Page 402

402 (07/2026) Chapter 2:Eligibility • Section 5: Financial eligibility • Self-employment income is counted only if received in the month of application. • If self-employment income counted in the month of application puts the applicant over the income limits for REFM, the income is calculated according to section (4) of this rule. Note: For SNAP, an individual may choose to not annualize their income. When they make this choice, their income may be averaged. However, peak and low business periods must be considered when doing this average. For example, an individual with a yard maintenance service earns more during the summer months. The summer months must be included in the average. (F) When determining the amount of countable (see OAR 461-001-0000) self-employment income, use gross receipts and sales, including mileage reimbursements, before costs. In the ERDC program, self-employment is treated in accordance with OAR 414-175-0035. Self-employment income is income resulting from an individual’s business, trade, or profession, rather than from a salary or wage paid by an employer. An individual is considered self-employed if the individual meets the criteria in sections (82) (b) or (c) of this rule. Except as noted in section (c) of section (82) when an individual has established a corporation, determine if the individual is self-employed according to section (b) of section 82. If the individual has more than one self-employment business, trade, or profession, the income from each is determined separately. (A) Except as provided ins section (35) of this rule, an individual is self-employed for the purposes of this division of rules if the individual meets the requirements of one or more of the below conditions: • Files taxes as self-employed for their business on their personal taxes. • Is considered an independent contractor by the business. • Meets all the following criteria: • Is not required by the business to complete an IRS W-4 form; • Is not required to pay federal income tax or FICA payments from their paycheck(s); • Liability or worker’s compensation insurance for the individual is not paid by the business; • Meets at least one of the following:

• Creates or provides the products or services they sell, or

• Sets the price for the products or services they sell; • Is responsible for the business expense and losses; and • Receives profits from the business. (B) Notwithstanding section (b) above: • Homecare Workers paid by ODHS are not self-employed. • Providers considered an employee of an Aging and People with Disabilities, Office of Developmental Disabilities Services, or Oregon Health Authority benefit recipient, such as Independent Choices