ORS 412.007
Determination of amount of aid

  • rules

(1)

The eligibility for and amount of aid to be granted for any dependent child or relative pursuant to ORS 412.006 (Administration of temporary assistance for needy families program) shall be determined, in accordance with the rules of the Department of Human Services, taking into account:

(a)

The income, resources and maintenance available to such child and relative from whatever source derived, allowable deductions and the statewide income and payment standards.

(b)

The income and financial condition of the stepparent, if any, of the child for whom aid is sought.

(2)

Subsection (1)(b) of this section is not intended to relieve any parent of any legal obligation with respect to the support of the natural or adopted children of the parent.

(3)

In determining the eligibility for and amount of aid to be granted under subsection (1) of this section and under ORS 411.070 (Statewide standards for public assistance), the department shall disregard:

(a)

From income, no less than $50 of the amount of child support received for each child per month, up to a total of $200 or the maximum established by federal law, for the family;

(b)

As resources, moneys held in a pension or retirement account; and

(c)

Any earnings or other income or resources of the family as the department may prescribe by rule.

(4)

As used in this section, “pension and retirement account” includes:

(a)

Benefits employees receive only when they retire or leave employment;

(b)

Pension, profit-sharing and stock bonus plans exempt from taxation by section 401 of the Internal Revenue Code;

(c)

Qualified annuities exempt from taxation by section 403(a) or (b) of the Internal Revenue Code;

(d)

Accounts or annuities exempt from taxation by section 408(a), (b), (c), (k), (p) or (q) of the Internal Revenue Code;

(e)

Roth individual retirement plans authorized by section 408A of the Internal Revenue Code;

(f)

Retirement plans offered by governments, nonprofit organizations or unions that are:

(A)

Exempt from taxation under section 457(b) or 501(c)(18) of the Internal Revenue Code; or

(B)

Contributions to the Thrift Savings Fund authorized by 5 U.S.C. 8439; and

(g)

Defined contribution plan accounts described in ORS 178.210 (Requirements for Oregon Retirement Savings Plan). [2015 c.765 §4; 2018 c.56 §1]
Note: 412.007 (Determination of amount of aid) was added to and made a part of 412.001 (Definitions) to 412.161 (Policy on two-parent families) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 412.007 — Determination of amount of aid; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors412.­html.

412.001
Definitions
412.002
Legislative findings
412.006
Administration of temporary assistance for needy families program
412.007
Determination of amount of aid
412.009
Engagement in JOBS
412.011
Support service payments to prevent loss of employment
412.014
State Family Pre-SSI/SSDI program
412.016
Enrollment in educational institution as allowable work activity
412.024
Assignment of support rights
412.026
Payment of aid to individual other than relative
412.028
Petition for and appointment of guardian or conservator
412.029
Expenditures limited to needs of beneficiary
412.034
Denial of aid when unemployed parent refuses employment
412.039
Cooperation of department with Director of Employment Department and all available workforce services to find employment for parent
412.044
Cooperation with other agencies to provide vocational training
412.049
Powers and duties of department
412.054
Application for aid
412.059
Investigation of eligibility of child
412.064
Authority to determine eligibility
412.069
Appeal from denial of or failure to act on application or from modification or cancellation of aid
412.074
Use and custody of records of temporary assistance for needy families program
412.079
Time limits
412.084
Minor parents’ eligibility to receive assistance and support services
412.089
Referral to mental health or drug abuse professional
412.094
Public officials to cooperate in locating and furnishing information concerning parents of children receiving or applying to receive public assistance and in prosecuting nonsupport cases
412.109
Policy on absent parent
412.124
Post-TANF aid to employed families
412.139
Duties of department relating to federal law
412.144
Duties of department relating to other agencies
412.151
Statewide electronic benefits transfer system
412.155
Additional monthly payments of elderly rental assistance
412.161
Policy on two-parent families
412.991
Criminal penalties
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