R986-700-710. Income and Asset Limits for ES CC

  (1) Rule R986-200 is used to determine:

  (a) who must be included in the household assistance unit for determining whose income must be counted to establish eligibility. In some circumstances, determining household composition for a ES CC household is different from determining household composition for a FEP or FEPTP household. ES CC follows the parent and the child, not just the child so, for example, if a parent in the household is ineligible, the entire ES CC household is ineligible. A specified relative may not opt out of the household assistance unit when determining eligibility for CC. The income of the specified relatives needing ES CC in the household must be counted. For ES CC, only the income of the parent/client is counted in determining eligibility regardless of who else lives in the household. If both parents are living in the household, the income of both parents is counted. Recipients of SSI benefits are included in the household assistance unit.

  (b) what is counted as income except:

  (i) the earned income of a minor child who is not a parent is not counted;

  (ii) child support, including in kind child support payments, is counted as unearned income, even if it exceeds the court or ORS ordered amount of child support, if the payments are made directly to the client. If the child support payments are paid to a third party, only the amount up to the court or ORS ordered child support amount is counted; and

  (iii) earned and unearned income of SSI recipients is counted with the exception of the SSI benefit.

  (c) how to estimate income.

  (2) The following income deductions are the only deductions allowed on a monthly basis:

  (a) the first $50 of child support received by the family;

  (b) court ordered and verified child support and alimony paid out by the household;

  (c) $100 for each person with countable earned income; and

  (d) a $100 medical deduction. The medical deduction is automatic and does not require proof of expenditure.

  (3) The household's countable income, less applicable deductions in paragraph (2) above, must be at, or below, a percentage of the state median income as determined by the Department. The Department will make adjustments to the percentage of the state median income as funding permits. The percentage currently in use is available at the Department's administrative office.

  (4) Charts establishing income limits and the copayment amounts are available at all local Department offices.

  (5) An independent living grant paid by DHS to a minor parent is not counted as income.

  (6) If a non-applicant parent pays a portion of the child care costs directly to the applicant parent, that amount is counted as income. If the non-applicant parent pays the child care provider directly, that amount will be deducted from the amount the provider reports to the Department as the charge for the child. For example: The provider's monthly charge is $800 per month. The non-applicant parent pays $300 directly to the provider. The provider should report the charge of $500, as that is the portion the applicant parent is responsible to pay. The provider charge of $500 will be used in the benefit calculation when determining the amount of subsidy. If the court orders the non-applicant to pay one-half of the child care costs, the non-applicant parent must pay one-half of the total cost of child care.

  (7) Clients must meet the CCDF asset limit.