# ORS § 412.007: 412.007 Determination of amount of aid

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C412_S412.007

## Section

- **Citation:** ORS § 412.007
- **Heading:** 412.007 Determination of amount of aid
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 34 / Chapter 412 / Section 412.007

## Text

(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 (accessed May 26, 2025).

## Nearby sections

- [ORS § 412.001 412.001 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C412_S412.001.md)
- [ORS § 412.002 412.002 Legislative findings](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C412_S412.002.md)
- [ORS § 412.006 412.006 Administration of temporary assistance for needy families program](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C412_S412.006.md)
- [ORS § 412.007 412.007 Determination of amount of aid](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C412_S412.007.md)
- [ORS § 412.009 412.009 Engagement in JOBS](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C412_S412.009.md)
- [ORS § 412.011 412.011 Support service payments to prevent loss of employment](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C412_S412.011.md)
- [ORS § 412.014 412.014 State Family Pre-SSI/SSDI program](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C412_S412.014.md)
- [ORS § 412.016 412.016 Enrollment in educational institution as allowable work activity](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C412_S412.016.md)
- [ORS § 412.024 412.024 Assignment of support rights](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C412_S412.024.md)
- [ORS § 412.026 412.026 Payment of aid to individual other than relative](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C412_S412.026.md)
- [ORS § 412.028 412.028 Petition for and appointment of guardian or conservator](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C412_S412.028.md)
- [ORS § 412.029 412.029 Expenditures limited to needs of beneficiary](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C412_S412.029.md)
- [ORS § 412.034 412.034 Denial of aid when unemployed parent refuses employment](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C412_S412.034.md)
- [ORS § 412.039 412.039 Cooperation of department with Director of Employment Department and all available workforce services to find employment for parent](https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C412_S412.039.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T34_C412_S412.007. Check the current official text before relying on it. Not legal advice.
