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394 (07/2026) Chapter 2:Eligibility • Section 5: Financial eligibility (b) For MSP and OSIPM, individuals not receiving long-term care or home and community-based services, exclude these payments. Any remaining veterans’ benefits are counted as unearned income unless excluded under another rule or another section of this rule. (c) For OSIPM, individuals receiving long-term care or home and community-based services, treat as follows: (A) Exclude the entire payment when determining financial eligibility. (B) Count the entire payment as unearned income when calculating patient liability. (C) If an individual receives a retroactive payment, they are required to repay ODHS the full amount of the payments received for costs and services already paid for by ODHS up to the amount of institutional and home- or community-based care provided to the participant during months covered by the payments. A participant’s failure to reimburse ODHS in this instance constitutes an overpayment of public assistance. Any unrecovered third-party resource or payment above the actual cost is counted as lump-sum or periodic income. Click here for instructions on how to calculate the amount that must be paid to ODHS. (d) For all other programs, except ERDC: (A) Exclude payments for services not covered by ODHS|OHA’s programs. (B) Reimbursements paid to the participant for costs and services already paid for by ODHS|OHA are third- party resources and should be recovered from the participant. Count any unrecovered third- party resource or payment above the actual cost as lump-sum or periodic income. Note: If an applicant/recipient’s Aid and Attendance income makes the total income over the 300 percent of SSI, an income cap trust is not needed. Exclude payments under 38 USC 1805 to biological children of Vietnam veterans who are born with spina bifida. Exclude payment under 38 USC 1815 to children with birth defects born to female Vietnam veterans. For OSIPM and MSP, exclude payments made as part of Veterans Administration vocational rehabilitation and Medal of Honor Pension payments. Treat educational benefits from the Veterans’ Administration according to the educational income policy. Housing stipends awarded as part of educational benefits are counted as unearned income for SNAP Note: Educational benefits from the VA include the Montgomery GI Bill (Chapter 30), Survivors and Dependents Educational Assistance (DEA) (Chapter 35), Selected Reserve Educational Assistance Program (Title 10, Chapter 1606), Reserve Educational Assistance Program (Chapter 1607), Active Duty Veterans Educational Assistance Program (VEAP) (Chapter 32) and VA Work Study. There are other types of VA educational assistance. Please email the appropriate policy box for how to handle the other types for different programs. For SNAP, count VA Vocational Rehabilitation maintenance payments for food, shelter and clothing as unearned income. Count the VA Chapter 31 subsistence allowance paid while the veteran with disabilities participates in training or a Vocational Rehabilitation plan as earned income. For all other programs, it is unearned income.