month, that is not considered a break.
(c) In the SNAP program:
(A) The first month for which
the benefit group is certified following any period during which they were not certified
to participate, except for migrant and seasonal farm workers (see OAR 461-001-0015).
(B) For migrant and seasonal
farmworkers, the first month for which the benefit group is certified following
any period of one month or more during which they were not certified to participate.
(d) For a new applicant to
the GA, GAM, OSIP, or OSIPM program applying for care in a nonstandard living arrangement
(see section (45) of this rule), for the purposes of calculating the correct divisor
in OAR 461-140-0296, the month in which the individual would have been eligible
had it not been for the disqualifying transfer of assets (see section (5) of this
rule).
(e) For a current recipient
of the GA, GAM, OSIP, or OSIPM program receiving or applying for care in a nonstandard
living arrangement, for the purpose of calculating the correct divisor in OAR 461-140-0296,
the later of the following:
(A) The month the disqualifying
transfer occurred.
(B) The month of application
for long-term care (see section (40) of this rule) services if the individual would
have been eligible had it not been for the disqualifying transfer of assets.
(37) "In-kind income" means
income in a form other than money (such as food, clothing, cars, furniture, and
payments made to a third party).
(38) "Legally married" means
a marriage uniting two individuals according to:
(a) The statutes of the state
where the marriage occurred;
(b) Except in the SNAP program,
the common law of the state in which the two individuals previously resided while
meeting the requirements for common law marriage in that state; or
(c) The laws of a country
in which the two individuals previously resided while meeting the requirements for
legal or cultural marriage in that country.
(39) "Life estate" means
the right to property limited to the lifetime of the individual holding it or the
lifetime of some other individual. In general, a "life estate" enables the owner
of the "life estate" to possess, use, and obtain profits from property during the
lifetime of a designated individual while actual ownership of the property is held
by another individual. A "life estate" is created when an individual owns property
and then transfers ownership to another individual while retaining, for the rest
of the individual's life, certain rights to that property. In addition, a "life
estate" is established when a member of the financial group purchases a "life estate"
interest in the home of another individual.
(40) "Lodger" means a member
of the household group (see OAR 461-110-0210) who:
(a) Is not a member of the
filing group (see OAR 461-110-0310); and
(b) Pays the filing group:
(A) In all programs except
the GA, GAM, OSIP, OSIPM, and QMB programs, for room and board.
(B) In the GA, GAM, OSIP,
OSIPM, and QMB programs, for room with or without board.
(41) "Long term care" means
the system through which the Department provides a broad range of social and health
services to eligible adults who are aged, blind, or have disabilities for extended
periods of time. This includes nursing homes and state hospitals (Eastern Oregon
and Oregon State Hospitals).
(42) "Lump-sum income" means
income received too infrequently or irregularly to be reasonably anticipated, or
received as a one-time payment. "Lump-sum income" includes:
(a) Retroactive benefits
covering more than one month, whether received in a single payment or several payments.
(b) Income from inheritance,
gifts, winnings, and personal injury claims.
(43) "Marriage" means the
union of two individuals who are legally married (see section (37) of this rule).
(44) "Microenterprise" means
a sole proprietorship, partnership, or family business with fewer than five employees
and capital needs no greater than $35,000.
(45) "Minor parent" in the
ERDC and TANF programs means a parent under the age of 18.
(46) "Nonstandard living
arrangement" is defined as follows:
(a) In the GA, GAM, OSIP,
OSIPM, and QMB programs, an individual is considered to be in a "nonstandard living
arrangement" when the individual is applying for or receiving services in any of
the following locations:
(A) A nursing facility in
which the individual receives long-term care services paid with Medicaid funding,
except this subsection does not apply to a Medicare client in a skilled-stay nursing
facility.
(B) An intermediate care
facility for the mentally retarded (ICF/MR).
(C) A psychiatric institution,
if the individual is not yet 21 years of age or has reached the age of 65.
(D) A community based care
(see section (16) of this rule) setting, except a State Plan Personal Care (SPPC)
setting is not considered a "nonstandard living arrangement".
(b) In all programs except
GA, GAM, OSIP, OSIPM, and QMB, "nonstandard living arrangement" means each of the
following locations:
(A) Foster care.
(B) Residential Care facility.
(C) Drug or alcohol residential
treatment facility.
(D) Homeless or domestic
violence shelter.
(E) Lodging house if paying
for room and board.
(F) Correctional facility.
(G) Medical institution.
(47) "OCCS" is the Office
of Client and Community Services, part of the Medical Assistance Programs under
the Oregon Health Authority responsible for OCCS medical program eligibility policy,
community outreach, OCCS Medical Program eligibility determinations, and the OHA
Customer Service Call Center.
(48) "OCCS Medical Programs"
refers to programs for which eligibility policy can be found in OAR chapter 410,
division 200, and includes CEC, CEM, MAA, MAF, EXT, OHP, Substitute Care, BCCTP,
and MAGI Medicaid/CHIP programs, including:
(a) MAGI Adult;
(b) MAGI Child;
(c) MAGI Parent or Other
Caretaker Relative;
(d) MAGI Pregnant Woman;
and
(e) MAGI CHIP.
(49) "Ongoing month" means
one of the following:
(a) For all programs except
the SNAP program, any month following the initial month (see section (35) of this
rule) of eligibility, if there is no break in the program benefit of one or more
calendar months.
(b) For the SNAP program,
any month in the certification period (see section (14) of this rule) following
the initial month of eligibility.
(50) "Parent" for all programs
except the JPI and SNAP programs, means the biological or legal mother or father
of an individual or unborn child. For the SNAP program, a "parent" means the biological
or legal mother or father of an individual. For the JPI program, a "parent" means
the biological or legal mother or father of a child under the age of 18.
(a) If the mother lives with
a male and either she or the male claims that he is the father of the child or unborn,
and no one else claims to be the father, he is treated as the father even if paternity
has not been legally established.
(b) A stepparent relationship
exists if:
(A) The individual is legally
married to the child's biological or adoptive parent; and
(B) The marriage has not
been terminated by legal separation, divorce, or death.
(c) A legal adoption erases
all prior legal and blood relationships and establishes the adoptive parent as the
legal parent. However, the biological parent is also considered a "parent" if both
of the following are true:
(A) The child lives with
the biological parent; and
(B) The legal parent has
given up care, control, and supervision of the child.
(51) "Payment month" means,
for all programs except EA, the calendar month for which benefits are issued.
(52) "Payment period" means,
for EA, the 30-day period starting with the date the first payment is issued and
ending on the 30th day after the date the payment is issued.
(53) "Periodic income" means
income received on a regular basis less often than monthly.
(54) "Primary person" for
all programs except the SNAP program, means the filing group member who is responsible
for providing information necessary to determine eligibility and calculate benefits.
The "primary person" for individual programs is as follows:
(a) For the TANF program,
the parent or caretaker relative.
(b) For the ERDC program,
the caretaker.
(c) For SNAP, see OAR 461-001-0015.
(d) For the GA, GAM, OSIP,
OSIPM, QMB, REF, and REFM programs: the client or client's spouse.
(55) "Qualified Partnership
Policy" means a long-term care insurance policy meeting the requirements of OAR
836-052-0531 that was either:
(a) Issued while the individual
was a resident in Oregon on January 1, 2008 or later; or
(b) Issued in another state
while the individual was a resident of that state on or after the effective date
of that state's federally approved State Plan Amendment to issue qualified partnership
policies.
(56) "Real property" means
land, buildings, and whatever is erected on or affixed to the land and taxed as
"real property".
(57) "Reimbursement" means
money or in-kind compensation provided specifically for an identified expense.
(58) "Safe homes" mean private
homes that provide a few nights lodging to victims of domestic violence. The homes
must be recognized as such by the local domestic violence agency, such as crisis
hot lines and shelters.
(59) "Shelter costs" mean,
in all programs except the SNAP program, housing costs (rent or mortgage payments,
property taxes) and utility costs, not including cable TV or non-basic telephone
charges. In the SNAP program, see OAR 461-160-0420.
(60) "Shelter in kind" means
an agency or individual outside the financial group provides the shelter of the
financial group, or makes a payment to a third party for some or all of the shelter
costs (see section (58) of this rule) of the financial group. "Shelter-in-kind"
does not include temporary shelter provided by a domestic violence shelter, homeless
shelter, or residential alcohol and drug treatment facilities or situations where
no shelter is being provided, such as sleeping in a doorway, park, or bus station.
(61) "Sibling" means the
brother or sister of an individual. "Blood related" means they share at least one
biological or adoptive parent. "Step" means they are not related by blood, but are
related by the marriage of their parents.
(62) "Spousal support" means
income paid (voluntarily, per court order, or per administrative order) by a separated
or divorced spouse to a member of the financial group.
(63) "Spouse" means an individual
who is legally married to another individual.
(64) "Stable income" means
income that is the same amount each time it is received.
(65) "Standard living arrangement"
means a location that does not qualify as a nonstandard living arrangement.
(66) "Teen parent" means,
for TANF and JOBS, a parent under the age of 20 who has not completed a high school
diploma or GED.
(67) "Timely continuing benefit
decision notice" means a decision notice that informs the individual of the right
to continued benefits and is mailed no later than the time requirements in OAR 461-175-0050.
(68) "Trust funds" mean money,
securities, or similar property held by an individual or institution for the benefit
of another individual.
(69) "USDA meal reimbursements"
mean cash reimbursements made by the Oregon Department of Education for family day-care
providers who serve snacks and meals to children in their care.
(70) "Variable income" means
earned or unearned income that is not always received in the same amount each month.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 413.085, 414.685
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.404, 411.816, 411.837, 412.001, 412.006, 412.014,
412.049, 413.085, 414.685
Hist.: AFS 28-1978, f. &
ef. 7-13-78; AFS 54-1984, f. 12-28-84, ef. 1-1-85; AFS 21-1995, f. 9-20-95, cert.
ef. 10-1-95; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; AFS 27-2001, f. 12-21-01,
cert. ef. 1-1-02; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; SSP 14-2006, f. 9-29-06,
cert. ef. 10-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 4-2007, f. 3-30-07,
cert. ef. 4-1-07; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 11-2007(Temp), f.
& cert. ef. 10-1-07 thru 3-29-08; SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08;
SSP 15-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 3-29-08; SSP 5-2008, f. 2-29-08,
cert. ef. 3-1-08; SSP 8-2008, f. & cert. ef. 4-1-08; SSP 17-2008, f. & cert.
ef. 7-1-08; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 26-2008, f. 12-31-08, cert.
ef. 1-1-09; SSP 5-2009, f. & cert. ef. 4-1-09; SSP 13-2009, f. & cert. ef.
7-1-09; SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10; Administrative
correction 4-21-10; SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11; SSP 25-2011, f.
9-30-11, cert. ef. 10-1-11; SSP 17-2012(Temp), f. & cert. ef. 5-1-12 thru 10-28-12;
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12; SSP 22-2013(Temp), f. & cert. ef.
8-23-13 thru 2-19-14; SSP 24-2013, f. & cert. ef. 10-1-13; SSP 29-2013(Temp),
f. & cert. ef. 10-1-13 thru 2-19-14; SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14;
SSP 39-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14; SSP 9-2014, f. &
cert. ef. 4-1-14; SSP 14-2014(Temp), f. & cert. ef. 6-26-14 thru 12-23-14; SSP
15-2014, f. & cert. ef. 7-1-14; SSP 18-2014(Temp), f. & cert. ef. 7-1-14
thru 12-23-14; SSP 24-2014, f. & cert. ef. 10-1-14; SSP 11-2015, f. 3-13-15,
cert. ef. 4-1-15; SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15; SSP 29-2015(Temp),
f. & cert. ef. 10-1-15 thru 3-28-16
461-001-0010
Notice of Rulemaking
See the current version of OAR 407-001-0000 and 407-001-0005 which apply to notices of rulemaking for rules in Chapter 461.
Stat. Auth.: ORS 183.341, 411.060 & 418.100

Stats. Implemented: ORS 183.341, 411.060 & 418.100

Hist.: AFS 37-1995, f. 11-28-95, cert. ef. 12-1-95; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; SSP 8-2006, f. & cert. ef. 6-1-06
461-001-0015
Definitions;
SNAP
The following definitions
apply to the rules of the SNAP program in chapter 461:
(1) Adult means an individual 18 years of age or older.
(2) A disabled individual or an individual with a disability means an individual who meets
any of the following requirements:
(a) Receives
SSI benefits under title XVI of the Social Security Act.
(b) Receives
blindness or disability benefits under titles I, II, X, XIV, or XVI of the Social
Security Act.
(c) Receives
OSIP or other state or federal supplement under section 1616(a) of the Social Security
Act based on disability or blindness criteria under title XVI of the Social Security
Act.
(d) Receives
state general assistance benefits based upon disability or blindness criteria under
title XVI of the Social Security Act.
(e) Receives
interim assistance pending receipt of SSI or receives disability-related medical
assistance under title XIX of the Social Security Act.
(f) Receives
a state or federally administered supplemental benefit under section 212(a) of Public
Law 93-66.
(g) Receives
an annuity payment under Section 2(a)(1)(iv) of the Railroad Retirement Act of 1974
and is determined to be eligible for Medicare by the Railroad Retirement Board.
(h) Receives
an annuity payment under Section 2(a)(1)(v) of the Railroad Retirement Act of 1974
and meets the disability criteria used under title XVI of the Social Security Act.
(i) Receives
VA benefits for non-service or service connected disability rated or paid as total
under title 38 of the United States Code.
(j) Receives
disability retirement benefits from a governmental agency because of a disability
considered permanent under section 221(i) of the Social Security Act.
(k) Has a
disability considered permanent under 221(i) of the Social Security Act section
and is the surviving spouse or surviving child of a veteran and considered by the
VA to be entitled to compensation for a service-connected death or pension benefits
for a non-service connected death under title 38 of the United States Code.
(l) Is a
veteran or surviving spouse of a veteran considered by the VA to be in need of Aid
and Attendance benefits or permanently housebound under title 38 of the United States
Code.
(m) Is a
surviving child of a veteran and considered permanently incapable of self support
under title 38 of the United States Code.
(3) Elderly means an individual 60 years of age or older.
(4) Employee means an individual who works for another in return for financial or other compensation
such as rent, but does not include an independent contractor.
(5) Employer means a person that employs one or more individuals for wages, salary, or other
compensation such as rent.
(6) Externship means a required period of supervised practice completed off campus or away from
an individual's school of higher education (see OAR 461-135-0570) in order to complete
the requirements for the individual's degree.
(7) Graduate
assistantship means an appointment as a graduate student employee offering
a financial payment to the graduate student for part-time work in teaching, administration,
or research while the graduate student completes the academic requirements for an
advanced degree at a school of higher education (see OAR 461-135-0570). A graduate
assistantship includes such positions as graduate assistant, graduate research
assistant, graduate teaching assistant, and graduate teaching associate.
(8) Graduate
fellowship means a school of higher education (see OAR 461-135-0570) awarded
program, targeted to a specific student group or field of study, that may be awarded
based on academic need, academic record, or merit.
(9) Group living means a public or private nonprofit residential setting that serves
no more than 16 residents and is certified by State of Oregon under regulations
issued under section 1616(e) of the Social Security Act (42 U.SC. 1382e(e)). To
be eligible for SNAP benefits, a resident of such a group living arrangement
must be blind or have a disability.
(10) Head
of household means a primary person.
(11) An individual
is homeless if the individual does not have a fixed or regular nighttime
residence or has a primary residence that is one of the following:
(a) A supervised
shelter that provides temporary accommodations.
(b) A halfway
house or residence for individuals who may become institutionalized.
(c) A temporary
accommodation in another individual's or family's residence for 90 days or less.
(d) A place
not designed to be or ordinarily used as a place for individuals to sleep, such
as a hallway, bus station, or similar place.
(12) Internship means an official or formal program through a school of higher education (see OAR
461-135-0570) to provide practical experience for an individual beginning an occupation
or profession.
(13) A migrant
farmworker is an individual who regularly travels away from their permanent
residence overnight, usually with a group of laborers, to seek employment in an
agriculturally related activity. If any member of a SNAP household fits the definition
of migrant farmworker at any time during the redetermination period, the household
is budgeted according to the policy on migrant farmworkers.
(14) A primary
person means:
(a) An adult
in the filing group (see OAR 461-110-0370) who is designated by the group
to serve as the primary person. Where there is no adult, the group can designate
another responsible person in the filing group.
(b) Once
the primary person has been designated, the filing group cannot choose a different
individual to be the primary person during the same certification period (see OAR
461-001-0000) or during an OFSET or job quit disqualification period, unless there
is a change in the composition of the household group (see OAR 461-110-0210).
(15) Seasonal
farmworkers are individuals employed in agricultural employment of a seasonal
or temporary nature. If any member of a SNAP household fits the definition of seasonal
farmworker at any time during the redetermination period, the household is budgeted
according to policy on seasonal farmworkers. Seasonal farmworkers are not required
to be absent overnight from their permanent residence when:
(a) Employed
on a farm or ranch performing field work related to planting, cultivation, or harvesting
operations; or
(b) Employed
in a canning, packing, ginning, seed conditioning, or related research or processing
operation, and transported to or from the place of employment by means of a day-haul
operation.
Stat. Auth.: ORS
411.816

Stats. Implemented:
ORS 411.816 & 411.825

Hist.: SSP
15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07;
SSP 5-2010, f. & cert. ef. 4-1-10; SSP 8-2013, f. & cert. ef. 4-1-13
461-001-0020
Definitions; FS OFSET Components and Activities
The following definitions apply to rules about the SNAP OFSET program in chapter 461:
(1) Assessment: An activity that involves gathering information to identify a client's strengths, interests, family circumstances, status in the OFSET program, goals, and vocational aptitudes and preferences and to mutually determine an employment goal, the level of the client's participation in the OFSET program, and which support services are needed to be able to participate in the components and activities
(2) Basic education: A component intended to ensure functional literacy for all OFSET clients. Basic education activities are high school attendance, English as a second language (ESL) instruction, adult basic education (ABE) instruction, and services that result in obtaining a general equivalency diploma (GED).
(3) Case plan: The case plan (also called a personal plan or personal development plan) is a written outline, developed together by the client and case manager, with input from partners as appropriate, listing activities for the client. The components and activities are identified during the assessment and are intended to reduce the effect of barriers to the client's self-sufficiency, employment, job retention and wage enhancement. The case plan also identifies the support services the Department will make available to help the client complete the plan.
(4) English as a second language (ESL): An activity in the basic education component. ESL classes are designed to give clients with limited English proficiency better working skills in the language.
(5) Job search: A component that focuses on clients looking for and obtaining employment.
(6) Job skills training: A component that includes training designed to improve skills in locating and competing for employment in the local labor market and may include writing resumes and receiving instruction in interviewing skills.
(7) Other employment-related activities: A component composed of other activities related to employment, including:
(a) Participation in a program of the Workforce Investment Act;
(b) A program authorized by section 236 of the Trade Act of 1974 (19 U.S.C. 2296)
(c) Sheltered work or supported work: A component that gives clients intensive staff support, skill training, intervention and counseling that will enable them to function independently at work.
(d) Vocational training: A component designed to provide classroom training in vocational and technical skills or equivalent knowledge and abilities in a specific job area. Examples are Project Independence, Women in Transition, and Nurses Aid certification.
(e) Work search agreement: See case plan in section (3) of this rule.
Stat. Auth.: ORS 411.816

Stats. Implemented: ORS 411.816

Hist.: SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
461-001-0025
Definitions of Terms, Components, and Activities; JOBS, Pre-TANF, Post-TANF, TANF
In the JOBS, Pre-TANF, Post-TANF, and
TANF programs, the following definitions apply to rules in Chapter 461 unless the
context indicates otherwise.
(1) Activity: An action or
set of actions to be taken by the client, as specified in the case plan. An activity
is intended to reduce barriers and:
(a) Increase the likelihood
of self sufficiency, employment, job retention, wage enhancement, and financial
independence; or
(b) Promote family stability
(see OAR 461-001-0000).
(2) Adult Basic Education
(ABE): An activity in the basic education component that involves remedial education
coursework intended to ensure functional literacy.
(3) Assessment: An activity
of the program entry component that involves gathering information to identify the
strengths, interests, family circumstances, status in the JOBS program, and vocational
aptitudes and preferences of the client and to mutually determine an employment
goal, the level of participation of the client in the JOBS program, and which support
services are needed. This activity includes providing screenings and evaluations
(if appropriate) to determine the level of participation, accommodation, and modification
for the client in the JOBS program. The screenings include, but are not limited
to, physical and mental health needs, substance abuse, domestic violence, and learning
needs.
(4) Barrier: A personal condition
or circumstance that reduces the likelihood the client will become employed or the
client's ability to participate in an activity listed in the case plan.
(5) Basic education: A component
of non-core activities intended to ensure functional literacy for all JOBS clients.
Basic education activities are high school attendance, English as a second language
(ESL) instruction, job skills training, adult basic education (ABE) instruction,
and services that result in obtaining a general equivalency diploma (GED). The component
is discussed in OAR 461-190-0171 and 461-190-0181.
(6) Case plan (formerly also
known as an employment development plan (EDP), a personal plan, or personal development
plan): A written outline, developed in partnership by the client and case manager,
with input from partners as appropriate, listing activities and goals for the client.
The case plan also identifies the support service payments, accommodations, and
modifications to help the client complete the plan. The DHS 1543 — Domestic
Violence Assistance Agreement — is the case plan for clients with safety concerns
about domestic violence.
(7) Community Service Program:
An activity in the unpaid employment component in which the client works without
pay at a job site to enhance the likelihood the client will become employed and
perform work for the direct benefit of the community. This activity is available
through nonprofit organizations or public agencies.
(8) Component: A set of one
or more activities of the JOBS program. Components of the JOBS program are paid
unsubsidized employment, paid subsidized employment, unpaid employment, vocational
training, job search and readiness, and basic education activities.
(9) Core activities: Federally-defined
countable work activities that include: paid unsubsidized employment; paid subsidized
employment; work experience; on-the-job training; job search and readiness; community
service programs; vocational training; and providing child care assistance to a
community service program participant.
(10) Crisis intervention:
Short-term services to address an immediate crisis need.
(11) Degree Completion Initiative
(DCI): An activity in which a limited number of TANF recipients may participate
for up to 12 months to complete an educational degree at a two- or four-year educational
institution.
(12) Drug and alcohol services:
An activity in the job search and readiness component that provides substance abuse
screenings and evaluations, outpatient or resident treatment, and support groups
such as AA or NA.
(13) Employer contact: A
client communication with an employer or employer's representative through a visit,
phone call, or mail to request consideration for employment.
(14) English as a second
language (ESL): An activity in the basic education component. ESL classes are designed
to give clients with limited English proficiency better working skills in the language.
(15) Fair Labor Standards
Act (FLSA): Applies to subject employers with clients working in the unpaid employment
component. FLSA requires that clients engaged in unpaid employment, in effect, may
not "work off" their SNAP and TANF benefits at an hourly rate less than the state
minimum wage.
(16) Federally required participation
rates: The participation rates required by section 407 of the Social Security Act
(42 USC 607).
(17) High School or GED Completion
Attendance: An activity in the basic education component that involves attendance
at a secondary school or in a course of study that leads to the completion of the
GED.
(18) Job search: An activity
in the job search and readiness component that focuses on clients looking for and
obtaining employment. It is designed to improve skills in locating and competing
for employment in the local labor market and may include writing resumes, receiving
instruction in interviewing skills, and participating in group and individual job
search. There are two categories of job search: initial job search and regular job
search. Initial job search may occur during the Pre-TANF program. Regular job search
begins not later than the day after the Department finds the client eligible for
TANF benefits.
(19) Job search and readiness:
A component designed to prepare clients to compete in the local labor market. Job
search, life skills, drug and alcohol services, mental health services, and rehabilitation
activities are the activities of the job search and readiness component.
(20) Job skills training:
An activity in the basic education component designed to provide classroom training
in vocational and technical skills or equivalent knowledge and abilities in a specific
job area.
(21) JOBS Plus program (JOBS
Plus): An activity in the paid subsidized employment component that provides TANF
clients with on-the-job training and pays their benefits as wages (see OAR 461-190-0401
to 461-190-0426).
(22) Life skills: An activity
of the job search and readiness component. The activity develops employment-preparation
skills and skills and attitudes that are commonly found in the workplace.
(23) Mental health services:
An activity in the job search and readiness component that provides mental health
screenings and assessments, counseling, medication management, and support groups.
(24) Microenterprise: An
activity in the paid unsubsidized employment component in which the client is self-employed
in a sole proprietorship, partnership, or family business that has fewer than five
employees and has capital needs no greater than $35,000.
(25) Non-core activities:
Federally-defined countable work activities that include: job skills training directly
related to employment; education directly related to employment; and satisfactory
school attendance at a secondary level or leading to a GED.
(26) On-the-job training
(OJT): An activity in the paid subsidized employment component in which a client
works for an employer for a contracted period. The employer trains the client and
is reimbursed by the Department, usually at 50 percent of the wages of the participant,
for those training costs.
(27) Paid subsidized employment:
A component in which clients are employed in a subsidized public or private sector
job. JOBS Plus, work supplementation, and on-the-job training are the activities
in the paid subsidized employment component.
(28) Paid unsubsidized employment:
A component in which clients are employed full- or part-time in an unsubsidized
job and receiving TANF benefits. Unsubsidized employment is a job that is not subsidized
by TANF or any other public program. The UN work program and microenterprise are
the activities in the paid unsubsidized employment component.
(29) Parents as Scholars
(PAS): A JOBS program component that assists TANF parents who are or will be undergraduates
to begin or continue their education at a two- or four-year educational institution
(see OAR 461-190-0199).
(30) Program entry: An activity
that includes all the activities that prepare a client to actively participate in
the JOBS program. Program entry activities include assessment and writing the initial
case plan.
(31) Progress (good or satisfactory):
For federal reporting purposes, a client participating in an education or training
activity makes good progress or satisfactory progress by receiving a passing grade
or progressing toward completion of high school or GED completion at no less than
the normal rate of a half-time student.
(32) Providing child care
services to a Community Service Program participant: An activity in the unpaid employment
component.
(33) Rehabilitation activities:
An activity in the job search and readiness component that provides medical or therapeutic
screenings, assessments, and treatment. This activity also includes medical management
and support groups.
(34) Self-Initiated Training
(SI): A JOBS program component that is short-term training needed to be competitive
in the job market. This also allows a participant to continue an approved Vocational
Training for up to 6 months.
(35) Supported work: An activity
in the unpaid employment component that gives clients intensive staff support, skill
training, intervention, and counseling that will enable them to function independently
at work.
(36) Stabilization, intervention,
and other activities: A group of activities that are non-countable for federal participation
purposes. These activities include child health and development, crisis intervention
(see section (10) of this rule), domestic violence services, family stability activities
(see OAR 461-001-0000), medical services, retention services, services to child
welfare families, social security application, and stabilized living services.
(37) Support services: Services
that case-managed clients need to participate successfully in activities outlined
in their case plan, seek and maintain employment, or remove barriers.
(38) Teen parent: A parent
(see OAR 461-001-0000) under 20 years of age who has not completed a high school
diploma or GED.
(39) Transition services:
Services included in a client's case plan when the client becomes employed or becomes
ineligible for cash benefits because of an increase in income or resources.
(40) Unpaid employment: A
component in which a client is placed in an unpaid job to develop good work habits,
training, and knowledge to obtain employment. Employment may be in the private or
public sector or through a work simulation program. Work experience, Community Service
Program, providing child care services to a Community Service Program participant,
and supported work are the activities of the unpaid employment component.
(41) UN work program: An
activity in the paid unsubsidized employment component in which TANF clients work
in unsubsidized employment and may also participate in another JOBS work site training
activity.
(42) Vocational Training:
An activity and component of the JOBS program that provides JOBS participants with
access to specific vocational training that will lead to a career with an appropriate
wage level and opportunity for employment.
(43) Work experience: An
activity in the unpaid employment component in which the client works without pay
at a job site to develop good work habits and basic vocational skills that enhance
the likelihood the client will become employed. Work experience is available through
private for-profit businesses, nonprofit organizations, or public agencies.
(44) Work supplementation:
An activity in the unpaid employment component. Up to six months of work-site training
provided by an employer. The component and activity are both called work supplementation.
In work supplementation, the Department subsidizes the wages of the participant
by providing up to $200 per month to the employer.
Stat. Auth.: ORS 411.060, 412.006, 412.009,
412.016, 412.049, 2011 Or. Laws 604
Stats. Implemented: ORS 411.060,
412.001, 412.006, 412.016, 412.009, 412.049, 2011 Or. Laws 604
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90; AFS 30-1990, f. 12-31-90,
cert. ef. 1-1-91; AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91; AFS 10-1991, f. &
cert. ef. 4-19-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 2-1992, f. 1-30-92,
cert. ef. 2-1-92; AFS 17-1992, f. & cert. ef. 7-1-92; AFS 5-1993, f. & cert.
ef. 4-1-93; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 13-1994, f. & cert.
ef. 7-1-94; AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94; AFS13-1995, f. 6-29-95,
cert. ef. 7-1-95; AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 40-1995, f. 12-26-95,
cert. ef. 1-1-96; AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96; AFS 18-1998, f. &
cert. ef. 10-2-98; SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04; Renumbered from 461-190-0110,
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 11-2007(Temp), f. & cert. ef.
10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 26-2008, f.
12-31-08, cert. ef. 1-1-09; SSP 18-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11;
SSP 34-2011, f. 12-27-11, cert. ef. 12-29-11; SSP 18-2015(Temp), f. 6-30-15, cert.
ef. 7-1-15 thru 12-27-15
461-001-0030
Definitions; OSIP, OSIPM Long-Term
Care or Home and Community-Based Care
These terms apply to rules in Chapter
461 about OSIP and OSIPM long-term care and home and community-based care clients:
(1) Community spouse: An individual who is legally married (see OAR 461-001-0000) to an institutionalized
spouse and is not in a medical institution or nursing facility.
(2) Continuous period
of care: Reside for a period of at least 30 consecutive days or until death
in a long term care facility, home and community-based care setting, or an acute
care hospital. There must be sufficient evidence to show there is a reasonable expectation
that the client will remain in care for at least 30 consecutive days. For the purposes
of this policy, an interruption in care (for example, leaving and then returning
to a nursing home, or switching from one type of care to another) that lasts less
than 30 days is not considered a break in the 30 consecutive days of care. A new
period of care begins if care is interrupted for 30 or more days.
(3) Eligible dependent:
(a) For cases with a community
spouse:
(A) An "eligible dependent"
is the child of the institutionalized spouse or community spouse and must also be
either a minor (under the age of 21) or 21 or older but still a dependent.
(B) A grandchild of the institutionalized
spouse or community spouse is not considered an "eligible dependent".
(C) An "eligible dependent"
is a dependent parent or sibling of the institutionalized spouse or community spouse
who is residing with the community spouse and claimed as a tax dependent by either
spouse.
(b) For cases without a community
spouse, an "eligible dependent" is a minor (under the age of 21) or dependent child
residing with and claimed as a tax dependent by the client.
(4) Home and community-based
care: Title XIX services needed to keep an individual out of a long-term care facility.
These services are:
(a) In-home services except
for state plan personal care services.
(b) Residential care facility
services.
(c) Assisted living facility
services.
(d) Adult foster care services.
(e) Home adaptations to accommodate
a client's physical condition.
(f) Home-delivered meals
provided in conjunction with in-home services.
(g) Specialized living facility
services.
(h) Adult day care services.
(i) Community transition
services.
(5) Home and community-based
care client: A client receiving home and community-based care for a continuous period.
(6) Institutionalized spouse:
An individual who is in long-term care or receiving home and community-based care
for a continuous period and is married to a community spouse.
Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060,
411.700
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 2-1992, f. 1-30-92,
cert. ef. 2-1-92; AFS 6-1994, f. & cert. ef. 4-1-94; AFS 29-1994, f. 12-29-94,
cert. ef. 1-1-95; AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 3-2000, f. 1-31-00,
cert. ef. 2-1-00; AFS 5-2002, f. & cert. ef. 4-1-02; SSP 8-2004, f. & cert.
ef. 4-1-04; SSP 4-2005, f. & cert. ef. 4-1-05; Renumbered from 461-160-0560,
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07;
SSP 13-2009, f. & cert. ef. 7-1-09; SSP 17-2013(Temp), f. & cert. ef. 7-1-13
thru 12-28-13; SSP 26-2013, f. & cert. ef. 10-1-13; SSP 37-2013, f. 12-31-13,
cert. ef. 1-1-14
461-001-0035
Definitions; OSIP-EPD and OSIPM-EPD
The following definitions apply to the rules of the OSIP-EPD and OSIPM-EPD programs in Chapter 461:
(1) "Approved account" refers to a segregated account in a financial institution, the purpose of which is to save to use for future disability-related expenses that would increase the individual's independence and employment potential. Also included in this definition are accounts regulated by the Internal Revenue Code and used for retirement planning, such as IRAs, 401(k)s, TSAs, and KEOGHs.
(2) "Blind work expenses" (BWE) refer to those costs defined by SSA that can be used as reductions to earned income as defined in 20 CFR 416.1112(c)(8).
(3) "Disabled" or "has a disability" refers to having a physical or mental impairment, or a combination of these impairments, that meets the definition of disability used by SSA when determining eligibility for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) as defined in 20 CFR Part 404.
(4) "Disability determination" refers to the process used to establish whether the individual's disability meets the definitions used by SSA in determining eligibility for SSI and SSDI.
(5) "Employment" refers to an ongoing work activity for which a client provides the Department with one of the following:
(a) Tax payments or filing for Federal Insurance Contribution Act (FICA).
(b) Tax payments or filing for Self-Employment Contributions Act (SECA).
(c) Clear and convincing evidence of self-employment.
(6) "Employment and independence expense" (EIE) refers to the cost of any expense that can be reasonably expected to enhance the independence and employment potential of the individual.
(7) "Impairment related work expenses" (IRWE) refer to those costs defined by SSA that can be used as reductions to earned income. To be allowed, the item or service must be related to the impairment and necessary to enable the individual to perform the individual's job as defined in 20 CFR 416.976.
(8) "Participant fee" refers to the monthly payment that clients in the OSIP-EPD and OSIPM-EPD programs must make in order to be eligible for the OSIP-EPD and OSIPM-EPD programs (see OAR 461-160-0800).
(9) "Past relevant work" (PRW) refers to work done within the past 15 years, that was substantial gainful activity, and that lasted long enough for the worker to learn how to do it.
(10) "Substantial gainful activity" (SGA) refers to the term used by SSA to describe a level of work activity and earnings. In the OSIP-EPD or OSIPM-EPD programs, an individual is engaging in SGA if the earnings of the individual are at or above the OSIP-EPD or OSIPM-EPD income standard.
Stat. Auth.: ORS 411.060, 411.070, 414.042

Stats. Implemented: ORS 411.060, 411.070, 414.042

Hist.: AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-999; AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99; AFS 22-2002, f. 12-31-02, cert. ef. 1-1-03; SSP 10-2003(Temp) f. & cert. ef. 5-1-03 thru 9-30-03; SSP 17-2003, f. & cert. ef. 7-1-03; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; Renumbered from 461-110-0115, SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08; SSP 23-2008, f. & cert. ef. 10-1-08


The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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