Treatment Of Specific Assets (United States)

Treatment Of Specific Assets

Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

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DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS

DIVISION 145
TREATMENT OF SPECIFIC ASSETS

461-145-0001
Adoption Assistance
(1) In all programs except ERDC and SNAP, adoption assistance (see OAR 461-001-0000) is treated as follows:
(a) The portion of adoption assistance that is for the special needs of the child is excluded, including needs such as special diet, special clothing, counseling, and medical costs not covered under Title XIX.
(b) The rest of the adoption assistance is counted as unearned income.
(2) In the ERDC program, adoption assistance is excluded.
(3) In the SNAP program, adoption assistance is counted as unearned income.
Stat. Auth.:ORS 411.060

Stats. Implemented: ORS 411.060 & 411.122

Hist.: AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 24-2001, f. & cert. ef. 11-1-01; SSP 16-2004(Temp), f. & cert. ef. 7-1-04 thru 9-30-04; SSP 22-2004, f. & cert. ef. 10-1-04; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
461-145-0005
Agent Orange Disability Benefits
(1) For all programs except GA and GAM:
(a) Benefits from the Agent Orange Settlement Fund made by Aetna Life and Casualty for settling Agent Orange disability claims are excluded.
(b) Payments made under the Agent Orange Act of 1991, and issued by the U.S. Treasury through the Department of Veterans' Affairs, are counted as unearned income.
(2) For GA and GAM, all Agent Orange payments are counted as lump-sum income (see OAR 461-140-0120).
Stat. Auth.: ORS 411.060, 411.070, 411.816, 418.100

Stats. Implemented: ORS 411.060, 411.070, 411.700, 411.816, 418.100

Hist.: AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
461-145-0008
Alaska Permanent Fund Dividend
(1) The Alaska Permanent Fund Dividend is issued annually to eligible Alaskan residents who apply for the payment. Out-of-state residents, except military personnel and students who claim Alaska as their residence, are not eligible unless they resided in Alaska and filed for the payment before leaving the state.
(2) Alaska Permanent Fund Dividend payments are counted as lump-sum income (see OAR 461-140-0120).
Stat. Auth.: ORS 411.060, 411.070, 411.816, 418.100

Stats. Implemented: ORS 411.060, 411.700, 411.816, 418.100

Hist.: AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
461-145-0010
Animals
(1) Animals that are kept as pets or
raised as food for the filing group (OAR 461-110-0310) are excluded.
(2) The treatment of an animal
considered income-producing property (see OAR 461-001-0000) is covered by the income-producing
property rules (see OAR 461-145-0250 and 461-145-0252).
(3) In the OSIP, OSIPM, and
QMB programs:
(a) The fair market value
(see OAR 461-001-0000) of animals that are kept or retained for sale or resale is
a countable (see OAR 461-001-0000) resource.
(b) If an animal is a source
of both food and income for the filing group:
(A) The fair market value
of the animal remains excluded.
(B) The proceeds of any sales
of the animal or its products are counted as unearned income.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.083, 411.404, 411.816, 412.049, 413.085, 414.685
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.083, 411.404, 411.706, 411.816, 412.049, 413.085,
414.685, 414.839
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 25-2015, f. 9-29-15,
cert. ef. 10-1-15
461-145-0020
Annuities; Not OSIPM
(1) For the purposes of this rule:
(a) "Actuarially sound" means a commercial annuity which pays principal and interest out in equal monthly installments over the actuarial life expectancy of the annuitant. For purposes of this definition, the actuarial life expectancy is established by the Periodic Life Table of the Office of the Chief Actuary of the Social Security Administration, and, for transactions (including the purchase of an annuity) occurring on or after July 1, 2008, the payout period must be within three months of the actuarial life expectancy.
(b) For a client, an annuity does not include benefits that are set up and accrued in a regularly funded retirement account while an individual is working, whether maintained in the original account or used to purchase an annuity, if the Internal Revenue Service recognizes the account as dedicated to retirement or pension purposes. (The treatment of pension and retirement plans is covered in OAR 461-145-0380)
(c) The definition of "child" in OAR 461-001-0000 does not apply.
(d) "Child" means a biological or adoptive child who is:
(A) Under age 21; or
(B) Any age and meets the Social Security Administration criteria for blindness or disability.
(e) "Commercial annuities" mean contracts or agreements (not related to employment) by which an individual receives annuitized payments on an investment for a lifetime or specified number of years.
(2) An annuity is counted as a resource if:
(a) The annuity does not make regular payments for a lifetime or specified number of years; or
(b) The annuity does not qualify for exclusion as a resource under subsection (4)(c) of this rule.
(3) If an annuity is a countable resource under this rule, the cash value is equal to the amount of money used to establish the annuity, plus any additional payments used to fund the annuity, plus any earnings, minus any regular payments already received, minus any early withdrawals, and minus any surrender fees.
(4) Commercial annuities and payments from such annuities are counted as follows:
(a) In all programs except OSIP, OSIPM, and QMB, annuity payments are counted as unearned income to the payee.
(b) In the OSIP and QMB programs:
(A) For a client in a nonstandard living arrangement (see OAR 461-001-0000), if a client or the spouse of a client purchases or transfers an annuity prior to January 1, 2006, the transaction may be subject to the rules on asset transfers at OAR 461-140-0210 and following. For an annuity that is not disqualifying or for a client in a standard living arrangement (see OAR 461-001-0000), the annuity payments are counted as unearned income to the payee.
(B) If a client or the spouse of a client purchases an annuity on or after January 1, 2006, the annuity is counted as a resource unless it is excluded under paragraph (C) of this subsection.
(C) An annuity described in paragraph (B) of this subsection is excluded as a resource if the criteria in subparagraphs (i), (ii), and (iii) of this paragraph are met, except that if an unmarried client is the annuitant, the requirements of subparagraph (iv) of this paragraph must also be met and if a spouse of a client is the annuitant, the requirements of subparagraph (v) of this paragraph must also be met.
(i) The annuity is irrevocable.
(ii) The annuity must be actuarially sound.
(iii) The annuity is issued by a business that is licensed and approved to issue commercial annuities by the state in which the annuity is purchased.
(iv) If an unmarried client is the annuitant, the annuity must specify that upon the death of the client, the first remainder beneficiary is either of the following:
(I) The Department, for all funds remaining in the annuity up to the amount of medical benefits provided on behalf of the client.
(II) The child of the client, if the Department is the next remainder beneficiary (after this child), up to the amount of medical benefits provided on behalf of the client, in the event that the child does not survive the client.
(v) If a spouse of a client is the annuitant, the annuity must specify that, upon the death of the spouse of the client, the first remainder beneficiaries are either of the following:
(I) The client, in the event that the client survives the spouse; and the Department, in the event that the client does not survive the spouse, for all funds remaining in the annuity up to the amount of medical benefits provided on behalf of the client.
(II) A child of the spouse; and the client in the event that this child does not survive the spouse.
(D) If an annuity is excluded under paragraph (C) of this subsection, annuity payments are counted as unearned income to the payee.
(c) For OSIPM, see OAR 461-145-0022.
Stat. Auth.: ORS 411.060, 411.816, 412.049

Stats. Implemented: ORS 411.060, 411.816, 412.049

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 10-2002, f. & cert. ef. 7-1-02; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 17-2008, f. & cert. ef. 7-1-08
461-145-0022
Annuities; OSIPM
In the OSIPM program:
(1) For the purposes of this rule:
(a) "Actuarially sound" means a commercial annuity which pays principal and interest out in equal monthly installments over the actuarial life expectancy of the annuitant. For purposes of this definition, the actuarial life expectancy is established by the Periodic Life Table of the Office of the Chief Actuary of the Social Security Administration, and, for transactions (including the purchase of an annuity) occurring on or after July 1, 2008, the payout period must be within 12 months of the actuarial life expectancy.
(b) For a client, an annuity does not include benefits that are set up and accrued in a regularly funded retirement account while an individual is working, whether maintained in the original account or used to purchase an annuity, if the Internal Revenue Service recognizes the account as dedicated to retirement or pension purposes. (The treatment of pension and retirement plans is covered in OAR 461-145-0380.)
(c) The definition of "child" in OAR 461-001-0000 does not apply.
(d) "Child" means a biological or adoptive child who is:
(A) Under age 21; or
(B) Any age and meets the Social Security Administration criteria for blindness or disability.
(e) "Commercial annuity" means a contract or agreement (not related to employment) by which an individual receives annuitized payments on an investment for a lifetime or specified number of years.
(2) An annuity that does not make regular payments for a lifetime or specified number of years is a resource.
(3) When a client applies for medical benefits, both initially and at periodic redetermination (see OAR 461-115-0050 and 461-115-0430), the client must report any annuity owned by the client or a spouse of the client.
(4) By signing the application for assistance, a client and the spouse of a client agree that the Department, by virtue of providing medical assistance, becomes a remainder beneficiary as described in sections (8) and (10) of this rule, under any commercial annuity purchased on or after February 8, 2006, unless the annuity is included in the community spouse's resource allowance under OAR 461-160-0580(2)(c).
(5) If the Department is notified about a commercial annuity, the Department will notify the issuer of the annuity about the right of the Department as a preferred remainder beneficiary, as described in sections (8) and (10) of this rule, in the amount of medical assistance provided to the client.
(6) If a client or a spouse of a client purchases or transfers a commercial annuity prior to January 1, 2006, the following applies:
(a) If the client is in a nonstandard living arrangement (see OAR 461-001-0000), the transaction may be subject to the rules on asset transfers at OAR 461-140-0210 and following. For an annuity that is not disqualifying or the disqualification period has already been served, the annuity payments are counted as unearned income to the payee.
(b) If the client is in a standard living arrangement, the annuity payments are counted as unearned income to the payee.
(7) Sections 8 and 9 of this rule apply to a commercial annuity if:
(a) The client is in a nonstandard living arrangement, and the client or the spouse of the client purchases an annuity from January 1, 2006 through June 30, 2006; or
(b) The client is in a standard living arrangement (see OAR 461-001-0000), and the client or the spouse of a client purchase an annuity on or after January 1, 2006.
(8) A commercial annuity covered by section (7) of this rule is counted as a resource unless the annuity is excluded by meeting the following requirements:
(a) If an unmarried client is an annuitant, the annuity must meet the requirements of subsection (8)(c) of this rule, and the annuity must specify that upon the death of the client, the first remainder beneficiary is either of the following:
(A) The Department, for all funds remaining in the annuity up to the amount of medical benefits provided on behalf of the client.
(B) The child of the client, if the Department is the next remainder beneficiary (after this child), up to the amount of medical benefits provided on behalf of the client, in the event that the child does not survive the client.
(b) If a spouse of a client is the annuitant, the annuity must meet the requirements of subsection (8)(c) of this rule, and the annuity must specify that, upon the death of the spouse of the client, the first remainder beneficiaries are either of the following:
(A) The client, in the event that the client survives the spouse; and the Department, in the event that the client does not survive the spouse, for all funds remaining in the annuity up to the amount of medical benefits provided on behalf of the client.
(B) A child of the spouse; and the client in the event that this child does not survive the spouse.
(c) An annuity covered by section (7) of this rule may not be excluded unless the annuity meets all of the following requirements:
(A) The annuity is irrevocable.
(B) The annuity must be actuarially sound.
(C) The annuity is issued by a business that is licensed and approved to issue a commercial annuity by the state in which the annuity is purchased.
(9) If an annuity is excluded as a resource under section (8) of this rule, the annuity payments are counted as unearned income to the payee. If an annuity is a countable resource under section (8) of this rule, the cash value is equal to the amount of money used to establish the annuity, plus any additional payments used to fund the annuity, plus any earnings, minus any regular monthly payments already received, minus early withdrawals, and minus any surrender fees.
(10) This section lists the requirements for a commercial annuity purchased by the client or the spouse of the client on or after July 1, 2006, when a client is in a nonstandard living arrangement, and the annuity names the client or the community spouse as the annuitant. Annuities that meet all of the requirements of this section are counted as unearned income to the payee. The treatment of annuities that do not meet all requirements of this section is covered in sections (11) and (12) of this rule.
(a) The annuity must comply with one of the following paragraphs:
(A) The first remainder beneficiary is the spouse of the client, and in the event that the spouse transfers any of the remainder of the annuity for less than fair market value (see OAR 461-001-0000), the Department is the second remainder beneficiary for up to the total amount of medical benefits paid on behalf of the client.
(B) The first remainder beneficiary is the annuitant's child, and in the event that the child or a representative on behalf of the child transfers any of the remainder of the annuity for less than fair market value, the Department is the second remainder beneficiary for up to the total amount of medical benefits paid on behalf of the client.
(C) The first remainder beneficiary is the Department for up to the total amount of medical benefits paid on behalf of the client.
(b) The annuity must be irrevocable and nonassignable.
(c) The annuity must be actuarially sound.
(d) The annuity is issued by a business that is licensed and approved to issue a commercial annuity by the state in which the annuity is purchased.
(11) If the client is the annuitant and a commercial annuity does not meet all of the requirements of section (10) of this rule, or the spouse of the client is the annuitant and a commercial annuity does not meet the requirements of subsection (10)(a) of this rule, there is a disqualifying transfer of assets under OAR 461-140-0210 and following. See OAR 461-140-0296(6) and (7) for calculation of the disqualification period.
(12) Regardless of whether a commercial annuity is a disqualifying transfer of assets, if the annuity does not meet all of the requirements of section (10) of this rule, the annuity is counted as a resource with cash value equal to the amount of money used to establish the annuity, plus any additional payments used to fund the annuity, plus any earnings, minus any regular monthly payments already received, minus early withdrawals, and minus any surrender fees.
Stat. Auth.: ORS 411.060, 411.070, 411.083 & 411.404

Stats. Implemented: ORS 411.060, 411.070, 411.083 & 411.404

Hist.: SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 17-2008, f. & cert. ef. 7-1-08; SSP 5-2010, f. & cert. ef. 4-1-10
461-145-0025
Approved Accounts; OSIP-EPD and OSIPM-EPD
(1) All money in an approved account (see OAR 461-001-0035) is excluded as a resource during the determination of eligibility.
(2) Only money from the client's own earned income, or money contributed from an employer based on earnings, may be deposited into an approved account.
(3) A retirement-related approved account must be set up in a financial institution and must comply with IRS regulations.
(4) An asset purchased with money from an approved account is excluded if the asset is for an employment and independence expense (see OAR 461-001-0035).
(5) If money from the approved account is used for a purpose not consistent with the definition of approved account in OAR 461-001-0035, the client will be prohibited from utilizing an approved account for the next 12 months for the purposes of the determination of eligibility.
Stat. Auth.: ORS 411.060, 411.070 & 414.042

Stats. Implemented: ORS 411.060, 411.070 & 414.042

Hist.: AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99; AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99; SSP 17-2003, f. & cert. ef. 7-1-03; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
461-145-0030
Bank Account
(1) As used in this rule, a bank account includes a money market account and an account in a financial institution (see OAR 461-001-0000), except that accounts in financial institutions for stocks, bonds, and certificates of deposit (CDs) are covered in OAR 461-145-0520.
(2) Money in a bank account available to one or more members of the financial group (see OAR 461-110-0530) is counted as a resource in accordance with OAR 461-140-0020, unless it is excluded under this rule or another rule in this chapter of rules.
(3) In each of the following situations, money in a bank account is excluded as a resource:
(a) An approved account if excluded under OAR 461-145-0025.
(b) A burial fund if excluded under OAR 461-145-0040.
(c) A designated bank account for an OSIP-IC and OSIPM-IC client if:
(A) The account is designated to receive program benefits by direct deposit through electronic funds transfer; and
(B) The benefit funds are not commingled with other assets of the client.
(d) Funds from excluded income if excluded as a resource under OAR 461-140-0070.
(e) An Individual Education Account if excluded under OAR 461-145-0145.
(f) Money for a plan for self-support if excluded under OAR 461-145-0405.
(g) Proceeds from the sale of a home if excluded as a resource under OAR 461-145-0460.
(4) In the OSIP, OSIPM, and QMB programs, interest and dividends earned on funds in a bank account are excluded as income.
(5) In all programs except the OSIP, OSIPM, and QMB programs, interest and dividends earned on funds in a bank account are counted as unearned income, unless the account is excluded as a resource under section (3) of this rule or under another rule in this chapter of rules.
Stat. Auth.: ORS 411.060, 411.070, 411.816, 414.042, 418.100

Stats. Implemented: ORS 411.060, 411.070, 411.700, 411.816, 414.042, 418.100

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
461-145-0040
Burial Arrangements and Burial Fund
(1) The following definitions apply
to this rule:
(a) A burial arrangement
is an agreement with an entity — such as a funeral agreement (which means
an arrangement made with a licensed funeral provider), burial insurance, or a burial
trust designating a funeral director as the beneficiary that makes allowance for
burial costs. A burial arrangement does not include a burial space, which is covered
in OAR 461-145-0050, or a burial fund.
(b) A burial fund is an identifiable
fund set aside for a client's burial costs. A burial fund does not include a burial
space, which is covered in OAR 461-145-0050, or a burial arrangement.
(2) Except as provided in
subsection (e) of this section, a burial arrangement is treated as follows:
(a) In the ERDC, REF, REFM,
SNAP, and TANF programs, the equity value (defined in OAR 461-001-0000) of one prepaid
burial arrangement for each member of the filing group is excluded.
(b) For grandfathered OSIP
and OSIPM clients (see OAR 461-125-0330(2), 461-125-0370(1)(b), and 461-135-0771),
up to $1,000 in combined equity value of each burial arrangement with a licensed
funeral director (plus accrued interest) and life insurance policies are excluded.
The amount of combined cash and equity value of all life insurance and burial arrangements
that is over $1,000 is counted as a resource.
(c) In the GA, GAM, OSIP,
OSIPM, and QMB programs, the amount in an irrevocable burial trust or any other
irrevocable arrangement to cover burial costs is excluded.
(d) In all programs not listed
in subsection (a) of this section and for OSIP and OSIPM clients not covered by
subsection (b) of this section, a burial arrangement is treated in the manner as
the program treats a burial fund under section (3) of this rule.
(e) Burial insurance that
has cash surrender value is considered life insurance and is treated in accordance
with OAR 461-145-0320 and, as applicable, subsection (b) of this section.
(3) A burial fund is treated
as follows:
(a) In the GA, GAM, OSIP,
OSIPM, and QMB programs:
(A) A burial fund may be
established only from financial means such as cash, burial contracts, bank accounts,
stocks, bonds or life insurance policies.
(B) A burial fund is counted
as a resource if it is commingled with assets unrelated to a burial. The amount
set aside for burial must be in a separate account to be excluded from resource
consideration.
(C) A burial fund may be
established if the countable resources of a client exceed allowable limits. A burial
fund is excluded from the resource calculation to the extent allowed in paragraph
(D) of this subsection.
(D) The following calculation
determines the exclusion for a burial fund:
(i) Up to $1,500 of a burial
fund may be excluded from resources for each of the following:
(I) The client.
(II) The client's spouse.
(ii) The amount in subparagraph
(i) of this paragraph is reduced by the total of the following amounts:
(I) The face value of life
insurance policies owned by the client that have already been excluded from resources.
(II) The amount in an irrevocable
burial trust or any other irrevocable arrangement to cover burial costs.
(E) All interest earned on
an excluded burial fund or increases in the value of an excluded burial arrangement
if left in the fund is excluded from income.
(b) In all programs not listed
in subsection (a) of this section, a burial fund is counted as a resource.
(4) There is no overpayment
for the time period during which the burial arrangement or burial fund existed if
a client:
(a) Cancels an excluded burial
arrangement; or
(b) Uses an excluded burial
fund for any purpose other than burial costs.
(5) If an asset originally
used as a burial arrangement or burial fund is converted to other uses, the asset
is treated under the other applicable rules.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.404, 411.706, 411.816, 412.049
Stats. Implemented: ORS 409.050,
411.060, 411.070, 411.404, 411.706, 411.816, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 12-1991(Temp), f. & cert. ef. 7-1-91; AFS 16-1991, f.
8-27-91, cert. ef. 9-1-91; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 28-1992,
f. & cert. ef. 10-1-92; AFS 6-1994, f. & cert. ef. 4-1-94; AFS 21-1995,
f. 9-20-95, cert. ef. 10-1-95; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 9-1997,
f. & cert. ef. 7-1-97; AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00; SSP 29-2003(Temp),
f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04; SSP 6-2004, f. & cert. ef. 4-1-04;
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07;
SSP 18-2010, f. & cert. ef. 7-1-10; SSP 30-2013(Temp), f. & cert. ef. 10-1-13
thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0050
Burial Space and Merchandise
(1) Burial spaces include conventional
grave sites, crypts, mausoleums, urns, and other repositories that are traditionally
used for the remains of deceased individuals. Burial spaces also include headstones
and the opening and closing of the grave.
(a) In the ERDC, REF, REFM,
SNAP, and TANF programs, the equity value (see OAR 461-001-0000) of one burial space
is excluded as a resource for each member of the financial group (see OAR 461-110-0530).
(b) In the GA, GAM, OSIP,
OSIPM, and QMB programs, the equity value of a burial space is excluded as a resource
if owned by the client and designated for the client, the spouse (see OAR 461-001-0000)
of the client, minor and adult children, siblings, parents, and the spouse of any
of these individuals.
(2) Burial merchandise includes,
but is not limited to, caskets, liners, burial vaults, markers, and foundations.
The equity value of burial merchandise is excluded as a resource if owned by the
client and designated for:
(a) In the ERDC, REF, REFM,
SNAP, and TANF programs, a member of the financial group.
(b) In the GA, GAM, OSIP,
OSIPM, and QMB programs, the client, the spouse of the client, minor and adult children,
siblings, parents, and the spouse of any of these individuals.
Stat. Auth.: ORS 411.060, 411.404, 411.816
& 412.014
Stats. Implemented: ORS 411.060,
411.404, 411.816 & 412.014
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 13-1991, f. &
cert. ef. 7-1-91; AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 42-1996, f. 12-31-96,
cert. ef. 1-1-97; SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04;
SSP 6-2004, f. & cert. ef. 4-1-04; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07;
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13,
cert. ef. 1-1-14; SSP 11-2015, f. 3-13-15, cert. ef. 4-1-15
461-145-0060
Cash
(1) In the month of receipt, cash is counted as income unless the cash qualifies as excluded income under another rule in Chapter 461.
(2) After the month of receipt, cash (including cash on hand, cash in a safety deposit box, and cash held by others) is counted as a resource, unless the cash qualifies as an excluded resource under another rule in Chapter 461.
(3) Foreign currency that can be converted to U.S. currency is treated in the same manner as cash under this rule. The value of foreign currency is its value in U.S. currency, determined by the current exchange rate.
(4) The treatment of a check is based on the source of the funds.
Stat. Auth.: ORS 411.060, 411.070, 411.816, 414.042, 418.100

Stats. Implemented: ORS 411.060, 411.070, 411.700, 411.816, 414.042, 418.100

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
461-145-0080
Child Support and Cash Medical Support
(1) Child support and cash medical support
paid by a non-custodial parent for a dependent child (see OAR 461-001-0000) or minor
parent (see OAR 461-001-0000) in the financial group (see OAR 461-110-0530) are
considered income of the dependent child or minor parent, whether the support is
paid voluntarily or in accordance with an order to pay child support.
(2) For the purposes of this
rule:
(a) "Disregard" means child
support, up to $50 per dependent child or minor parent per financial group per month
and not to exceed $200 per financial group per month, that is not counted as income
of the client. "Disregard" includes current child support only.
(b) "Pass-through" means
child support, up to $50 per dependent child or minor parent per financial group
per month and not to exceed $200 per financial group per month, that is sent to
the client before any remaining amount of current child support is withheld by the
State. "Pass-through" includes current child support only.
(3) In the ERDC program,
child support is considered countable (see OAR 461-001-0000) unearned income if
it is received by the financial group or is countable under OAR 461-145-0280. Otherwise
it is excluded.
(4) In the SNAP program,
child support and cash medical support are treated as follows:
(a) Child support payments
the group receives that must be assigned to the Department to maintain TANF eligibility
are excluded, even if the group fails to turn the payments over to the Department.
(b) Child support payments
received by a filing group (see OAR 461-110-0370) with at least one member working
under a TANF JOBS Plus agreement are excluded, except:
(A) It is considered countable
unearned income in the calculation of the wage supplement; and
(B) Any pass-through pursuant
to section (2) of this rule is considered countable unearned income.
(c) All other child support,
including any pass-through pursuant to section (2) of this rule, is considered countable
unearned income.
(d) Cash medical support
is considered countable unearned income except to the extent it is used to reimburse
(see OAR 461-145-0440) an actual medical cost.
(e) Payments made by a non-custodial
parent to a third party for the benefit of the financial group are treated in accordance
with OAR 461-145-0280.
(5) Except as provided otherwise
in section (8) of this rule for the TANF program, in the REF, REFM, and TANF programs:
(a) In determining initial
eligibility, except for disregard pursuant to section (2) of this rule, child support
received by the Oregon Department of Justice, Division of Child Support (DCS) is
considered countable unearned income, if continued receipt of the child support
is reasonably anticipated. These payments are excluded when determining the benefit
amount.
(b) In determining on-going
eligibility, except for clients working under a TANF JOBS Plus agreement and except
for child support passed through to the client and disregarded pursuant to section
(2) of this rule, child support received by the DCS is considered countable unearned
income, if continued receipt of the child support is reasonably anticipated. These
payments are excluded when determining the benefit amount.
(c) For clients working under
a TANF JOBS Plus agreement:
(A) Child support is excluded
in determining countable income.
(B) Child support is excluded
when calculating the TANF portion of the benefit equivalency standards.
(C) All child support paid
directly to the client is considered countable unearned income in the calculation
of the wage supplement.
(d) All other child support
payments:
(A) Paid directly to the
financial group that are turned over to the Department or to the DCS are considered
countable unearned income except for any amount of pass-through and disregard pursuant
to section (2) of this rule.
(B) Paid directly to the
financial group that are not turned over to the Department or to the DCS are considered
countable unearned income.
(C) Paid to a third party
for the benefit of the financial group are considered countable unearned income.
This includes but is not limited to payments made by a non-custodial parent to a
third party for rent, mortgage, utilities, or child care.
(e) Cash medical support
is excluded in determining countable income.
(6) In the OSIP, OSIPM, and
QMB programs, all child support and cash medical support paid to the financial group
are considered countable unearned income. Child support and cash medical support
paid by the financial group are not deductible from income.
(7) In the SFPSS program,
notwithstanding section (5) of this rule, for on-going eligibility and benefit determination:
(a) Except for disregard
pursuant to section (2) of this rule, child support is considered countable unearned
income.
(b) Cash medical support
is excluded in determining countable income.
(c) Payments made by a non-custodial
parent to a third party for the benefit of the financial group are considered countable
unearned income. This includes but is not limited to payments made by a non-custodial
parent to a third-party for rent, mortgage, utilities, or child care.
(8) For on-going eligibility
and benefit determination for TANF clients in a two-parent household:
(a) Except for disregard
pursuant to section (2) of this rule, child support is considered countable unearned
income.
(b) Cash medical support
is excluded in determining countable income.
(c) Payments made by a non-custodial
parent to a third party for the benefit of the financial group are considered countable
unearned income. This includes but is not limited to payments made by a non-custodial
parent to a third party for rent, mortgage, utilities, or child care.
(d) For a filing group (see
OAR 461-110-0330) with at least one member working under a TANF JOBS Plus agreement:
(A) Child support is excluded
in determining countable income.
(B) Child support is excluded
when calculating the TANF portion of the benefit equivalency standards.
(C) All child support paid
directly to the client is considered countable unearned income in the calculation
of the wage supplement.
Stat. Auth.: ORS 411.060, 411.070, 411.404,
411.816, 412.009, 412.014, 412.049
Stats. Implemented: ORS 411.060,
411.070, 411.404, 411.816, 412.009, 412.014, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 30-1990, f. 12-31-90,
cert. ef. 1-1-91; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 8-1992, f. &
cert. ef. 4-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 19-1993, f. &
cert. ef. 10-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 23-1994, f. 9-29-94,
cert. ef. 10-1-94; AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95; AFS 10-1995, f. 3-30-95,
cert. ef. 4-1-95; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 3-2000, f. 1-31-00,
cert. ef. 2-1-00; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; SSP 7-2003, f. &
cert. ef. 4-1-03; SSP 16-2003, f. & cert. ef. 7-1-03; SSP 14-2005, f. 9-30-05,
cert. ef. 10-1-05; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 11-2007(Temp), f.
& cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08;
SSP 7-2008(Temp), f. & cert. ef. 3-21-08 thru 9-17-08; SSP 17-2008, f. &
cert. ef. 7-1-08; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 12-2009(Temp), f.
6-23-09, cert. ef. 7-1-09 thru 12-28-09; SSP 28-2009, f. & cert. ef. 10-1-09;
SSP 29-2011(Temp), f. & cert. ef. 10-5-11 thru 4-2-12; SSP 9-2012, f. 3-29-12,
cert. ef. 4-1-12; SSP 24-2012(Temp), f. 6-29-12, cert. ef. 7-1-12 thru 12-28-12;
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12; SSP 31-2012(Temp), f. 9-28-12, cert.
ef. 10-1-12 thru 12-28-12; SSP 36-2012, f. 12-28-12, cert. ef. 12-29-12; SSP 30-2013(Temp),
f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0086
Contributions
(1) Contributions are monies,
not considered gifts or winnings under OAR 461-145-0210, given voluntarily to a
member of a financial group (see OAR 461-110-0530) by someone who is not in the
group.
(2) In the SNAP program,
contributions are counted as unearned income, except that contributions from charitable
sources are excluded if all the following are true:
(a) The contribution is from
a private, nonprofit charitable organization.
(b) The contribution is based
on need.
(c) The contribution does
not exceed $300 per quarter.
(3) Except as provided in
section (2) of this rule, contributions are counted as unearned income.
(4) See OAR 461-145-0280
for the treatment of unearned in-kind income.
Stat. Auth.: ORS 411.060, 411.404, 411.816,
412.049
Stats. Implemented: ORS 411.060,
411.404, 411.700, 411.816, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 11-1999, f. & cert. ef. 10-1-99; SSP 19-2005, f. 12-30-05,
cert. ef. 1-1-06; Renumbered from 461-145-0070, SSP 4-2007, f. 3-30-07, cert. ef.
4-1-07; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013,
f. 12-31-13, cert. ef. 1-1-14
461-145-0088
Corporations and Business Entities;
Income and Resources; Not OSIP, OSIPM, or QMB
(1) The value of stocks or other ownership
interest in a corporation is a resource.
(2) Assets of the corporation
essential to the employment of an individual are excluded. For instance, if the
corporation owns equipment used by the individual to produce income for the corporation,
the equipment is an excluded resource. If an individual must own stock in the corporation
as a condition of working for the corporation, the stock is an excluded resource.
(3) Except as provided in
OAR 461-140-0040(2) and section (4) of this rule, income of a corporation is not
income of an individual with an ownership interest in the corporation until the
income is distributed to the individual.
(4) In the REF, REFM, and
SNAP programs:
(a) An expenditure by a business
entity or corporation that benefits a principal (see subsection (b) of this section)
-- such as a car or housing payment — is considered available when the expenditure
is made.
(b) For purposes of this
rule, a "principal" means an individual with significant authority in a business
entity or corporation, including a sole proprietor, a self-employed person (see
OAR 461-145-0910), a partner in a partnership, a member or manager of a limited
liability company, and an officer or principal stockholder of a closely held corporation.
(c) See OAR 461-145-0130,
461-145-0280, and 461-145-0470 for the treatment of earned in-kind income.
(5) In the SNAP program:
(a) Income from business
entities and corporations is treated as follows:
(A) If an individual is actively
working in a corporation, the income is treated as earned income.
(B) If an individual is actively
working in an unincorporated business entity, refer to OAR 461-145-0910 to determine
if the income is treated as earned or as self-employment.
(C) If an individual is no
longer actively working to produce the income, the income is treated as unearned.
(b) Income from a limited
liability company is treated as follows:
(A) If an individual is a
member or a manager member, the income is treated as self-employment income.
(B) If an individual is a
manager but not a member, the income is treated as earned income.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.816, 412.049
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.816, 412.049
Hist.: AFS 11-1999, f. &
cert. ef. 10-1-99; SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06; SSP 10-2007, f. &
cert. ef. 10-1-07; SSP 11-2015, f. 3-13-15, cert. ef. 4-1-15; SSP 25-2015, f. 9-29-15,
cert. ef. 10-1-15
461-145-0089
Corporations and Other Business
Entities; Income and Resources, Not Self-Employment; OSIP, OSIPM, QMB
(1) For purposes of this rule:
(a) "Business entity" includes
a sole proprietorship, a partnership, and an unincorporated limited liability company.
(b) "Principal" means an
individual with significant authority in and responsibility for the success or failure
of a corporation or "business entity" (see subsection (a) of this section), including:
(A) A sole proprietor.
(B) A general partner in
a partnership.
(C) A member or manager of
a limited liability company.
(D) An officer or stockholder
with controlling shares in a closely-held corporation.
(2) This rule applies to
an individual who has an ownership interest in:
(a) A corporation; or
(b) A business entity, but
is not considered self-employed (see OAR 461-145-0915).
(3) For an individual with
an ownership interest in and actively working for a corporation:
(a) The individual cannot
be considered self-employed, regardless of whether or not the individual is a principal
(see subsection (1)(b) of this rule). Income from actively working for the corporation
is treated as earned income as provided in OAR 461-145-0130.
(b) Dividends or profits
are treated as unearned income.
(c) Income not paid to an
individual but retained by the corporation is not considered income of the individual.
(d) Property and resources
owned by the corporation are excluded.
(e) If maintaining an ownership
interest in a corporation is required for employment, the equity value (see OAR
461-001-0000) of the ownership interest is excluded; otherwise it is counted as
provided in subsection (6)(a) of this rule.
(f) Except as provided in
OAR 461-145-0280, a non-business expenditure — including, but not limited
to, a car or housing payment — paid by the corporation that benefits the individual
is treated as earned income of the individual.
(4) If the individual has
an ownership interest in a business entity, is considered a principal, and is actively
working in the business entity, the individual is considered self-employed (see
OAR 461-145-0915).
(5) If the individual has
an ownership interest in a business entity, is not considered a principal, and is
actively working in the business entity:
(a) The individual’s
income, not including dividends or profits from the business entity, is treated
as earned income as provided in OAR 461-145-0130.
(b) Dividends or profits
are treated as unearned income.
(c) If maintaining an ownership
in the business entity is required for employment, the equity value of the ownership
interest is excluded; otherwise it is counted as provided in subsection (6)(a) of
this rule.
(d) Except as provided in
OAR 461-145-0280, a non-business expenditure — including, but not limited
to, a car or housing payment — paid by a business entity that benefits the
individual is treated as earned income of the individual.
(6) If the individual has
an ownership interest in a corporation or business entity, but is not actively working
in the corporation or business entity:
(a) Except as provided in
OAR 461-140-0020, the equity value of an ownership interest in a corporation or
business entity, such as stock in the corporation, is treated as a resource. See
OAR 461-145-0520 for how to treat stock.
(b) Except as provided in
OAR 461-140-0040, income of the individual from a corporation or business entity
is treated as unearned income of the individual.
(c) Except as provided for
in OAR 461-145-0280, a non-business expenditure — including, but not limited
to, a car or housing payment — paid by a corporation or business entity that
benefits the individual is treated as unearned income of the individual.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.083, 411.404, 411.706, 413.085, 414.685
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.083, 411.404, 411.706, 413.085, 414.685, 414.839
Hist.: SSP 25-2015, f. 9-29-15,
cert. ef. 10-1-15
461-145-0090
Disability Benefit
(1) This rule covers public and private
disability benefits, except the following:
(a) Agent Orange disability
benefits (covered in OAR 461-145-0005).
(b) Radiation Exposure Compensation
Act payments (covered in OAR 461-145-0415).
(c) Social security based
on disability or SSI (covered in OAR 461-145-0490 and 461-145-0510).
(d) Veterans benefits (covered
in OAR 461-145-0580).
(e) Workers compensation
(covered in OAR 461-145-0590).
(2) For each disability payment
covered under this rule:
(a) If received monthly or
more frequently:
(A) In the ERDC, REF, REFM,
SNAP, and TANF programs, income from employer-sponsored disability insurance is
counted as earned income (see OAR 461-145-0130) if paid to a client who is still
employed while recuperating from an illness or injury.
(B) In the OSIP, OSIPM, and
QMB programs, income from employer-paid disability insurance is counted as earned
income if received within six full calendar months after stopping work.
(C) Except as provided in
paragraphs (A) and (B) of this subsection, the payment is counted as unearned income.
(b) All payments other than
those in subsection (a) of this section are counted as periodic or lump-sum income
(see OAR 461-140-0110 and 461-140-0120).
Stat. Auth.: ORS 411.060, 411.816, 412.049
Stats. Implemented: ORS 411.060,
411.700, 411.816, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; SSP 14-2006, f. 9-29-06,
cert. ef. 10-1-06; SSP 17-2008, f. & cert. ef. 7-1-08; SSP 30-2013(Temp), f.
& cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0100
Disaster Relief
(1) As used in this rule:
(a) A major disaster is any natural catastrophe such as a hurricane or drought, or, regardless of cause, any fire, flood or explosion, which the President determines causes damage of sufficient severity and magnitude.
(b) An emergency is any occasion or instance for which the President determines that Federal assistance is needed to supplant State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe.
(c) Disaster Unemployment Assistance is emergency assistance authorized under P.L. 100-107 and received by individuals who are unemployed as a result of a major disaster. Individuals receiving Disaster Unemployment Assistance are not eligible for other unemployment compensation and cannot receive both at the same time. Payments are limited to 26 weeks.
(2) Except as otherwise stated in sections (4) to (8) of this rule and at OAR 461-140-0070, payments described in section (3) of this rule are not counted as income or resources when determining eligibility for or benefit levels.
(3) This rule applies to each of the following payments if precipitated by an emergency or major disaster:
(a) Payments received under the Disaster Relief Act of 1974 (P.L. 93-288, section 312(d)) as amended by the Disaster Relief and Emergency Assistance Amendments of 1988 (P.L. 100-707, Section 105(i)).
(b) Disaster assistance comparable to subsection (a) of this section provided by States, local governments, and disaster assistance organizations.
(c) Payments from the Federal Emergency Management Agency (FEMA).
(d) Individual and Family Grant Assistance program (IFG).
(e) Grants or loans by the Small Business Administration (SBA).
(f) Voluntary disaster assistance organizations, such as the Red Cross.
(g) Private insurance payments for losses due to a major disaster such as flood, wind, land movement.
(4) Government payments designated for the restoration of a home damaged in a disaster are excluded as income or resources in the month of receipt and as a resource in subsequent months, if the household is subject to a legal sanction if the funds are not used as intended.
(5) Each payment made to farmers under the Disaster Assistance Act of 1988 (P.L. 100-387) for crop losses or failure in a disaster is excluded.
(6) Income received from public and private organizations by individuals working in disaster relief efforts and funded under a National Emergency Grant by WIA title 1 (P.L. 105-220) is excluded. An individual is eligible under this funding source if he or she is a dislocated worker, a long-term unemployed individual, or is temporarily or permanently laid off as a consequence of the disaster. Eligibility under this funding source is limited to a period of up to six months per disaster.
(7) Disaster Unemployment Assistance is excluded as both income and a resource.
(8) Payments for flood mitigation received by a homeowner under the National Flood Insurance Act of 1968 as amended by P.L. 109-64, are not counted as income or resources.
Stat. Auth.: ORS 411.060, 411.816, 418.100

Stats. Implemented: ORS 411.060, 411.700, 411.816, 418.100

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 13-1991, f. & cert. ef. 7-1-91; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
461-145-0105
Disqualifying Income; SNAP
(1) "TANF disqualifying income" is the portion of a TANF grant lost because of a reason listed in section (2) of this rule. It is determined by finding the difference between the TANF cash payment prior to imposition of the reduction and the payment due after the reduction described in section (2) is imposed. The incentive payment authorized by OAR 461-135-0210 is not included in the calculation.
(2) A reduction to a TANF cash payment for any of the following reasons results in TANF disqualifying income:
(a) A failure to pursue assets as required by OAR 461-120-0330;
(b) A failure to help the Department obtain child support from a non-custodial parent as required by OAR 461-120-0340;
(c) A failure to obtain medical coverage as required by OAR 461-120-0345;
(d) A failure to comply with requirements of the employment programs (see OAR 461-130-0330);
(e) A failure to seek treatment for substance abuse or mental health evaluation and treatment under OAR 461-135-0085;
(f) An IPV penalty imposed under OAR 461-195-0621;
(g) Repayment of a client error (see OAR 461-195-0501) overpayment in the TANF program other than the repayment of an overpayment resulting from continuing benefits because of a hearing request;
(h) Repayment of an overpayment in the TANF program that results from an intentional program violation (see OAR 461-195-0601).
(3) Eligibility for and the level of SNAP benefits are determined as if the client is receiving the TANF disqualifying income until:
(a) The TANF penalty is removed;
(b) The household becomes ineligible for TANF for a reason not included in section (2) of this rule;
(c) The overpayment is repaid; or
(d) The TANF cash or MAA case has been closed for at least 12 months.
Stat. Auth.: ORS 411.816

Stats. Implemented: ORS 411.816

Hist.: SSP 17-2004, f. & cert. ef. 7-1-04; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07
461-145-0108
Dividends, Interest and Royalties
(1) In the OSIP, OSIPM, and QMB programs, dividends and interest income is treated as unearned income except as follows:
(a) Interest income and dividends earned on funds in a bank account are excluded as income (see OAR 461-145-0030).
(b) Interest income and dividends from a trust described in OAR 461-145-0540(9) are excluded.
(2) In all programs except the OSIP, OSIPM, and QMB programs:
(a) Dividends are counted as unearned income.
(b) Interest income is counted as unearned income.
(3) Royalties are counted as unearned income, except that royalties are counted as earned income if the client is actively engaged in the activity from which the royalties are accrued.
Stat. Auth.: ORS 411.060, 411.070, 411.816, 414.042, 418.100

Stats. Implemented: ORS 411.060, 411.070, 411.816, 414.042, 418.100

Hist.: SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08
461-145-0110
Domestic Volunteer Services Act (VISTA, RSVP, SCORE, ACE)
In all Department programs covered by
Chapter 461 of the Oregon Administrative Rules, with respect to federal programs
under the Domestic Volunteers Service Act of 1973 (Pub. L. No. 93 113):
(1) Payments under Title
I — VISTA, University Year of Action, and Urban Crime Prevention — are
treated as follows:
(a) In the ERDC, REF, REFM,
and TANF programs, these payments are excluded, except that these payments are counted
as earned income if the total value of all compensation is equal to or greater than
compensation at the state minimum wage.
(b) In the GA and GAM programs,
payments are counted as unearned income.
(c) In all programs except
the ERDC, GA, GAM, REF, REFM, and TANF programs:
(A) The payments are excluded
if the client is receiving Department program benefits when they join the Title
I program. The exclusion of payments continues until the client has a break in receiving
Department benefits of more than one month.
(B) The payments are counted
as earned income for clients who joined the Title I program before applying for
Department program benefits.
(2) Payments are excluded
for programs under Title II (National Older Americans Volunteer Programs), which
include:
(a) Retired Senior Volunteer
Program (RSVP) Title II, Section 201.
(b) Foster Grandparent Program
Title II, Section 211.
(c) Older American Community
programs.
(d) Senior Companion Program.
(3) Payments are excluded
for programs under Title III (National Volunteer Programs to Assist Small Businesses
and Promote Volunteer Service by Persons with Business Experience), which include:
(a) Service Corps of Retired
Executives (SCORE) Title III, Section 302.
(b) Active Corps of Executives
(ACE) Title III, Section 302.
Stat. Auth.: ORS 411.060, 411.070, 411.700,
411.816, 414.042, 412.049
Stats. Implemented: ORS 411.060,
411.070, 411.700, 411.816, 414.042, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 29-1994, f. 12-29-94,
cert. ef. 1-1-95; AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00; SSP 19-2005, f. 12-30-05,
cert. ef. 1-1-06; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 30-2013(Temp), f.
& cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0120
Earned Income; Defined
Earned income is income received in
exchange for an individual's physical or mental labor. Earned income includes all
of the following:
(1) Compensation for services
performed, including wages, salaries, commissions, tips, sick leave, vacation pay,
draws, or the sale of blood or plasma.
(2) Income from on-the-job-training,
paid job experience, JOBS Plus work experience, or Welfare-to-Work work experience.
(3) In-kind income, when
an individual is an employee of the person providing the in-kind income and the
income is in exchange for work performed by the individual, or when received as
compensation from self-employment.
(4) For self-employment,
gross receipts and sales, including mileage reimbursements, before costs.
(5) In:
(a) The SNAP program, cafeteria
plan (see OAR 461-001-0000) benefits, and funds placed in a flexible spending account.
(b) All programs except the
SNAP program, cafeteria plan benefits that an employee takes as cash, and funds
placed in a flexible spending account.
(6) Income from work-study.
(7) Income from profit sharing
that the individual receives monthly or periodically.
(8) The fee for acting as
an individual's representative payee, when that individual is not included in the
filing group (see OAR 461-110-0310).
(9) In the SNAP program,
expenditure by a business entity that substantially benefits a principal (see OAR
461-145-0088).
(10) In the OSIP, OSIPM,
and QMB programs, except as provided in OAR 461-145-0280, a non-business expenditure
— including, but not limited to, a personal car or housing payment —
paid by an individual's corporation or business entity (see OAR 461-145-0089) that
benefits the individual.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.404, 411.706, 411.816, 412.049, 413.085, 414.685
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.049, 413.085, 414.685,
414.839
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 28-1992, f. &
cert. ef. 10-1-92; AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94; AFS 10-1995, f. 3-30-95,
cert. ef. 4-1-95; AFS 11-1999, f. & cert. ef. 10-1-99; AFS 10-2002, f. &
cert. ef. 7-1-02; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 23-2003, f. &
cert. ef. 10-1-03; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 14-2006, f. 9-29-06,
cert. ef. 10-1-06; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 10-2007, f. &
cert. ef. 10-1-07; SSP 8-2008, f. & cert. ef. 4-1-08; SSP 30-2013(Temp), f.
& cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14;
SSP 12-2015, f. 3-16-15, cert. ef. 4-1-15; SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
461-145-0130
Earned Income; Treatment
(1) Earned income (see OAR 461-145-0120)
is countable (see OAR 461-001-0000) in determining eligibility (see OAR 461-001-0000)
for programs, subject to the provisions in sections (2) to (10) of this rule.
(2) JOBS Plus income is earned
income and is treated as follows:
(a) In the SNAP program:
(A) JOBS Plus income earned
by a TANF-PLS (see OAR 461-101-0010(12)(a)) client:
(i) Is counted in determining
initial SNAP program eligibility.
(ii) Is excluded in determining
ongoing eligibility.
(B) JOBS Plus wages received
after the individual's last month of work under a TANF-PLS JOBS Plus agreement are
counted.
(b) In the TANF program:
(A) JOBS Plus income earned
by an NCP-PLS (see OAR 461-101-0010(12)(c)) client is counted in determining initial
TANF eligibility.
(B) When determining the
need for a TANF supplement for a TANF-PLS client, the income is treated as follows:
(i) It is excluded in determining
the countable income limit and in calculating the benefit equivalency standards.
(ii) It is counted in calculating
the wage supplement.
(C) JOBS Plus wages received
after the individual's last month of work under a JOBS Plus agreement are counted.
(c) In the OSIPM and QMB
programs, JOBS Plus wages received after the individual's last month of work under
a TANF-PLS JOBS Plus agreement are counted.
(d) In all programs not covered
under subsections (a) to (c) of this section, TANF-PLS income is counted as earned
income.
(e) In all programs other
than the TANF program, NCP-PLS income is counted as earned income.
(f) In all programs, wages
received under the Tribal TANF JOBS programs are counted as earned income.
(3) Welfare-to-Work work
experience income is treated as follows:
(a) In the REF, REFM, and
TANF programs, the income is earned income, and the first $260 is excluded each
month.
(b) In the SNAP program,
the income is earned income.
(4) In the ERDC program,
earned income of a child (see OAR 461-001-0000) is excluded.
(5) In the OSIP, OSIPM, and
QMB programs:
(a) Documented net losses
from a self-employment business (see OAR 461-150-0095) are excluded from any other
source of earned income of the financial group (see OAR 461-110-0530).
(b) The income a principal
(see OAR 461-145-0089) earns working for a corporation is countable as earned income.
(6) In the REF and REFM programs:
(a) Income remaining after
the month of receipt is a resource.
(b) Earned in-kind income
is excluded (see OAR 461-145-0280 and 461-145-0470).
(7) In the TANF program:
(a) Earned income of the
following children is excluded:
(A) Dependent children under
the age of 19 years, and minor parents under the age of 18 years, who are full-time
students in grade 12 or below (or the equivalent level of vocational training, in
GED courses), or in home schooling approved by the local school district.
(B) Dependent children under
the age of 18 years who are attending school part-time (as defined by the institution)
and are not employed full-time.
(C) Dependent children too
young to be in school.
(b) Income remaining after
the month of receipt is a resource.
(c) Earned in-kind income
is excluded (see OAR 461-145-0280 and 461-145-0470).
(8) In the SNAP program:
(a) If a cafeteria plan (see
OAR 461-001-0000) benefit that the employee may not elect to receive as a cash payment
is designated and used to pay for child care, medical care, or health insurance,
the benefit is excluded unless it is reimbursed by the Department. If reimbursed,
the Department counts it as earned income.
(b) The following types of
income are excluded:
(A) The earned income of
an individual under the age of 18 years who is under the parental control of another
member of the household and is:
(i) Attending elementary
or high school;
(ii) Attending GED classes
recognized by the local school district;
(iii) Completing home-school
elementary or high school classes recognized by the local school district; or
(iv) Too young to attend
elementary school.
(B) Earned in-kind income,
except as provided in section (9) of this rule.
(C) Deductions from base
pay for future educational costs under Pub. L. No. 99-576, 100 Stat. 3248 (1986),
for an individual on active military duty.
(D) Income remaining after
the month of receipt is a resource.
(9) In the SNAP program,
earned in-kind income (see OAR 461-145-0280) is excluded unless it is an expenditure
by a business entity that benefits a principal (see OAR 461-145-0088).
(10) In all programs except
in the OSIPM program, for an individual in a nonstandard living arrangement (see
OAR 461-001-0000), the income of a temporary employee of the U.S. Census Bureau
employed to assist in taking the census is excluded.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.083, 411.404, 411.706, 411.816, 411.892, 412.014, 412.049, 413.085, 414.685
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.083, 411.404, 411.706, 411.816, 411.892, 412.014,
412.049, 413.085, 414.685, 414.839
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 9-1990, f. & cert. ef. 3-2-90; AFS 13-1991, f. & cert.
ef. 7-1-91; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 17-1992, f. & cert. ef.
7-1-92; AFS 28-1992, f. & cert. ef. 10-1-92; AFS 1-1993, f. & cert. ef.
2-1-93; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 2-1994, f. & cert. ef.
2-1-94; AFS 19-1994, f. & cert. ef. 9-1-94; AFS 23-1994, f. 9-29-94, cert. ef.
10-1-94; AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95; AFS 22-1995, f. 9-20-95, cert.
ef. 10-1-95; AFS 17-1996, f. 4-29-96, cert. ef. 5-1-96; AFS 27-1996, f. 6-27-96,
cert. ef. 7-1-96; AFS 32-1996(Temp), f. & cert. ef. 9-23-96; AFS 42-1996, f.
12-31-96, cert. ef. 1-1-97; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 10-1998,
f. 6-29-98, cert. ef. 7-1-98; AFS 11-1999, f. & cert. ef. 10-1-99; AFS 3-2000,
f. 1-31-00, cert. ef. 2-1-00; AFS 7-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru
9-1-00; AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00; AFS 12-2001, f. 6-29-01, cert.
ef. 7-1-01; AFS 17-2001(Temp), f. 8-31-01, cert. ef. 9-1-01 thru 9-30-01; AFS 22-2001,
f. & cert. ef. 10-1-01; SSP 7-2003, f. & cert. ef. 4-1-03; SSP 23-2003,
f. & cert. ef. 10-1-03; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 15-2006,
f. 12-29-06, cert. ef. 1-1-07; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 10-2007,
f. & cert. ef. 10-1-07; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 31-2009(Temp),
f. & cert. ef. 10-1-09 thru 3-30-10; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10;
SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SSP 5-2010, f. &
cert. ef. 4-1-10; SSP 14-2010(Temp), f. & cert. ef. 5-19-10 thru 11-15-10; SSP
32-2010, f. & cert. ef. 10-1-10; SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12;
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13,
cert. ef. 1-1-14; SSP 11-2015, f. 3-13-15, cert. ef. 4-1-15; SSP 25-2015, f. 9-29-15,
cert. ef. 10-1-15
461-145-0140
Earned Income Tax Credit (EITC) and Making Work Pay (MWP) Tax Credit
(1) There are
federal and state earned income tax credit (EITC) programs for low-income families.
(a) An
EITC may be received in one of two ways:
(A) As
one annual payment received at the time of the normal income tax returns.
(B) As
an advance in the employee's paycheck.
(b) The
EITC is excluded from assets (see OAR 461-001-0000).
(2) The
American Recovery and Reinvestment Act (ARRA) of 2009 created the Making Work Pay
(MWP) tax credit. This credit applies to tax years 2009 and 2010. An MWP tax credit
is received as one annual payment at the time of the normal income tax returns.
An MWP tax credit received as a portion of an individual's federal tax return is
excluded from assets.
Stat. Auth.:
ORS 411.060, 411.404, 411.706, 411.816, 412.049, 414.231

Stats.
Implemented: ORS 411.060, 411.083, 411.404, 411.706, 411.816, 412.049, 414.231

Hist.:
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 30-1990, f. 12-31-90, cert. ef.
1-1-91; AFS 6-1991(Temp), f. & cert. ef. 2-8-91; AFS 13-1991, f. & cert.
ef. 7-1-91; AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95; AFS 10-1998, f. 6-29-98,
cert. ef. 7-1-98; AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99; AFS 10-2002, f. &
cert. ef. 7-1-02; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 4-2007, f. 3-30-07,
cert. ef. 4-1-07; SSP 11-2010(Temp), f. & cert. ef. 4-22-10 thru 10-19-10; SSP
32-2010, f. & cert. ef. 10-1-10; SSP 42-2010(Temp), f. 12-30-10, cert. ef. 1-1-11
thru 6-30-11; SSP 17-2011, f. & cert. ef. 7-1-11
461-145-0143
Economic Recovery Payment
The $250 economic
recovery payment authorized by the American Recovery and Reinvestment Act of 2009
is excluded income in the month of receipt and an excluded resource in the month
of receipt and for the following nine months.
Stat. Auth.:
ORS 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.816, 412.049, 414.025,
414.826, 414.831

Stats.
Implemented: ORS 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.816,
412.049, 414.025, 414.826, 414.831

Hist.:
SSP 3-2009(Temp), f. & cert. ef. 3-3-09 thru 8-30-09; SSP 24-2009, f. &
cert. ef. 8-31-09; SSP 25-2009(Temp), f. & cert. ef. 9-1-09 thru 2-28-10; SSP
38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 39-2009(Temp), f. 12-31-09, cert. ef.
1-1-10 thru 6-30-10; SSP 18-2010, f. & cert. ef. 7-1-10; SSP 20-2010(Temp),
f. & cert. ef. 7-1-10 thru 12-28-10; SSP 32-2010, f. & cert. ef. 10-1-10;
Suspended by SSP 42-2010(Temp), f. 12-30-10, cert. ef. 1-1-11 thru 6-30-11
461-145-0145
Educational Account
(1) The Individual Education Account (IEA) is an asset accrued by JOBS Plus participants. The IEA is excluded while it accumulates, while it is saved, and when it is withdrawn for educational purposes.
(2) In the SNAP program, the value of funds in a qualified tuition program under section 529 of the Internal Revenue Code or in a Coverdell education savings account is excluded.
Stat. Auth.: ORS 411.060, 411.816, 412.049

Stats. Implemented: ORS 411.060, 411.816, 412.049

Hist.: AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94; Renumbered from 461-145-0265, SSP 23-2008, f. & cert. ef. 10-1-08
461-145-0150
Educational Income
(1) Educational income is income designated
specifically for educational expenses. To be considered educational income, the
income must be received by one of the following:
(a) A student at a recognized
institution of post-secondary education. Post-secondary education is education offered
primarily to individuals 18 years of age or older. Admission may — but does
not necessarily — require a high school diploma or equivalent.
(b) A student at a school
for individuals with disabilities.
(c) A student in a vocational
education program.
(d) A student in a program
that provides for completion of requirements for a secondary school diploma or the
equivalent.
(2) To determine the amount
of educational income to exclude, education expenses listed in the financial aid
award letter are used unless one of the following is true:
(a) The student provides
verification of amounts different from those listed in the award letter, in which
case the verified amounts from the student are used.
(b) The student receives
child care benefits — ERDC or other child care subsidies. The amount the student
actually pays for child care (including the ERDC copay) is excluded as educational
income instead of the amount shown in the award letter.
(c) The student states that
actual transportation costs exceed the amount allowed for the expense in the award
letter. In that situation, the number of miles to and from school is multiplied
by $0.20. The product or the amount from the award letter, whichever is greater,
is excluded.
(3) The following items are
excluded:
(a) Educational income authorized
by the Carl D. Perkins Vocational and Applied Technology Education Act or Title
IV of the Higher Education Act or made available by the Bureau of Indian Affairs
(BIA).
(b) All income from educational
loans.
(4) Except as provided in
section (5) of this rule, the cost of the following items from remaining educational
funds (including non Title IV work study, externship (see OAR 461-001-0015), graduate
assistantship (see OAR 461-001-0015), graduate fellowship (see OAR 461-001-0015)
wages, and internship (see OAR 461-001-0015)) is excluded:
(a) Tuition, mandatory fees,
books and supplies, transportation, required rental or purchase of equipment or
materials charged to students enrolled in a specific curriculum, other miscellaneous
personal expenses (except room and board), and loan originator fees and insurance
premiums required to obtain an educational loan.
(b) In all programs except
ERDC — dependent care.
(5) For a participant in
the Parents as Scholars (PAS) component of the JOBS program who has been approved
for PAS pursuant to OAR 461-190-0199, all remaining educational funds, including
those funds intended for room and board, are excluded.
(6) In all programs covered
by chapter 461 of the Oregon Administrative Rules, after allowing exclusions, the
remaining income is treated as follows:
(a) Income received through
work study (including work study provided through a VA program or other educational
program), fellowships and teaching-assistant positions not excluded by section (3)
or (4) of this rule is earned income.
(b) Educational income not
covered by subsection (a) of this section is prorated over the period it is intended
to cover. If the client has already received the income, the prorated amount is
counted monthly beginning with the first month of the period. If the client has
not received the income at the time the determination is made, the prorated income
is counted starting in the month the client expects to receive it.
Stat. Auth.: ORS 411.060, 411.083, 411.404,
411.816, 412.014 & 412.049
Stats. Implemented: ORS 411.060,
411.083, 411.404, 411.620, 411.630, 411.635, 411.640, 411.660, 411.690, 411.816,
411.825, 412.014 & 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 2-1992, f. 1-30-92,
cert. ef. 2-1-92; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 20-1992, f. 7-31-92,
cert. ef. 8-1-92; AFS 28-1992, f. & cert. ef. 10-1-92; AFS 12-1993, f. &
cert. ef. 7-1-93; AFS 16-1993, f. & cert. ef. 9-1-93; AFS 2-1994, f. & cert.
ef. 2-1-94; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 42-1996, f. 12-31-96,
cert. ef. 1-1-97; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 10-2002, f. &
cert. ef. 7-1-02; AFS 10-2002, f. & cert. ef. 7-1-02; SSP 29-2003(Temp), f.
10-31-03, cert. ef. 11-1-03 thru 3-31-04; SSP 6-2004, f. & cert. ef. 4-1-04;
SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06;
SSP 23-2008, f. & cert. ef. 10-1-08; SSP 5-2010, f. & cert. ef. 4-1-10;
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13,
cert. ef. 1-1-14
461-145-0170
Energy Assistance Payments
(1) In the SNAP program, energy assistance payments issued through the TANF program are considered unearned income.
(2) All energy assistance payments or allowances made under any federal, state, or local law not covered under section (1) -- including one-time payments for weatherization, emergency repair, or replacement of heating or cooling devices -- are excluded.
Stat. Auth.: ORS 411.060, 411.816 & 412.049

Stats. Implemented: ORS 411.060, 411.816 & 412.049

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 32-1996(Temp), f. & cert. ef. 9-23-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 10-2002, f. & cert. ef. 7-1-02; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
461-145-0175
Family Abuse Prevention Act (FAPA) Payments
(1) Family Abuse Prevention Act (FAPA) payments are court-ordered payments to victims of domestic violence made under authority of ORS 107.718(1)(h). A payment is considered available when actually received by the victim of abuse.
(2) For all programs covered by this chapter of rules, the first $2,500 is excluded. The excess above $2,500 is counted as a resource.
Stat. Auth.: ORS 411.060, 411.816 & 418.100

Stats. Implemented: ORS 411.060, 411.816 & 418.100

Hist.: AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
461-145-0184
Filipino Veterans Equity Compensation Fund
The Department excludes from income a payment received by a veteran or the spouse of a veteran who served in the military of the Government of the Commonwealth of the Philippines during World War II and made under the Filipino Veterans Equity Compensation Fund authorized by the American Recovery and Reinvestment Act of 2009.
Stat. Auth.: ORS 411.060, 411.070, 411.083, 411.404, 411.816, 412.014 & 412.049

Stats. Implemented: ORS 411.060, 411.070, 411.083, 411.404, 411.816, 412.014 & 412.049

Hist.: SSP 5-2010, f. & cert. ef. 4-1-10
461-145-0185
Floating Homes and Houseboats
(1) Floating homes and houseboats are treated in the same manner as real property under OAR 461-145-0420.
(2) Floating homes and houseboats are subject to OAR 461-145-0220 and 461-145-0250 if applicable.
Stat. Auth.: ORS 411.060, 411.816, 418.100

Stats. Implemented: ORS 411.060, 411.816, 418.100

Hist.: SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
461-145-0190
Food Programs Other Than the SNAP Program
(1) In all programs, the following benefits are excluded:
(a) Benefits from the Special Supplemental Food Program for Women, Infants and Children (WIC), including demonstration projects (coupons exchanged for food at farmers markets) under the Hunger Prevention Act of 1988 (Pub. L. 100-435, section 501).
(b) The value of supplemental food assistance provided to children under the Child Nutrition Act of 1966 (Pub. L. 89-642) and the National School Lunch Act (Pub. L. 79-396, section 12(e), and Pub. L. 94-105).
(c) Nutrition Assistance program benefits received in Puerto Rico, American Samoa or the Commonwealth of the Northern Marianna Islands.
(d) The value of supplemental food assistance provided for seniors in the Senior Farm Direct Nutrition Program (see OAR 333-052-0030) funded by grants from the United States Department of Agriculture.
(2) In all programs except SNAP, benefits from the tribal Food Distribution Program are excluded. In the SNAP program, these benefits are subject to OAR 461-165-0030.
Stat. Auth.: ORS 411.060, 411.816, 412.049

Stats. Implemented: ORS 411.060, 411.816, 412.049

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 10-2002, f. & cert. ef. 7-1-02; SSP 8-2004, f. & cert. ef. 4-1-04; SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
461-145-0200
Foster Care Payments and Guardianship Assistance Benefits
Payments for foster care and benefits
from the Guardianship Assistance program are treated as follows:
(1) In all programs except
the ERDC and SNAP programs:
(a) If the provider of foster
care or the guardian is in the financial group (see OAR 461-110-0530), the payments
or benefits are treated as earned income except that it is excluded in the following
situations:
(A) The amount the placement
agency identifies as being for room and board, clothing, or personal incidental
needs (including recreational expenses) of the foster care client is excluded.
(B) The amount designated
for special need items of the foster care client is excluded.
(b) If the provider of foster
care or the guardian is not in the financial group, the payments or benefits are
excluded.
(2) In the ERDC program,
the payments or benefits are excluded.
(3) In the SNAP program:
(a) The payments or benefits
are counted as unearned income only if the person in foster care or under guardianship
is in the filing group (see OAR 461-110-0370). The payments or benefits are excluded
if the person in foster care or under guardianship is in the household group (see
OAR 461-110-0210) but not in the filing group.
(b) The payments or benefits
are counted as self-employment income if the provider of foster care and the person
receiving the care or the guardian and the person under guardianship are not in
the same household group.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.816
Stats. Implemented: ORS 409.050,
409.610, 411.060, 411.070, 411.816
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 20-1990, f. 8-17-90,
cert. ef. 9-1-90; AFS 1-1993, f. & cert. ef. 2-1-93; SSP 17-2004, f. & cert.
ef. 7-1-04; SSP 2-2015(Temp), f. & cert. ef. 1-1-15 thru 6-29-15; SSP 17-2015,
f. & cert. ef. 6-30-15
461-145-0210
Gifts and Winnings
(1) For the purposes of this rule:
(a) Gifts are items given to or received by an individual on or for a special occasion, such as a holiday, birthday, graduation, or wedding. Gifts are not given or received on a regular basis.
(b) Winnings are prizes given to an individual in a contest, game of chance, or similar event. Winnings in the form of money may be distributed periodically (e.g., monthly) or in a lump-sum.
(2) In the ERDC program, gifts and winnings are excluded.
(3) In all programs except the ERDC program:
(a) In-kind gifts and winnings are treated according to the rule applicable to the specific type of asset.
(b) Gifts and winnings in the form of money are treated as periodic or lump-sum income (see OAR 461-140-0110 and 461-140-0120).
(c) Gifts and winnings in the form of a gift card or certificate are excluded.
(4) For employment-related items, see OAR 461-145-0130.
Stat. Auth.: ORS 411.060, 411.070, 411.816, 414.042, 418.100

Stats. Implemented: ORS 411.060, 411.070, 411.700, 411.816, 414.042, 418.100

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 9-1997, f. & cert. ef. 7-1-97; SSP 10-2007, f. & cert .ef. 10-1-07
461-145-0220
Home
(1) Home defined: A home is the place
where the filing group (see OAR 461-110-0310) lives. A home may be a house, boat,
trailer, mobile home, or other habitation. A home also includes the following:
(a) Land on which the home
is built and contiguous property.
(A) In all programs except
the GA, GAM, OSIP, OSIPM, QMB, and SNAP programs, property must meet all the following
criteria to be considered contiguous property:
(i) It must not be separated
from the land on which the home is built by land owned by people outside the financial
group (see OAR 461-110-0530).
(ii) It must not be separated
by a public right-of-way, such as a road.
(iii) It must be property
that cannot be sold separately from the home.
(B) In the GA, GAM, OSIP,
OSIPM, QMB, and SNAP programs, contiguous property is property not separated from
the land on which the home is built by land owned by people outside the financial
group.
(b) Other dwellings on the
land surrounding the home that cannot be sold separately from the home.
(2) Exclusion of home and
other property:
(a) For an individual who
has an initial month (see OAR 461-001-0000) of long-term care on or after January
1, 2006:
(A) For purposes of this
subsection:
(i) The definition of "child"
in OAR 461-001-0000 does not apply.
(ii) "Child" means a biological
or adoptive child who is:
(I) Under age 21; or
(II) Any age and meets the
Social Security Administration criteria for blindness or disability.
(B) The equity value of a
home is excluded if the requirements of at least one of the following subparagraphs
are met:
(i) The "child" of the individual
occupies the home.
(ii) The spouse (see OAR
461-001-0000) of the individual occupies the home.
(iii) The equity in the home
is $552,000 or less, and the requirements of at least one of the following sub-subparagraphs
are met:
(I) The individual occupies
the home.
(II) The home equity is excluded
under OAR 461-145-0250.
(III) The home is listed
for sale per OAR 461-145-0420.
(iv) Notwithstanding OAR
461-120-0330, the equity in the home is more than $552,000 and the individual is
unable legally to convert the equity value in the home to cash.
(b) For all other filing
groups, the value of a home is excluded when the home is occupied by any member
of the filing group.
(c) In the SNAP program,
the value of land is excluded while the group is building or planning to build their
home on it, except that if the group owns (or is buying) the home they live in and
has separate land they intend to build on, only the home in which they live is excluded,
and the land they intend to build on is treated as real property in accordance with
OAR 461 145 0420.
(3) Exclusion during temporary
absence: If the value of a home is excluded under section (2) of this rule, the
value of this home remains excluded in each of the following situations:
(a) In all programs except
the GA, GAM, OSIP, OSIPM, and QMB programs, during the temporary absence of all
members of the filing group from the property, if the absence is due to illness
or uninhabitability (from casualty or natural disaster), and the filing group intends
to return home.
(b) In the SNAP program,
when the financial group is absent because of employment or training for future
employment.
(c) In the GA, GAM, OSIP,
OSIPM, and QMB programs, when the individual is absent to receive care in a medical
institution, if one of the following is true:
(A) The absent individual
has provided evidence that the individual will return to the home. The evidence
must reflect the subjective intent of the individual, regardless of the individual's
medical condition. A written statement from a competent individual is sufficient
to prove the intent.
(B) The home remains occupied
by the individual's spouse, child, or a relative dependent on the individual for
support. The child must be less than 21 years of age or, if over the age of 21,
blind or an individual with a disability as defined by SSA criteria.
(d) In the REF, REFM, and
TANF programs, when all members of the filing group are absent because:
(A) The members are employed
in seasonal employment and intend to return to the home when the employment ends;
or
(B) The members are searching
for employment, and the search requires the members to relocate away from their
home. If all members of the filing group are absent for this reason, the home may
be excluded for up to six months from the date the last member of the filing group
leaves the home to search for employment. After the six months, if a member of the
filing group does not return, the home is no longer excluded.
Stat. Auth.: ORS 411.060, 411.070, 411.404,
411.816 & 412.049
Stats. Implemented: ORS 411.060,
411.070, 411.404, 411.816 & 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 13-1991, f. &
cert. ef. 7-1-91; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 19-1993, f. &
cert. ef. 10-1-93; AFS 5-2002, f. & cert. ef. 4-1-02; SSP 10-2006, f. 6-30-06,
cert. ef. 7-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07;SSP 14-2007, f. 12-31-07,
cert. ef. 1-1-08; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 42-2010(Temp),
f. 12-30-10, cert. ef. 1-1-11 thru 6-30-11; SSP 17-2011, f. & cert. ef. 7-1-11;
SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12; SSP 39-2012(Temp), f. 12-28-12, cert.
ef. 1-1-13 thru 6-30-13; SSP 8-2013, f. & cert. ef. 4-1-13; SSP 30-2013(Temp),
f. & cert. ef. 10-1-13 thru 3-30-14; SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14;
SSP 4-2015, f. & cert. ef. 1-1-15
461-145-0230
Housing and Urban Development
(1) Payments from HUD made to a third
party in behalf of the client are treated as follows:
(a) In the REF, REFM, and
TANF programs, the payment is used to determine shelter-in-kind income.
(b) In the EA, ERDC, GA,
GAM, OSIP, OSIPM, QMB, and SNAP programs, the payments are excluded.
(2) HUD payments made directly
to a member of the financial group, except Youthbuild Program payments and Family
Investment Centers payments, are treated as follows:
(a) In the REF, REFM, and
TANF programs, the payment is used to determine shelter-in-kind income. If the payments
are made in a lump sum, the lump sum is unearned income.
(b) In the EA program, the
payment is unearned income.
(c) In the ERDC, GA, GAM,
OSIP, OSIPM, and QMB programs, the payments are excluded.
(d) In the SNAP program,
payments for utilities are excluded. Other payments are unearned income.
(3) Youthbuild Program payments
are treated as follows:
(a) In the TANF program,
if the Youthbuild Program participant is a dependent child in the filing group or
a caretaker relative age 19 or younger, the payments are excluded. If the participant
is a caretaker relative over age 19, the payments are treated as follows:
(A) Incentive payments that
are reimbursements for specific expenses not covered by program benefits, for instance
transportation and school supplies, are excluded.
(B) On-the-job training (OJT)
and work experience payments are earned income.
(C) The bonus payment (the
incentive payment for attendance) is unearned income.
(b) In the ERDC program,
Youthbuild payments are earned income.
(c) In the SNAP program,
payments to clients under the age of 19 years who are under the control of an adult
member of the filing group are excluded. Other Youthbuild payments are earned income.
(4) Escrow accounts established
for families participating in the Family Self-Sufficiency (FSS) program sponsored
by HUD are excluded.
(5) Payments related to family
investment centers issued under the Cranston-Gonzalez National Affordable Housing
Act, Pub. L. No. 101-625, sec. 515, 104 Stat. 4196 (1990), are treated as follows:
(a) Wages are earned income,
and stipends are unearned income.
(b) Service payments for
items such as child care, basic education, literacy, or computer skills training
are excluded.
Stat. Auth.: ORS 411.060, 411.404, 411.816,
412.049
Stats. Implemented: ORS 411.060,
411.404, 411.816, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 20-1992, f. 7-31-92,
cert. ef. 8-1-92; AFS 28-1992, f. & cert. ef. 10-1-92; AFS 12-1993, f. &
cert. ef. 7-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 23-1994, f. 9-29-94,
cert. ef. 10-1-94; AFS 16-1996, f. 4-29-96, cert. ef. 5-1-96; AFS 34-1996, f. 9-26-96,
cert. ef. 10-1-96; AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 9-2001, f. &
cert. ef. 6-1-01; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 30-2013(Temp), f.
& cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0240
Income-Producing Sales Contract
(1) The equity value
(see OAR 461-001-0000) of an income-producing sales contract is treated as follows:
(a) In the
GA, GAM, OSIPM, and QMB programs for contracts originating on or after October 1,
2012:
(A) Except
for a contract resulting from the sale of a home, that is treated in accordance
with paragraph (B) of this subsection, it is a countable (see OAR 461-001-0000)
resource valued at the outstanding principal balance of the contract unless the
individual provides convincing evidence of a lower cash value or there is a legal
bar to the sale of the contract. If there is a legal bar to the sale of the contract,
the equity value of the contract is a transfer of assets (OAR 461-140-0210 to 461-140-0300
regulate the effect of a transfer of assets on a client) for less than fair market
value (see OAR 461-001-0000).
(B) The equity
value of a contract resulting from the sale of a home is excluded if the entire
principal portion of the payments received from the contract is used to purchase
another home within three calendar months of receipt of the payments. Otherwise
the equity value is treated in accordance with paragraph (A) of this subsection.
(b) Except
as provided in subsection (a) of this section, it is excluded.
(2) In all
programs, income received from a sales contract is treated as provided in OAR 461-145-0460.
Stat. Auth.: ORS
411.060, 411.070, 411.404, 411.816, 414.042 & 412.049

Stats. Implemented:
ORS 411.060, 411.070, 411.404, 411.816, 414.042 & 412.049

Hist.: AFS
80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 2-1994, f. & cert. ef. 2-1-94; AFS
42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 9-1997, f. & cert. ef. 7-1-97; AFS
10-2002, f. & cert. ef. 7-1-02; SSP 17-2004, f. & cert. ef. 7-1-04; SSP
24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 10-2007, f. & cert. ef. 10-1-07;
SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12
461-145-0250
Income-Producing Property; Not OSIP,
OSIPM, or QMB
(1) Income from income producing property
(see OAR 461-001-0000) is counted as follows:
(a) If a member of the financial
group (see OAR 461-110-0530) actively manages the property 20 hours or more per
week, the income is treated in the same manner as self-employment income (see OAR
461-145-0910, 461-145-0920, and 461-145-0930).
(b) If a member of the financial
group does not actively manage the property 20 hours or more per week, the income
is counted as unearned income with exclusions allowed only in accordance with OAR
461-145-0920. In the SNAP program, if the financial group owns more than one property,
the exclusions for one property may not be used to offset income from a different
property.
(2) The equity value (see
OAR 461-001-0000) of income-producing property is treated as follows:
(a) In the EA and ERDC programs,
it is excluded.
(b) In the SNAP program,
it is counted as a resource except to the extent described in each of the following
situations:
(A) If the property produces
an annual countable (see OAR 461-001-0000) income similar to other properties in
the community with comparable market value, the equity value of the property is
excluded.
(B) The property is excluded
under OAR 461-145-0600.
(C) The equity value of income-producing
livestock, poultry, and other animals is excluded.
(D) If selling the resource
would produce a net gain to the financial group of less than $1,500, the equity
value is excluded.
(c) In the GA and GAM programs,
it is counted as a resource, except:
(A) If the non-business income-producing
property (including houses or apartments for rent and land other than the primary
residence) produces an annual countable income of at least six percent of its equity
value, the value of the property is excluded up to a maximum of $6,000.
(B) If the annual countable
income drops below six percent of the non-business property's equity value due to
circumstances beyond the client's control, the client has up to 24 months from the
end of the tax year in which the earnings dropped below six percent to meet the
six percent requirement.
(C) The total equity value
is excluded (regardless of value or rate of return) if either all the requirements
of subparagraphs (i), (ii), and (iii) or subparagraph (iv) or subparagraph (v) are
met:
(i) The property is used
in the trade or business of a member of the financial group, as evidenced by two
or more of the following:
(I) The good-faith intention
of making a profit.
(II) Its use is part of a
regular occupation for a member of the financial group.
(III) Holding out to others
as being engaged in the selling of goods or services.
(IV) Continuity of operations,
repetition of transactions, or regularity of activities.
(ii) The property is in current
use or, if not in use for reasons beyond the control of the financial group, there
must be a reasonable expectation that the required use will resume.
(iii) The property is essential
to the client's self-support.
(iv) The government has issued
a permit to the client to engage in income-producing activity on or with the property.
(v) Personal property is
used by an employee for work.
(d) In the REF, REFM, and
TANF programs, it is counted as a resource, except that in the TANF program, it
is excluded for a self-employed client participating in the microenterprise (see
OAR 461-001-0025) component of the JOBS program.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.083, 411.400, 411.404, 411.816, 412.049, 413.085, 414.685
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.083, 411.400, 411.404, 411.816, 412.049, 413.085,
414.685
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 20-1992, f. 7-31-92,
cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 2-1994, f. & cert.
ef. 2-1-94; AFS 19-1994, f. & cert. ef. 9-1-94; AFS 42-1996, f. 12-31-96, cert.
ef. 1-1-97; AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00; SSP 17-2004, f. & cert.
ef. 7-1-04; SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06; SSP 14-2006, f. 9-29-06,
cert. ef. 10-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 4-2007, f. 3-30-07,
cert. ef. 4-1-07; SSP 13-2013, f. & cert. ef. 7-1-13; SSP 30-2013(Temp), f.
& cert. ef. 10-1-13 thru 3-30-14; SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14;
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
461-145-0252
Income-Producing Property; OSIP,
OSIPM, and QMB
(1) This rule does not apply to personal
or real property used in self-employment. See OAR 461-145-0915 to determine what
constitutes self-employment and OAR 461-145-0600 to determine how to treat real
or personal property used in self-employment.
(2) Income from income-producing
property (see OAR 461-001-0000) is counted as follows:
(a) If a member of the financial
group (see OAR 461-110-0530) actively manages the property 20 hours or more per
week, the income is treated in the same manner as self-employment income (see OAR
461-145-0915, 461-145-0920, and 461-145-0930).
(b) If a member of the financial
group does not actively manage the property 20 hours or more per week, the income
is counted as unearned income with exclusions allowed only in accordance with OAR
461-145-0920.
(3) The equity value (see
OAR 461-001-0000) of income-producing property is counted as a resource, subject
to the following exceptions:
(a) Except as provided in
OAR 461-140-0020.
(b) If the income-producing
property, including houses or apartments for rent and land other than the primary
residence, produces an annual countable (see OAR 461-001-0000) income of at least
six percent of its equity value, the value of the property is excluded up to a maximum
of $6,000.
(c) If the annual countable
income drops below six percent of the equity value of the income-producing property
due to circumstances beyond the client's control, the client has up to 24 months
from the end of the tax year in which the earnings dropped below six percent to
meet the six percent requirement.
(d) The equity value of government
permits representing authority granted by a government agency to engage in income-producing
activity is excluded in its entirety.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.400, 411.404, 411.706, 413.085, 414.685
Stats. Implemented: ORS 409.010,
411.060, 411.070, 411.400, 411.404, 411.706, 413.085, 414.685
Hist.: SSP 25-2015, f. 9-29-15,
cert. ef. 10-1-15
461-145-0255
Youth Transitions Program Subsidies
(1) Youth Transitions Program subsidies are payments and services provided to children 16 to 20 years of age by the Department. The Youth Transitions Program (including the Chaffee Housing program) is described at OAR 413-030-0400 to 413-030-0460. The subsidies help the children live independently when their foster care payments are discontinued upon reaching 16 years of age.
(2) For all programs except EA and SNAP, the subsidies are excluded from income.
(3) For the EA and SNAP programs, the subsidies are countable unearned income.
Stat. Auth.: ORS 411.060

Stats. Implemented: ORS 411.060

Hist.: AFS 28-1992, f. & cert. ef. 10-1-92; AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01; AFS 22-2002, f. 12-31-02, cert. ef. 1-1-03
461-145-0260
Indian (Native American) Benefits
(1) The following
Indian (Native American) benefits are excluded:
(a) Indian
lands held jointly with the tribe, or land that cannot be sold without the approval
of the Bureau of Indian Affairs (BIA).
(b) Payments
to Puyallup Tribe members from the trust funds established under Public Law 101-41.
(c) Payments
from the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement
Act (Public Law 103-436).
(2) Payments
from the BIA are treated as follows:
(a) In the
SNAP program, payments from the General Assistance program are counted as unearned
income.
(b) In all
programs except the SNAP program, payments from the General Assistance program are
excluded.
(c) The treatment
of educational income is covered by OAR 461-145-0150.
(3) In the
GA and GAM programs, Indian benefits described in sections (4) to (12) of this rule
are counted as periodic or lump-sum income (see OAR 461-140-0110 and 461-140-0120),
unless the client verifies that such benefits are excluded by the public law for
state-funded programs.
(4) In all
programs except the GA and GAM programs, payments under Public Law 92-203 (Alaska
Native Claim Settlement Act) are treated as follows:
(a) In the
SNAP program, the entire payment is excluded.
(b) In all
programs except the GA, GAM, and SNAP programs:
(A) Only
the tax-exempt portion of the payment is excluded.
(B) The remainder
of the payment is counted as unearned income.
(5) In all
programs except the GA and GAM programs, the following types of distributions provided
under Public Law 100-241 (Alaska Native Claim Settlement Act) are excluded:
(a) Stock.
(b) A partnership
interest.
(c) Land
or interest in land.
(d) An interest
in a settlement trust.
(e) The first
$2,000 of each per-capita payment per year for each member of the financial group (see OAR 461-110-0530) who receives the payment. The amount over $2,000 paid to
each member of the financial group who receives the per-capita payment is
counted as lump-sum income (see 461-140-0120).
(6) In all
programs except the GA and GAM programs, the Department excludes Indian benefit
payments when federal law requires an exclusion. These include payments under each
of the following federal laws:
(a) The Aroostook
Band of Micmacs under Public Law 102-171.
(b) Blackfeet,
Cherokee, Cheyenne, Chippewa, and Sioux tribes under Public Law 94-114, when the
payment is from submarginal land held in trust by the United States.
(c) Blackfeet
Indians under Public Law 92-254.
(d) Grand
River Ottawa Indians under Public Law 94-540.
(e) Hopi
or Navajo Indians under Public Law 93-531.
(f) Passamaquoddy
Tribe and Penobscott Nation, including the Holton Band of Maliseet Indians, under
the Indian Claims Settlement Act (Public Law 96-420).
(g) Umpqua
Tribe Cow Creek Band under Public Law 100-139.
(h) Yakima
Nation Confederated Tribes and Bands of the Mescalero Reservation Apache Tribe under
Public Law 95-433.
(7) In all
programs except the GA, GAM, and SNAP programs, payments received from trust or
restricted lands under Public Law 93-134, Public Law 97-458, and Public Law 103-66
are excluded. In the SNAP program, payments received from trust or restricted lands
under 25 USC 1408 (Public Law 93-134, Public Law 97-458, and Public Law 103-66)
are treated as follows:
(a) Excluded
as a resource.
(b) The first
$2,000 of each per-capita payment per year for each member of the financial group (see OAR 461-110-0530) who receives the payment is excluded as income.
(c) The amount
over $2,000 per year paid to any member of the financial group is counted
as periodic income (see OAR 461-140-0110).
(8) In all
programs except the GA and GAM programs, payments to Seminole Tribe members under
Public Law 101-277 are treated as follows:
(a) The first
$2,000 of each per-capita payment per year is excluded for each member of the financial
group who receives the payment.
(b) The amount
over $2,000 paid to each member of the financial group who receives the per-capita
payment is counted as lump-sum income (see OAR 461-140-0120).
(9) In all
programs except the GA and GAM programs, payments from the distribution of judgment
funds to members of the Confederated Tribes of the Umatilla under Public Law 91-259
are treated as follows:
(a) The first
$2,000 of each per-capita payment per year is excluded for each member of the financial
group who receives the payment.
(b) The amount
over $2,000 paid to each member of the financial group who receives the per-capita
payment is counted as lump-sum income (see OAR 461-140-0120).
(10) In all
programs except the GA and GAM programs, payments for assets held in trust to the
Sac and Fox Tribe of Oklahoma and Sac and Fox Tribe of the Mississippi in Iowa by
the Indian Claims Commission under Public Law 94-189, Section 6 (The Sac and Fox
Indian Claims Agreement) are treated as follows:
(a) The first
$2,000 of each per-capita payment per year is excluded for each member of the financial
group who receives the payment.
(b) The amount
over $2,000 paid to each member of the financial group who receives the per-capita
payment is counted as lump-sum income (see OAR 461-140-0120).
(11) In all
programs except the GA and GAM programs, payments from judgment funds held in trust
by the U.S. Secretary of the Interior under Public Law 98-64 are excluded.
(12) In all
programs except the GA and GAM programs, Indian Child Welfare payments under Public
Law 95-608 are excluded.
(13) Tribal
payments for child care are treated as follows:
(a) Provider-direct
payments are counted as the provider's earned income.
(b) All client-direct
payments are excluded.
(14) In each
program, any Indian benefit payments distributed by the tribe and not excluded for
that program by public law are counted as unearned income.
(15) Payments
in the tribal-TANF program are counted in the same manner as TANF program payments
under OAR 461-145-0410.
(16) In the
GA, GAM, OSIP, OSIPM, and QMB programs, Individual Indian Money (IIM) accounts are
treated as follows:
(a) For a
restricted account:
(A) A deposit
required by the BIA is excluded as income and as a resource.
(B) A deposit
not required by the BIA is counted or excluded as income in accordance with this
chapter of rules based on the source of the deposit. The deposit is excluded as
a resource.
(C) A withdrawal
is treated in accordance with this chapter of rules based on the source of the funds
withdrawn. When funds in the account include both excluded and non-excluded funds,
the Department presumes that the non-excluded funds are withdrawn first.
(b) For an
unrestricted account: Deposits and withdrawals are treated in accordance with this
chapter of rules based on the source of the deposit or withdrawal. When funds in
the account include both excluded and non-excluded funds, the Department presumes
that the non-excluded funds are withdrawn first.
(17) Payments
from the Tribal Trust Accounting and Management Lawsuits under Public Law 111-291
(section 101) are treated as follows:
(a) The payments
are excluded as income in the month of receipt.
(b) The payments
are excluded as a resource for the 12 calendar months following the receipt of the
payment as long as they are not commingled with other funds.
Stat. Auth.: ORS
411.060, 411.070, 411.083, 411.404, 411.816, 412.014 & 412.049

Stats. Implemented:
ORS 411.060, 411.083, 411.404, 411.816, 412.014 & 412.049

Hist.: AFS
80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90;
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 8-1992, f. & cert. ef. 4-1-92;
AFS 28-1992, f. & cert. ef. 10-1-92; AFS 19-1993, f. & cert. ef. 10-1-93;
AFS 13-1994, f. & cert. ef. 7-1-94; AFS 16-1996, f. 4-29-96, cert. ef. 5-1-96;
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98; SSP 10-2007, f. & cert. ef. 10-1-07;
SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 28-2012(Temp), f. & cert. ef.
8-7-12 thru 2-3-13; SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13; SSP 39-2012(Temp),
f. 12-28-12, cert. ef. 1-1-13 thru 6-30-13; SSP 8-2013, f. & cert. ef. 4-1-13
461-145-0261
Individual Development Account (IDA)
(1) An Individual Development Account (IDA) is a trust-like savings account established under P.L. 105-285 designed to help low-income individuals save for specified purposes. The individual makes deposits from his or her earnings, and these are matched by a combination of government and private-sector funds.
(2) For eligibility determinations in all programs:
(a) Except for SNAP, deposits from the account holder's earnings are excluded from gross earned income. For SNAP, the deposit remains countable earned income.
(b) Matching deposits from government and private-sector funds are excluded from income.
(c) The IDA savings account is excluded from resources.
(d) Interest earned by the IDA savings account is excluded from income.
(3) For client liability calculations (see OAR 461-160-0610), all income deposited into an IDA is counted as earned income.
(4) If a client makes an emergency withdrawal from the account, that income is counted as lump-sum income.
Stat. Auth.: ORS 411.060, 411.700, 411.816, 412.014, 412.049, 414.042

Stats. Implemented: ORS 411.060, 411.700, 411.816, 412.014, 412.049, 414.042

Hist.: SSP 17-2008, f. & cert. ef. 7-1-08
461-145-0270
Inheritance
(1) An inheritance may be received in the form of monies, property, or other assets.
(2) An inheritance is treated as follows:
(a) In all programs except the ERDC program:
(A) A noncash inheritance is treated according to the policy for the specific type of asset inherited.
(B) A cash inheritance is counted as periodic or lump-sum income (see OAR 461-140-0110 and 461-140-0120).
(b) In the ERDC program, an inheritance is excluded.
Stat. Auth.:ORS 411.060, 411.816, 418.100

Stats. Implemented: ORS 411.060, 411.105, 411.111, 411.730, 411.816, 414.042, 418.100

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; SSP 10-2007, f. & cert. ef. 10-1-07
461-145-0280
In-Kind Income
(1) This rule does not apply to shelter-in-kind
income (see OAR 461-145-0470).
(2) In all programs except
the REF, REFM, and TANF programs, in-kind income (see OAR 461-001-0000) that is
earned is treated according to the administrative rules on earned income (such as
OAR 461-145-0130).
(3) In all programs except
the REF, REFM, and TANF programs, in-kind income that is unearned (except third-party
payments) is treated as follows:
(a) Income from court-ordered
community service work or bartering is excluded. Bartering is the exchange of goods
of equal value.
(b) Items such as cars and
furniture are treated according to the administrative rule for the specific type
of asset.
(4) In the REF, REFM, and
TANF programs, in-kind income (except unearned third-party payments) is excluded.
(5) In the SNAP program,
except for child support (see OAR 461-145-0080) and an expenditure by a business
entity that benefits a principal (see OAR 461-145-0088), in-kind income is excluded.
(6) Unearned third-party
payments are treated as follows:
(a) Payments made to a third
party that should legally be paid directly to a member of the financial group (see
OAR 461-110-0530) are counted as unearned income.
(b) Payments made to a third
party that the payee is not legally obligated to pay directly to a member of the
financial group and that the financial group does not have the option of taking
as cash, and payments made by the noncustodial parent to a third party that are
court-ordered are treated as follows:
(A) In the SNAP program,
these third-party payments are excluded unless they are transitional housing payments
for the homeless.
(B) In the REF, REFM, and
TANF programs, except for payments designated as child support (see OAR 461-145-0080),
these third-party payments are excluded.
(C) In all programs except
the REF, REFM, SNAP, and TANF programs, these third-party payments are excluded.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.816, 414.042, 412.049
Stats. Implemented: ORS 411.060,
411.070, 411.816, 414.042, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 19-1993, f. &
cert. ef. 10-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 32-1996(Temp), f.
& cert. ef. 9-23-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 9-1997,
f. & cert. ef. 7-1-9; AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; AFS 34-2000,
f. 12-22-00, cert. ef. 1-1-01; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 17-2004,
f. & cert. ef. 7-1-04; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 7-2007,
f. 6-29-07, cert. ef. 7-1-07; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 39-2013(Temp),
f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14; SSP 9-2014, f. & cert. ef. 4-1-14
461-145-0290
Job Corps
Job Corps payments are treated as follows:
(1) A living allowance payment is counted as earned income.
(2) A readjustment allowance payment is treated as follows:
(a) In all programs except the SNAP program, this payment is counted as earned income.
(b) In the SNAP program, this payment is counted as lump-sum income (see OAR 461-140-0120).
(3) A support service payment for an item already covered by the benefits of the benefit group (see OAR 461-110-0750) is counted as unearned income. All other support service payments (including clothing allowances) are excluded.
(4) A reimbursement (see OAR 461-001-0000) is treated as provided in OAR 461-145-0440.
Stat. Auth.: ORS 411.060, 411.070, 411.404, 411.700, 411.816 & 412.049

Stats. Implemented: ORS 411.060, 411.070, 411.404, 411.700, 411.816 & 412.049

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 3-1990(Temp), f. & cert. ef. 1-16-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 1-1991(Temp), f. & cert. ef. 1-2-91; AFS 131991, f. & cert. ef. 7-1-91; SSP 10-2007, f. & cert. ef. 10-1-07
461-145-0300
Workforce Investment Act
Payments to clients made under Title
I-B of the Workforce Investment Act (see OAR 589-020-0210) are treated as provided
in this rule.
(1) Need-based (stipend)
payments are treated as unearned income except as follows:
(a) In the SNAP program,
these payments are excluded.
(b) The payments are excluded
for REF, REFM, and TANF clients under the age of 19 years, or under the age of 20
years if the client is a caretaker relative (see OAR 461-001-0000).
(2) OJT (On-the-Job Training)
and work experience payments are counted as earned income, except as follows:
(a) The payments are excluded
for REF, REFM, and TANF clients under the age of 18 years, or under the age of 20
years if the client is a caretaker relative (see OAR 461-001-0000);
(b) The payments are excluded
for an SNAP client who is:
(A) Under the age of 19 years
and under the control of an adult member of the filing group (see OAR 461-110-0370);
or
(B) Receiving OJT payments
under the Summer Youth Employment and Training Program.
(3) A support service payment
for an item already covered by the benefits of the benefit group (see OAR 461-110-0750)
is treated as unearned income. All other support service payments (including lunch
payments and clothing allowances) are excluded.
(4) A reimbursement (see
OAR 461-001-0000) is treated as provided in OAR 461-145-0440.
[Publication.: Publications referenced
are available from the agency.]
Stat. Auth: ORS 411.060,
411.070, 411.816, 414.042, 412.049
Stats. Implemented: ORS 411.060,
411.070, 411.816, 414.042, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 8-1992, f. &
cert. ef. 4-1-92; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 24-1997, f. 12-31-97,
cert. ef. 1-1-98; AFS 9-2001, f. & cert. ef. 6-1-01; SSP 10-2007, f. & cert.
ef. 10-1-07; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013,
f. 12-31-13, cert. ef. 1-1-14
461-145-0310
Life Estate
(1) For all programs except OSIP, OSIPM, and QMB, if a financial group (see OAR 461-110-0530) is living in real property (see OAR 461-001-0000) while a member holds a life estate (see OAR 461-001-0000) in this property, the property is treated as a home (see OAR 461-145-0220). In all other situations, a life estate is treated as real property (see OAR 461-145-0420).
(2) In the OSIP, OSIPM, and QMB programs:
(a) For purposes of this section and section (3) of this rule, the value of the rights conferred by the life estate is established by the Life Estate and Remainder Interest Table of the federal Centers for Medicare and Medicaid Services, State Medicaid Manual, section 3258.9(A).
(b) A life estate owned by a member of the financial group is treated as follows:
(A) If a member of the financial group is living on the property the value of the life estate is treated as a home (see OAR 461-145-0220).
(B) If a member of the financial group is not living on the property the value of the life estate is counted as a resource. The life estate is considered unavailable if other parties with an ownership interest in the property refuse to sell their interest or refuse to purchase the life estate interest in the property.
(3) In the OSIP and OSIPM programs:
(a) A transfer for less than fair market value (see OAR 461-001-0000) in which a member of the financial group retains a life estate is a disqualifying transfer. A transfer is considered for less than fair market value if the fair market value of the transferred resource on the day prior to the transfer is greater than the sum of the value of the rights conferred by the life estate plus the compensation received for the transfer.
(b) If a member of the financial group purchases a life estate interest in the home of another individual on or after July 1, 2006, the purchase is considered a transfer of resources unless the client resides in this home for at least 12 consecutive months after the date of the purchase. The value of the transfer for a client who does not reside in the home for at least 12 consecutive months is calculated by using the purchase price of the life estate.
Stat. Auth.: ORS 411.060, 411.816, 412.049

Stats. Implemented: ORS 411.060, 411.700, 411.816, 412.049

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 17-2008, f. & cert. ef. 7-1-08
461-145-0320
Life Insurance
(1) Benefits paid on a life insurance policy are counted as unearned income in the month received and a resource if retained into the following month. The Department counts benefits as received when the insured individual dies or when the insured individual is eligible for and receives accelerated payments before death, such as when the insured individual has a terminal illness. When the payment is a lump sum due to the death of the insured individual a deduction is allowed, not to exceed $1,500, for the cost of the deceased individual's last illness and burial if these costs were not otherwise insured.
(2) Burial insurance that has cash surrender value is treated in the same manner that this rule treats life insurance.
(3) The value of a life insurance policy is treated as follows:
(a) All term insurance that has no cash surrender value is excluded.
(b) In all programs except GA, GAM, OSIP, OSIPM, and QMB, the cash surrender value of the life insurance policy is excluded.
(c) In the GA, GAM, OSIPM, and QMB programs:
(A) For the purposes of this subsection, the following definitions apply:
(i) "Cash surrender value" means the equity that the policy acquires over time.
(ii) "Dividend" means a payment of surplus company earnings from the insurer.
(iii) "Dividend accumulation" means a dividend left with the insurer to accumulate interest that may be withdrawn without affecting the policy's face value or cash surrender value.
(iv) "Dividend addition" means the amount of insurance purchased with a dividend that increases the policy's death benefit and cash surrender value.
(v) "Face value" means the amount of the death benefit contracted for at the time the policy was purchased and does not include a dividend addition added after purchase of the policy.
(vi) "Viatical settlement" means an agreement allowing a third party to acquire a life insurance policy from a terminally ill individual at an agreed upon percentage of the life insurance policy's face value.
(B) The cash surrender value of life insurance policies owned by the financial group (see 461-110-0530) is excluded if the total face value of all policies for the insured individual is less than or equal to $1,500. If the total face value of all policies for the insured individual is more than $1,500, the entire cash surrender value is counted as a resource to the owner of the policy. The total face value does not include any dividend addition. A dividend accumulation must count as a resource even if the face value of the policy that generated the dividend accumulation is excluded.
(C) The cash surrender value of a policy acquired through a viatical settlement is excluded.
Stat. Auth.: ORS 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.816, 412.049, 414.025

Stats. Implemented: ORS 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.816, 412.049, 414.025

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 12-1991(Temp), f. & cert. ef. 7-1-91; AFS 16-1991, f. 8-27-91, cert. ef. 9-1-91; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 28-1992, f. & cert. ef. 10-1-92; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 5-2002, f. & cert. ef. 4-1-02; SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04; SSP 6-2004, f. & cert. ef. 4-1-04; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 5-2010, f. & cert. ef. 4-1-10; SSP 18-2010, f. & cert. ef. 7-1-10
461-145-0330
Loans and Interest on Loans
(1) This rule covers proceeds of loans,
loan repayments, and interest earned by a lender. If the proceeds of a loan are
used to purchase an asset, the asset is evaluated under the other rules in this
division of rules.
(2) For purposes of this rule:
(a) In the GA, GAM, OSIP, OSIPM,
and QMB programs:
(A) “Bona fide loan agreement”
means an agreement that:
(i) Is enforceable under state
law;
(ii) Is in effect at the time
the cash proceeds are provided to the borrower; and
(iii) Includes an obligation
to repay and a feasible repayment plan.
(B) “Negotiable loan agreement”
means a loan agreement in which the instrument ownership and the whole amount of
money expressed on its face can be transferred from one person to another (i.e.,
sold) at prevailing market rates.
(b) In all programs:
(A) “Reverse-annuity mortgage”
means a contract with a financial institution (see OAR 461-001-0000) under which
the financial institution provides payments against the equity in the home that
must be repaid when the homeowner dies, sells the home, or moves.
(B) The proceeds of a home equity
loan or reverse-annuity mortgage are considered loans.
(3) For payments that a member
of the financial group (see OAR 461-110-0530) receives as a borrower to be treated
as a loan:
(a) In the GA, GAM, OSIP, OSIPM,
QMB, and SNAP programs, there must be an oral or written loan agreement, and this
agreement must state when repayment of the loan is due to the lender.
(b) In programs other than the
GA, GAM, OSIP, OSIPM, QMB, and SNAP programs, there must be a written loan agreement,
and this agreement must be signed by the borrower and lender, dated before the borrower
receives the proceeds of the loan, and state when repayment of the loan is due to
the lender.
(4) Payments for a purported
loan that do not meet the requirements of section (3) of this rule are counted as
unearned income.
(5) When a member of a financial
group receives cash proceeds as a borrower from a loan that meets the requirements
of section (3) of this rule:
(a) In all programs, educational
loans are treated according to OAR 461-145-0150.
(b) In the ERDC, REF, REFM,
SNAP, and TANF programs, the loan is excluded. If retained after the month of receipt,
the loan proceeds are treated in accordance with OAR 461-140-0070.
(c) In the GA, GAM, OSIP, OSIPM,
and QMB programs:
(A) If the loan is a bona fide
loan agreement, the money provided by the lender is not income but is counted as
the borrower’s resource if retained in the month following the month of receipt
(notwithstanding OAR 461-140-0070).
(B) If the loan is not a bona
fide loan agreement, the money provided by the lender is counted as income in the
month received and is counted as a resource if retained in the month following the
month it was received.
(6) In the OSIPM program, if
a client or a spouse of a client uses funds to purchase a mortgage or to purchase
or lend money for a promissory note or loan:
(a) In a transaction occurring
on or after July 1, 2006:
(A) The balance of the payments
owing to the client or spouse of the client is a transfer of assets for less than
fair market value, unless all of the following requirements are met:
(i) The total value of the transaction
is being repaid to the client or spouse of the client within three months of the
client’s life expectancy per that person’s actuarial life expectancy
as established by the Period Life Table of the Office of the Chief Actuary of the
Social Security Administration.
(ii) Payments are made in equal
amounts over the term of the transaction without any deferrals or balloon payments.
(iii) The contract is not cancelled
upon the death of the individual receiving the payments under this transaction.
(B) If the loan results in a
disqualification and the disqualification period has been served, payments against
the principal and interest are treated as unearned income.
(b) In a transaction occurring
before July 1, 2006 or for a transaction occurring on or after July 1, 2006 that
does not result in a disqualification in subsection (a) of this section, the loan
is treated as follows:
(A) Interest income is treated
as unearned income.
(B) The loan is counted as a
resource if:
(i) The financial group includes
a client in a nonstandard living arrangement (see OAR 461-001-0000) and the client’s
spouse;
(ii) The transaction is on or
after the date of the first continuous period of care (see OAR 461-001-0030); and
(iii) The amount of the loan
plus other resources transferred exceeds the largest amount in OAR 461-160-0580(2)(f).
(C) For all other loans:
(i) If the loan is both a negotiable
loan agreement and a bona fide loan agreement, the loan is counted as a resource
valued at the outstanding principal balance.
(ii) If the loan does not qualify
under subparagraph (i) of this paragraph, payments against the principal are counted
as unearned income.
(7) In the GA, GAM, OSIP, and
QMB programs:
(a) Interest income is treated
as unearned income.
(b) If the loan is both a negotiable
loan agreement and a bona fide loan agreement, the loan is counted as a resource
of the lender valued at the outstanding principal balance.
(c) If the loan does not qualify
under subsection (b) of this section, the payments against the principal are counted
as income to the lender.
(8) In all programs other than
the GA, GAM, OSIP, OSIPM, and QMB programs:
(a) The interest payment is
counted as unearned income.
(b) The payment of principal
is excluded.
Stat. Auth.: ORS 411.060, 411.404, 411.816,
412.014, 412.049
Stats. Implemented: ORS 411.060,
411.404, 411.816, 412.014, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 28-1992, f. &
cert. ef. 10-1-92; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 6-2001, f. 3-30-01,
cert. ef. 4-1-01; SSP 23-2003, f. & cert. ef. 10-1-03; SSP 24-2004, f. 12-30-04,
cert. ef. 1-1-05; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 14-2005, f. 9-30-05,
cert. ef. 10-1-05; SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 10-2006, f. 6-30-06,
cert. ef. 7-1-06; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 15-2006, f. 12-29-06,
cert. ef. 1-1-07; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 23-2008, f. &
cert. ef. 10-1-08; [SSP 20-2009(Temp), f. & cert. ef. 7-29-09 thru 1-25-10;
Suspended by SSP 26-2009(Temp), f. & cert. ef. 9-1-09 thru 1-25-10]; Administrative
correction 2-19-10; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14;
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0340
Lodger Income
(1) Lodger income is the amount a lodger
(see OAR 461-001-0000) pays the filing group for room (rent) and board (meals).
(2) Lodger income is counted
as follows:
(a) In the REF, REFM, and
TANF programs, lodger income not excluded under OAR 461-155-0350 is treated as self
employment income.
(b) In all programs except
the GA, GAM, OSIP, OSIPM, QMB, REF, REFM, and TANF programs, lodger income is treated
as self-employment income.
(c) In the GA, GAM, OSIP,
OSIPM, and QMB programs, lodger income is the amount a member of the household group
(see OAR 461-110-0210) pays for the use of a room (rent) with or without board (meals)
and is treated as unearned income:
(A) Lodger income may be
reduced by the following allowable expenses such as:
(i) Interest and escrow portions
of a mortgage payment (at the point the payment is made to the mortgage holder);
(ii) If the home is rented
or leased by the financial group, the monthly rent payment;
(iii) Real estate insurance;
(iv) Repairs (such as a minor
correction to an existing structure);
(v) Property taxes (if not
included in an escrow portion of the mortgage payment);
(vi) Lawn care;
(vii) Snow removal;
(viii) Advertising for tenants;
and
(ix) Utilities.
(B) Allowable expenses are
prorated based on the number of rooms designated for rent compared to the number
of rooms in the house (excluding bathrooms). Basements and attics are counted only
if they have been converted to living spaces (such as recreation rooms).
Stat. Auth.: ORS 411.060, 411.070, 411.404,
411.816, 412.049
Stats. Implemented: ORS 411.060,
411.070, 411.404, 411.816, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 16-1990, f. 6-29-90, cert. ef. 7-1-90; AFS 20-1990, f. 8-17-90,
cert. ef. 9-1-90; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 2-1994, f. &
cert. ef. 2-1-94; AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95; AFS 42-1996, f. 12-31-96,
cert. ef. 1-1-97; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 9-2001, f. & cert.
ef. 6-1-01; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; SSP 10-2006, f. 6-30-06,
cert. ef. 7-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 10-2007, f. &
cert. ef. 10-1-07; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP
38-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 15-2014, f. & cert. ef. 7-1-14
461-145-0343
Manufactured and Mobile Homes
(1) Manufactured and mobile homes are treated in the same manner as real property under OAR 461-145-0420.
(2) Manufactured and mobile homes are subject to OAR 461-145-0220 and OAR 461-145-0250 if applicable.
Stat. Auth.: ORS 411.060, 411.816, 418.100

Stats. Implemented: ORS 411.060, 411.816, 418.100

Hist.: SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
461-145-0345
Military Income
Military income (pay and allowances of a member of a uniformed service) is treated as follows:
(1) Except as provided in section (2) of this rule:
(a) Military income is counted as earned income of the member's financial group (see OAR 461-110-0530), except as provided in subsection (b) of this section.
(b) The portion of military pay and allowances available to the financial group is counted as unearned income if the member is not included in the filing group.
(2) In the SNAP program:
(a) The military income available to the financial group is counted as unearned income if the member is not in the filing group (see OAR 461-110-0370), except as provided in subsections (b) and (c) of this section.
(b) The additional pay received by a member during deployment to an area described in 37 U.S.C. 310 (hostile fire or imminent danger pay) is excluded.
(c) Any amount reduced from basic pay for the GI Bill is excluded.
(d) The following process is used to determine the countable (see OAR 461-001-0000) amount after the exclusions under subsections (b) and (c) of this section:
(A) The amount of the group's military income immediately prior to the deployment is determined.
(B) The current amount of the group's military income is determined.
(C) The lesser of the two amounts in paragraphs (A) and (B) of this subsection is countable income.
Stat. Auth.: ORS 411.060, 411.070, 411.816, 412.049, 414.042

Stats. Implemented: ORS 411.060, 411.070, 411.816, 412.049, 414.042

Hist.: SSP 4-2005, f. & cert. ef. 4-1-05; SSP 10-2007, f. & cert. ef. 10-1-07
461-145-0360
Motor Vehicle
(1) The value of disability-related
apparatus, optional equipment, or low mileage is not considered in determining the
fair market value (see OAR 461-001-0000) of an automobile, truck, or van. The fair
market value of an automobile, truck, or van is presumed to be the "average trade-in
value" established in the National Automobile Dealers Association's (NADA) Used
Car Guide. If the vehicle is not listed in the NADA Used Car Guide, the "average
trade-in value" established in the Kelley Blue Book is used. If the vehicle is not
listed in the NADA Used Car Guide and Kelley Blue Book, the "average trade-in value"
established in a similar publication is used. A client may rebut the presumption
with a statement from a car dealer, mechanic, or other reliable source. If the vehicle
is not listed in the NADA Used Car Guide, Kelley Blue Book, and a similar publication,
the estimate of the value by the client may be accepted unless it appears questionable,
in which case additional evidence of the value is required.
(2) Some programs permit
an exclusion for a portion of the equity value (see OAR 461-001-0000) for any licensed
and unlicensed motor vehicles owned by the financial group:
(a) In the REF, REFM, SNAP,
and TANF programs, this exclusion is up to $10,000.
(b) In the GA and GAM programs,
this exclusion is up to $4,500.
(c) Any remaining equity
in that vehicle and the total equity value of all other vehicles is counted as a
resource.
(3) In the EA and ERDC programs,
all motor vehicles are excluded.
(4) In the OSIPM and QMB
programs:
(a) The total value of a
vehicle selected by the financial group is excluded if it is used for transportation
of the client or a member of the client's household.
(b) The total equity value
of any vehicle not excluded under subsection (a) of this section and all other vehicles
is counted as a resource.
(5) In the OSIP-EPD and OSIPM-EPD
programs, if a vehicle was purchased as an employment and independence expense (see
OAR 461-001-0035) or with moneys from an approved account (see OAR 461-001-0035),
the total value of the vehicle is excluded.
Stat. Auth.: ORS 411.060, 411.070, 411.700,
411.816, 414.042, 412.049
Stats. Implemented: ORS 411.060,
411.070, 411.117, 411.700, 411.816, 414.042, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 10-1995, f. 3-30-95,
cert. ef. 4-1-95; AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96; AFS 42-1996, f. 12-31-96,
cert. ef. 1-1-97; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 19-1997, f. &
cert. ef. 10-1-97; AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99; AFS 1-1999(Temp),
f. & cert. ef. 2-1-99 thru 7-31-99; AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99;
AFS 9-1999, f. & cert. ef. 7-1-99; SSP 29-2003(Temp), f. 10-31-03, cert. ef.
11-1-03 thru 3-31-04; SSP 6-2004, f. & cert. ef. 4-1-04; SSP 17-2004, f. &
cert. ef. 7-1-04; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 10-2007, f. &
cert. ef. 10-1-07; SSP 32-2010, f. & cert. ef. 10-1-10; SSP 30-2013(Temp), f.
& cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0365
National and Community Services
Trust Act (NCSTA), including AmeriCorps (other than AmeriCorps VISTA)
(1) The National and Community Service
Trust Act (NCSTA) of 1993 (P.L. 103-82) amended the National and Community Service
Act (NCSA) of 1990 (P.L. 101-610) that established a Corporation for National and
Community Service. The Corporation administers national service programs providing
living allowance, educational award, child care and in-kind benefits.
(2) NCSTA payments, including
AmeriCorps (except AmeriCorps VISTA which is covered in OAR 461-145-0110) are treated
as follows:
(a) The living allowance
(stipend benefits) is excluded.
(b) Educational award and
in-kind benefits are treated as follows:
(A) In the GA program, these
benefits are treated according to the policy for the specific type of asset.
(B) In all programs except
GA, these benefits are excluded.
(c) The child care allowance
is treated as follows:
(A) For clients in the ERDC,
REF, and TANF programs who are eligible for direct provider payment of child care,
the allowance is counted as unearned income. The allowance is excluded only if the
client already pays the provider. The provider may be paid for only the costs not
covered by the allowance.
(B) For clients in the SNAP
program who are receiving a child care deduction, the deduction is allowed only
for the costs not covered by the allowance.
(C) In all other programs,
the allowance is excluded.
Stat. Auth.: ORS 411.060, 411.070, 411.816,
414.042, 412.049
Stats. Implemented: ORS 411.060,
411.070, 411.816, 414.042, 412.049
Hist.: AFS 2-1994, f. &
cert. ef. 2-1-94; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 9-1997, f. &
cert. ef. 7-1-97; AFS 9-1999, f. & cert. ef. 7-1-99; SSP 7-2005, f. & cert.
ef. 7-1-05; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 30-2013(Temp), f. &
cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0370
Older Americans Act
(1) In all programs except the GA, GAM and SNAP programs, benefits under Title III of the Older Americans Act of 1965 (Nutrition Program for the Elderly) are excluded. In the GA, GAM and SNAP programs, these benefits are considered unearned income.
(2) In all programs except the FS program:
(a) A wage or salary paid to persons 55 years of age and older under Title V of the Older Americans Act of 1965 (Experience Works, American Association of Retired Persons, National Association for Spanish-Speaking Elderly, National Council on Aging, National Council on Black Aging, National Council of Senior Citizens, National Urban League, U.S. Forest Service) is considered earned income.
(b) Payments to an individual 55 years of age and older under Title V of the Older Americans Act of 1965 that are not a wage or salary are excluded.
(3) In the SNAP program, payments under Title V of the Older Americans Act of 1965 are excluded.
Stat. Auth.: ORS 411.060 & 411.816

Stats. Implemented: ORS 411.060 & 411.816

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 28-1992, f. & cert. ef. 10-1-92; AFS 19-1994, f. & cert. ef. 9-1-94; AFS 10-2002, f. & cert. ef. 7-1-02; SSP 8-2008, f. & cert. ef. 4-1-08
461-145-0380
Pension and Retirement Plans
(1) Pension and retirement plans include
the following:
(a) Benefits employees receive
only when they retire. These benefits can be disbursed in lump-sum or monthly payments.
(b) Benefits that employees
are allowed to withdraw when they leave a job before retirement.
(c) The following retirement
plans if purchased by an individual with funds from the plans authorized by section
401 of the Internal Revenue Code of 1986:
(A) Traditional Defined-Benefit
Plan.
(B) Cash Balance Plan.
(C) Employee Stock Ownership
Plan.
(D) Keogh Plan.
(E) Money Purchase Pension
Plan.
(F) Profit-Sharing Plan.
(G) Simple 401(k).
(H) 401(k).
(d) Retirement plans purchased
by an individual with funds from plans authorized by section 403 of the Internal
Revenue Code of 1986 at subsections (a) or (b).
(e) The following retirement
plans and annuities if purchased by an individual with funds from the plans authorized
by section 408 of the Internal Revenue Code of 1986 at subsections (a), (b), (c),
(k), (p), or (q), or at section 408A:
(A) Individual Retirement
Annuity.
(B) Individual Retirement
Account (IRA).
(C) Deemed Individual Retirement
Account or Annuity under a qualified employer plan.
(D) Accounts established
by employers and certain associations of employees.
(E) Simplified Employee Pension
(SEP).
(F) Simple Individual Retirement
Account (Simple-IRA).
(G) Roth IRA.
(f) The following retirement
plans offered by governments, nonprofit organizations, or unions:
(A) 457(b) Plan.
(B) 501(c)(18) Plan.
(C) Federal Thrift Savings
Plan under 5 USC 8439.
(g) In all programs except
the OSIP, OSIPM, and QMB programs, an annuity purchased by an individual with funds
from a plan authorized under subsection (c), (d), or (f) of this section.
(2) An annuity purchased
by the spouse (see OAR 461-001-0000) of an individual with funds from a retirement
plan described in subsection (1)(e) of this rule is not considered a retirement
plan and is treated in accordance with 461-145-0020 and 461-145-0022.
(3) Benefits an individual
receives from pension and retirement plans are treated as follows:
(a) Monthly payments are
counted as unearned income.
(b) All payments not covered
by subsection (a) of this section are counted as periodic or lump-sum income (see
OAR 461-140-0110 and 461-140-0120).
(4) In the OSIP, OSIPM, and
QMB programs:
(a) Except for an annuity
purchased with funds from a retirement plan described in subsection (1)(e) of this
rule:
(A) The equity value (see
OAR 461-001-0000) of a pension or retirement plan is excluded as a resource if the
individual is eligible for monthly or periodic payments under the terms of the plan
and has applied for those payments. When an individual is permitted to choose or
change a payment option, the individual must select the option that:
(i) Provides payments commencing
on the earliest possible date; and
(ii) Completes payments within
the actuarial life expectancy, as published in the Periodic Life Table of the Office
of the Chief Actuary of the Social Security Administration, of the individual.
(B) The equity value of all
pension and retirement plans not covered by paragraph (A) of this subsection that
allows an individual to withdraw funds, minus any penalty for withdrawal, is counted
as a resource.
(b) The equity value of an
annuity purchased with funds from a retirement plan described in subsection (1)(e)
of this rule is excluded as a resource if it meets the payout requirements of OAR
461-145-0022(10)(c). Otherwise, the equity value is counted as a resource.
(c) For an individual in
a standard living arrangement (see OAR 461-001-0000), pension and retirement plans
owned by a non-applying spouse are excluded. Dividends and interest earned on pension
funds owned by a non-applying spouse are excluded as income.
(5) In the SNAP program,
the value of retirement accounts identified in sections 401(a), 403(a), 403(b),
408, 408(k), 408(p), 408A, 457(b), or 501(c)(18) of the Internal Revenue Code, or
in a Federal Thrift Savings Plan account are excluded resources.
(6) In all programs except
the OSIP, OSIPM, QMB, and SNAP programs, the equity value of a pension and retirement
plan that allows an individual to withdraw funds before retirement, minus any penalty
for early withdrawal, is counted as a resource.
Stat. Auth.: ORS 411.060, 411.070, 411.404,
411.816, 412.014, 412.049
Stats. Implemented: ORS 411.060,
411.070, 411.404, 411.816, 412.014, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 21-1995, f. 9-20-95,
cert. ef. 10-1-95; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 14-2006, f. 9-29-06,
cert. ef. 10-1-06; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 10-2007, f. &
cert. ef. 10-1-07; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 26-2008, f. 12-31-08,
cert. ef. 1-1-09; SSP 13-2009, f. & cert. ef. 7-1-09; SSP 13-2009, f. &
cert. ef. 7-1-09; [SSP 21-2009(Temp), f. & cert. ef. 7-29-09 thru 1-25-10; Suspended
by SSP 26-2009(Temp), f. & cert. ef. 9-1-09 thru 1-25-10]; Administrative correction
2-19-10; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013,
f. 12-31-13, cert. ef. 1-1-14 ; SSP 15-2014, f. & cert. ef. 7-1-14
461-145-0390
Personal Belongings
Personal belongings are such items as household furnishings, clothing, heirlooms, keepsakes, and hobby equipment. For all programs, the value of personal belongings is excluded.
Stat. Auth.: ORS 411.060, 411.816 & 418.100

Stats. Implemented: ORS 411.060, 411.816 & 418.100

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; SSP 4-2005, f. & cert. ef. 4-1-05
461-145-0400
Personal Injury Settlement
(1) For all programs except the ERDC program, personal injury settlements are treated as follows:
(a) Monthly payments are counted as unearned income.
(b) For clients in all programs except grandfathered clients in the OSIP and OSIPM programs (see OAR 461-125-0330(2), 461-125-0370(1)(b), and 461-135-0771), all other payments are counted as periodic or lump-sum income (see OAR 461-140-0110 and 461-140-0120).
(c) For grandfathered OSIP and OSIPM clients, the balance from personal injury claims after the Department's lien is satisfied is counted as lump-sum income (see OAR 461-140-0120). If the lien was not filed due to the recipient's failure to notify the Department of the claim, the payment is counted as unearned income.
(2) In the ERDC program, personal injury settlements are excluded.
(3) This rule does not apply to workers compensation payments (see OAR 461-145-0590 for the treatment of those payments).
Stat. Auth.: ORS 411.060, 411.730, 411.816, 418.100

Stats. Implemented: ORS 411.060, 411.700, 411.730, 411.816, 418.100

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; SSP 10-2007, f. & cert. ef. 10-1-07
461-145-0405
Plan for Self-support
(1) This rule covers two types of plans for self support.
(a) A plan for self support approved by the Social Security Administration.
(b) A plan for self support approved by the Department (see OAR 461-135-0708).
(2) Assets listed in an approved plan for self support are excluded.
Stat. Auth.: ORS 411.060, 411.816, 412.049

Stats. Implemented: ORS 411.060, 411.816, 412.049

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 10-2002, f. & cert. ef. 7-1-02; Renumbered from 461-140-0420, SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
461-145-0410
Program Benefits
(1) EA and TA-DVS payments are treated
as follows:
(a) In the ERDC and SNAP
programs, a payment made directly to the client is counted as unearned income. Dual
payee and provider-direct payments are excluded.
(b) In all programs except
the ERDC and SNAP programs, these payments are excluded.
(2) Payments from ERDC and
TANF child care are excluded unless the client is the provider.
(3) Payments from the GAM,
OCCS medical programs, OSIPM, QMB, and REFM programs are excluded.
(4) Payments from JPI (see
OAR 461-135-1260) are issued as a food benefit and are excluded.
(5) SNAP payments are treated
as follows:
(a) The value of an SNAP
benefit is excluded in all programs except the EA program. In the EA program, the
value is counted as a resource when determining the emergency food needs of the
filing group (see OAR 461-110-0310).
(b) OFSET service payments
are excluded.
(6) Benefits from the GA,
OSIP (except OSIP-IC), Post-TANF, REF, SFPSS, TANF, and tribal-TANF programs are
treated as follows:
(a) In the EA program, these
payments are counted as unearned income, except that these payments are excluded
for a benefit group (see OAR 461-110-0750) whose emergent need is the result of
domestic violence (see OAR 461-001-0000).
(b) In the ERDC program:
(A) Post-TANF payments are
excluded.
(B) All other payments are
counted as unearned income.
(c) In the SNAP program:
(A) These payments are treated
as unearned income.
(B) An amount received as
a late processing payment is treated as lump-sum income.
(C) Payments made to correct
an underpayment are treated as lump-sum income.
(D) Ongoing special needs
payments for laundry allowances, special diet or meal allowance, restaurant meals,
accommodation allowances, and telephone allowances are treated as unearned income.
All other special needs payments are excluded as reimbursements.
(d) In all programs except
the EA, ERDC, and SNAP programs:
(A) These payments are excluded
in the month received, and any portion remaining following the month of receipt
is counted as a resource.
(B) Payments made to correct
an underpayment are excluded.
(e) In all programs:
(A) JOBS, REF, and TANF JOBS
Plus support service payments are excluded.
(B) For the treatment of
JOBS Plus income, see OAR 461-145-0130.
(C) REF and TANF client incentive
payments are treated as follows:
(i) Except in the TANF program,
the cooperation incentive payment (see OAR 461-135-0310) is counted as unearned
income.
(ii) Progress and outcome
incentive payments other than in-kind payments are counted as lump-sum income (see
OAR 461-140-0120). All other incentives are excluded.
(7) Payments from OSIP-IC
are treated as follows:
(a) In the SNAP program,
these payments are counted as unearned income and assets held in a contingency fund
(see OAR 411-030-0020) are counted as a resource.
(b) In all other programs,
these payments and funds held in a contingency fund are excluded.
(8) Pre-TANF program payments
are treated as follows:
(a) In the SNAP program,
a payment for basic living expenses, made directly to the client, is counted as
unearned income. All other payments are excluded.
(b) In all programs except
the SNAP program, these payments are excluded.
Stat. Auth.: ORS 411.060, 411.404, 411.816,
412.014, 412.049
Stats. Implemented: ORS 411.060,
411.404, 411.700, 411.816, 412.014, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 30-1990, f. 12-31-90,
cert. ef. 1-1-91; AFS 5-1991, f. & cert. ef. 2-1-91; AFS 13-1991, f. & cert.
ef. 7-1-91; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 21-1992(Temp), f. 7-31-92,
cert. ef. 8-1-92; AFS 32-1992, f. 10-30-92, cert. ef. 11-1-92; AFS 19-1993, f. &
cert. ef. 10-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 13-1994, f. &
cert. ef. 7-1-94; AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94; AFS 22-1995, f. 9-20-95,
cert. ef. 10-1-95; AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96; AFS 32-1996(Temp),
f. & cert. ef. 9-23-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 3-1997,
f. 3-31-97, cert. ef. 4-1-97; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 13-1997,
f. 8-28-97, cert. ef. 9-1-97; AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 17-2000,
f. 6-28-00, cert. ef. 7-1-00; AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01; SSP 17-2004,
f. & cert. ef. 7-1-04; SSP 22-2004, f. & cert. ef. 10-1-04; SSP 4-2005,
f. & cert. ef. 4-1-05; SSP 18-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 10-2007,
f. & cert. ef. 10-1-07; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08;
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 23-2008, f. & cert. ef. 10-1-08;
SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12; SSP 35-2011, f. 12-27-11,
cert. ef. 1-1-12; SSP 36-2011(Temp), f. 12-27-11, cert. ef. 1-1-12 thru 6-29-12;
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12; SSP 30-2013(Temp), f. & cert. ef.
10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0415
Radiation Exposure Compensation Act
Radiation Exposure Compensation Act payments are issued to compensate individuals for injuries or deaths resulting from exposure to radiation from nuclear testing or uranium mining. For all programs, these payments are excluded.
Stat. Auth. ORS 411.060, 411.070, 411.816, 418.100

Stats. Implemented: ORS 411.060, 411.700, 411.816, 414.042, 418.100

Hist.: AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; SSP 10-2007, f. & cert. ef. 10-1-07
461-145-0420
Real Property
(1) For purposes of this rule, manufactured
and mobile homes and floating homes and houseboats are treated in the same manner
as real property.
(2) The applicant has the
burden of proof of establishing the fair market value (see OAR 461-001-0000) of
real property (see OAR 461-001-0000). Fair market value may be established by any
methodology determined to accurately reflect the fair market value of the real property,
including the provision of an appraisal or comparative market analysis performed
by an impartial individual who is certified or licensed in the applicable jurisdiction.
(3) Real property that is
not income-producing or the home of the financial group (see OAR 461-110-0530) is
treated as follows:
(a) In the REF, REFM, and
TANF programs, the equity value (see OAR 461-001-0000) of all real property that
is not excluded under a TANF Interim Assistance agreement is counted as a resource.
(b) In the EA and ERDC programs,
real property is excluded.
(c) In the SNAP program,
real property is treated as follows:
(A) The equity value of real
property is excluded if the financial group is making a good-faith effort to sell
the real property at a fair market price.
(B) The equity value of the
real property is counted as a resource if the financial group refuses to make a
good-faith effort to sell.
(C) The resource is excluded
if selling the resource would produce a net gain to the financial group of less
than $1,500.
(d) In the GA, GAM, OSIP,
OSIPM, and QMB programs:
(A) The equity value of real
property that was the home of the financial group is excluded if the financial group
is making a good-faith effort to sell the real property at a reasonable price, unless
the equity value in the home makes the client ineligible under OAR 461-145-0220(2)(a).
(B) The equity value of all
other real property is excluded if the financial group is making a good-faith effort
to sell the real property at a reasonable price. The equity value is counted after
the real property is excluded for nine months unless the failure to sell it is for
reasons beyond the reasonable control of the financial group.
(4) The treatment of real
property that is income producing is covered in OAR 461-145-0250.
(5) The treatment of the
home of the financial group is covered in OAR 461-145-0220.
Stat. Auth.: ORS 411.060, 411.816 &
412.049
Stats. Implemented: ORS 411.060,
411.816 & 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 13-1991, f. &
cert. ef. 7-1-91; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 42-1996, f. 12-31-96,
cert. ef. 1-1-97; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 9-1999, f. &
cert. ef. 7-1-99; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; AFS 34-2000, f. 12-22-00,
cert. ef. 1-1-01; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 11-2006(Temp), f.
6-30-06, cert. ef. 7-1-06 thru 9-30-06; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06;
SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 30-2013(Temp), f. & cert. ef.
10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0430
Real Property Excluded under an
Interim Assistance Agreement; REF, REFM, TANF
(1) This rule applies in the REF, REFM,
and TANF programs when the equity value (see OAR 461-001-0000) of real property
puts the financial group (see OAR 461-110-0530) over the resource limit.
(2) When section (1) of this
rule applies:
(a) The equity value of real
property is excluded for a maximum of nine months if the financial group signs and
complies with the terms of the program's Interim Assistance Agreement.
(b) After the ninth month,
the equity value of the property is counted as a resource.
(3) To comply with the terms
of the program's Interim Assistance Agreement, the financial group must agree to
do all the following:
(a) Make a good-faith effort
to sell the property; and
(b) Use the proceeds from
the sale of the property to reimburse the Department for all benefits paid under
the terms of the program's Interim Assistance Agreement. The reimbursement will
not exceed the net proceeds of the sale of the property.
(4) The amount of benefits
paid while the financial group has excess real property is an overpayment if the
financial group fails to notify the Department that the group has the property.
(5) The amount of the benefits
paid while the financial group has excess real property is an overpayment up to
the net proceeds of the sale of the property if the property sells and the financial
group does not repay the Department under the terms of the program's Interim Assistance
Agreement.
Stat. Auth.: ORS 411.060, 411.700, 412.049
Stats. Implemented: ORS 411.060,
411.700, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; SSP 10-2007, f. &
cert. ef. 10-1-07; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP
38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0433
Recreational Vehicles
(1) For purposes of this rule, a recreational
vehicle includes both of the following subsections:
(a) A vehicle (a means for
carrying or transporting something) if:
(A) The vehicle is used primarily
for amusement and not for day-to-day transportation; and
(B) The vehicle cannot be
licensed as a motor vehicle for use on a public highway (even if the vehicle is
registered or licensed as a non-motor vehicle).
(b) An ATV, boat, camper,
dune buggy, plane, snowmobile, and trailer, unless the item qualifies as a capital
asset (see OAR 461-001-0000) or as work-related equipment (see OAR 461-145-0600).
(2) Except as provided in
section (4) of this rule, for all programs except ERDC, the equity value (see OAR
461-001-0000) of a recreational vehicle is counted as a resource.
(3) In the ERDC program,
the value of a recreational vehicle is excluded.
(4) In the SNAP program only,
the equity value of a recreational vehicle is excluded if selling the vehicle would
produce a net gain to the financial group of less than $1,500.
Stat. Auth.: ORS 411.060, 411.070, 411.816,
412.049
Stats. Implemented: ORS 411.060,
411.070, 411.700, 411.816, 412.049
Hist.: AFS 13-1991, f. &
cert. ef. 7-1-91; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 21-1995, f. 9-20-95,
cert. ef. 10-1-95; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 4-2007, f. 3-30-07,
cert. ef. 4-1-07; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP
38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0435
Refunds
(1) Exclude the following refunds in the month they are received:
(a) Refunds on merchandise that was purchased or received as a gift;
(b) Refunds of utility and rental deposits.
(2) Count any refund amount remaining after the month of receipt as a resource.
Stat. Auth.: ORS 411.060, 411.070, 411.083, 411.404, 411.706 & 411.816

Stats. Implemented: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.014 & 412.049

Hist.: AFS 13-1991, f. & cert. ef. 7-1-91
461-145-0440
Reimbursement
(1) For the treatment of USDA meal reimbursements,
see OAR 461-145-0570.
(2) The reimbursement (see
OAR 461-001-0000) of a business expense for an individual who is self-employed is
treated as self-employment income (see OAR 461-145-0910, 461-145-0915, and 461-145-0920).
(3) Except as provided in
sections (1) and (2) of this rule, a reimbursement is treated as follows:
(a) In the ERDC program,
a reimbursement is excluded, except that a reimbursement for child care from a source
outside of the Department is counted as unearned income.
(b) In the SNAP program:
(A) A reimbursement in the
form of money for a normal household living expense, such as rent or payment on
a home loan, personal clothing, or food eaten at home, is unearned income.
(B) Any other reimbursement
is treated as follows:
(i) An in-kind reimbursement
is excluded.
(ii) A reimbursement in the
form of money is excluded if used for the identified expense, unless the expense
is covered by program benefits.
(iii) A reimbursement is
counted as periodic income (see OAR 461-001-0000 and 461-140-0110) or lump sum income
(see OAR 461-001-0000 and 461-140-0120) if not used for the identified expense.
(iv) A reimbursement for
an item already covered by the benefits of the benefit group (see OAR 461-110-0750)
is counted as periodic income or lump sum income.
(c) In the SNAP program,
an expenditure by a business entity that benefits a principal (see OAR 461-145-0088)
is counted as earned income (see OAR 461-145-0130).
(d) In all programs except
the ERDC and SNAP programs, a reimbursement is treated as follows:
(A) An in-kind reimbursement
is excluded.
(B) A reimbursement in the
form of money is excluded if used for the identified expense, unless the expense
is covered by program benefits.
(C) A reimbursement is counted
as periodic income or lump sum income if not used for the identified expense.
(D) A reimbursement for an
item already covered by the benefits of the benefit group is counted as periodic
income or lump sum income.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.404, 411.816, 412.049, 413.085, 414.685
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.404, 411.816, 412.049, 413.085, 414.685
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 20-1992, f. 7-31-92,
cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 3-2000, f. 1-31-00,
cert. ef. 2-1-00; SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 15-2006, f. 12-29-06,
cert. ef. 1-1-07; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 30-2013(Temp), f.
& cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14;
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
461-145-0455
Resettlement and Placement (R&P) Grants
(1) A Reception and Placement (R&P)
grant is a payment made by the United States Department of State through a national
refugee resettlement agency to a local resettlement agency, refugee sponsor, or
refugee. An R&P grant is provided to the resettlement agency to help with the
costs of initial resettlement of a refugee in the United States. The resettlement
agency provides a part of this grant to the refugee, usually in the refugee's first
month after arrival, for the refugee's initial resettlement needs and not for ongoing
living expenses.
(2) In the ERDC, REF, REFM,
and TANF programs, an R&P grant is excluded from consideration as income or
a resource for purposes of determining program eligibility or benefit levels, except
as provided in OAR 461-140-0070.
(3) In the SNAP program,
any amount paid directly to a SNAP household from an R&P grant is counted as
unearned income. For an in-kind payment made directly to a provider by the resettlement
agency, see OAR 461-145-0280.
(4) In the GA, OSIP, OSIPM,
and QMB programs, an R&P grant determined to be available to the refugee case
is considered unearned income.
Stat. Auth.: ORS 411.060, 411.116, 411.404,
411.816, 412.049
Stats. Implemented: ORS 411.060,
411.070, 411.116, 411.404, 411.816, 412.006, 412.049
Hist.: AFS 1-2001(Temp),
f. & cert. ef. 1-30-01 thru 3-31-01; AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01;
AFS 13-2002, f. & cert. ef. 10-1-02; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07;
SSP 5-2009, f. & cert. ef. 4-1-09; SSP 30-2013(Temp), f. & cert. ef. 10-1-13
thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0460
Sale of a Resource
(1) In the ERDC program, all proceeds
from the sale of a resource are excluded as income and as a resource.
(2) In the REF, REFM, and
TANF programs:
(a) Proceeds from the sale
of an excluded resource to the extent reinvested in another excluded resource are
excluded as income and as a resource.
(b) All proceeds from the
sale of the resource are counted as unearned income, unless excluded in subsection
(a) of this section.
(3) In all programs except
the ERDC, REF, REFM, and TANF programs, proceeds from the sale of a resource are
treated as follows:
(a) Proceeds from the sale
of a resource (other than a home) received on a monthly or other periodic basis
are counted as unearned income, except that in the OSIPM and QMB programs for a
sale originating on or after October 1, 2012 all proceeds that are principal are
counted as a resource.
(b) Proceeds from the sale
of a resource (other than a home) received on a lump sum basis are treated as follows,
except that in the OSIPM and QMB programs for a sale originating on or after October
1, 2012 all proceeds that are interest are treated as unearned income:
(A) If the proceeds are from
the sale of an excluded resource, the amount reinvested in another excluded resource
is excluded, and the remainder is counted as a resource.
(B) The proceeds from all
other sales are counted as a resource. If the proceeds put the benefit group (see
OAR 461-110-0750) over the resource limit, the proceeds are counted as periodic
or lump sum income (see OAR 461-140-0110 and 461-140-0120).
(c) Proceeds from the sale
of the home of the financial group (see OAR 461-110-0530) are excluded for three
months if the financial group intends to use the proceeds (subparagraphs (A)(i)
and (A)(ii) of this subsection set out the scope of use of excluded proceeds in
the GA, GAM, OSIP, and QMB programs) to buy another home, except as follows:
(A) In the GA, GAM, OSIPM
(except for clients eligible under OAR 461-135-0771), and QMB programs for a home
sold on or after October 1, 2012:
(i) Principal payments, including
lump-sum payments, are excluded for three full calendar months from the date of
receipt if the financial group intends to use the proceeds to buy another home or
for associated costs including:
(I) Downpayments;
(II) Settlement costs;
(III) Loan processing fees
and points;
(IV) Moving expenses;
(V) Necessary repairs to
or replacement of the new home's structure or fixtures (including roof, furnace,
plumbing, built-in appliances) that are identified and documented prior to occupancy;
and
(VI) Mortgage payments.
(ii) For the purposes of
subparagraph (i) of this paragraph, funds that are obligated by contract during
these three full calendar months are also excluded.
(iii) Interest payments are
counted as unearned income.
(B) For clients eligible
for OSIPM under OAR 461-135-0771, the proceeds from the sale of the financial group's
home, if the financial group intends to use them to buy another home (subparagraphs
(A)(i) and (A)(ii) of this subsection set out the scope of use of excluded proceeds),
are treated as follows:
(i) For a home sold prior
to October 1, 2012, the proceeds are excluded for 12 full calendar months.
(ii) For a home sold on or
after October 1, 2012:
(I) Principal payments, including
lump-sum payments, are excluded for 12 full calendar months from the date of receipt.
(II) Interest payments are
counted as unearned income.
(d) The proceeds from the
sale of a home that are not reinvested in another home are counted as a resource,
except as follows:
(A) In the GA and GAM programs,
if the proceeds put the benefit group over the resource limit, they are counted
as periodic or lump sum income.
(B) In the GA, GAM, OSIPM,
and QMB programs for a home sold on or after October 1, 2012:
(i) Principal is counted
as a resource, except that in the GA and GAM programs, if the proceeds put the benefit
group over the resource limit, they are counted as periodic or lump sum income.
(ii) Interest payments are
counted as unearned income.
(C) In the SNAP program,
the proceeds are treated as lump-sum income (see OAR 461-001-0000) under OAR 461-140-0120.
(e) In the SNAP program:
(A) Interest received monthly
or on another periodic basis from the sale of a home is counted as unearned income.
(B) If a self-employed client
sells a work-related asset, including equipment and inventory, the proceeds of the
sale are treated as self-employment income (see OAR 461-145-0910).
(4) Costs of the type excluded
under OAR 461-145-0920 are subtracted from proceeds counted as income under this
rule.
Stat. Auth.: ORS 411.060, 411.070, 411.083,
411.404, 411.816, 412.014, 412.049
Stats. Implemented: ORS 411.060,
411.070, 411.083, 411.404, 411.816, 412.014, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. &
cert. ef. 7-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 21-1995, f. 9-20-95,
cert. ef. 10-1-95; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 9-2001, f. & cert.
ef. 6-1-01; AFS 5-2002, f. & cert. ef. 4-1-02; SSP 16-2003, f. & cert. ef.
7-1-03; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 5-2009, f. & cert. ef.
4-1-09; SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12; SSP 30-2013(Temp), f. &
cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14; SSP
24-2014, f. & cert. ef. 10-1-14
461-145-0470
Shelter-in-Kind Income
(1) Except as provided in section (2)
of this rule:
(a) In the ERDC, GA, and
GAM programs, shelter-in-kind (see OAR 461-001-0000) payments are excluded, except
earned shelter-in-kind is not excluded in the ERDC program.
(b) In the REF, REFM, and
TANF programs, except for child support (see OAR 461-145-0080 and 461-145-0280),
shelter-in-kind payments are excluded.
(c) In the SNAP program,
shelter-in-kind housing and utility payments are excluded (see OAR 461-145-0130
about exclusion of earned in-kind income), except an expenditure by a business entity
for shelter costs (see OAR 461-001-0000) of a principal (see OAR 461-145-0088) is
counted as income.
(d) In the OSIP, OSIPM, and
QMB programs:
(A) Except as provided in
paragraph (C) of this subsection, unearned shelter-in-kind income is treated as
follows:
(i) Shelter-in-kind payments
from HUD are excluded.
(ii) If the shelter-in-kind
includes all housing and utilities, the Shelter-in-Kind Standard for total shelter
(see OAR 461-155-0300) is counted as unearned income.
(iii) If the shelter-in-kind
includes all housing (utilities are not included), the Shelter-in-Kind Standard
for housing costs (see OAR 461-155-0300) is counted as unearned income.
(B) Except as provided in
paragraph (C) of this subsection, earned shelter-in-kind income is treated as follows:
(i) If shelter is provided
for services related to the employer's trade or business and acceptance of the shelter
is a condition of employment, the shelter-in-kind income is treated in accordance
with paragraph (A) of this subsection.
(ii) Except as provided in
subparagraph (i) of this paragraph, the fair market value (see OAR 461-001-0000)
of the shelter is counted as earned income.
(C) In the OSIP and OSIPM
programs, when a prorated standard is used (see OAR 461-155-0020 and OAR 461-155-0250)
shelter-in-kind income is excluded.
(2) A payment for which there
is a legal obligation to pay to a member of the financial group (see OAR 461-110-0530)
that is made to a third party for shelter expenses of a member of the financial
group is counted as unearned income.
Stat. Auth.: ORS 409.050, 411.060, 411.404,
411.816, 412.014, 412.049
Stats. Implemented: ORS 411.060,
411.404, 411.700, 411.816, 412.014, 412.049, 414.042
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 30-1990, f. 12-31-90,
cert. ef. 1-1-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 19-1993, f. &
cert. ef. 10-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 13-1994, f. &
cert. ef. 7-1-94; AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94; AFS 13-1995, f. 6-29-95,
cert. ef. 7-1-95; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 3-2000, f. 1-31-00,
cert. ef. 2-1-00; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 15-2006, f. 12-29-06,
cert. ef. 1-1-07; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 8-2008, f. &
cert. ef. 4-1-08; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 30-2013(Temp), f.
& cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0490
Social Security Benefits
Except for SSI (see OAR 461-145-0510) and death benefits remaining after burial costs (see OAR 461-145-0500), Social Security benefits are treated as follows:
(1) Monthly payments are counted as unearned income.
(2) Except as provided in sections (3) and (4) of this rule, all payments other than monthly payments are counted as periodic or lump-sum income (see OAR 461-140-0110 and 461-140-0120).
(3) In the SNAP program, the representative payee fee paid by a client who is required by the Social Security Administration to receive payments through a representative payee is excluded. The amount of the exclusion is limited to the amount authorized by the Social Security Administration.
(4) In the OSIP (except OSIP-EPD), OSIPM (except OSIPM-EPD), and QMB programs:
(a) For the purposes of this section, a payment is retroactive if it is issued in any month after the calendar month for which it is intended.
(b) Retroactive payments are counted as unearned income in the month of receipt except as provided in subsection (c) of this section.
(c) When retroactive payments are made through the representative payee of an individual who is required to have a representative payee because of drug addiction or alcoholism, the retroactive payments may be required to be made in installments. If the payments are made in installments, the total of the benefits to be paid in installments is considered unearned income in the month in which the first installment is made.
(d) Any remaining amount from a retroactive payment after the month of receipt is counted as an excluded resource for nine calendar months following the month in which the payment is received. After the nine-month period, any remaining amount is a countable resource.
Stat. Auth.: ORS 409.050, 411.060, 411.816, 412.014, 412.049

Stats. Implemented: ORS 411.060, 411.700, 411.816, 412.014, 412.049, 414.042

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 39-1996(Temp), f. 11-27-96, cert. ef. 12-1-96; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 8-2008, f. & cert. ef. 4-1-08; SSP 17-2008, f. & cert. ef. 7-1-08; SSP 23-2008, f. & cert. ef. 10-1-08
461-145-0500
Social Secuirty Death Benefit
Money remaining from Social Security death benefits after the payment of burial costs is treated as lump-sum income (see OAR 461-140-0120).
Stat. Auth.: ORS 411.060, 411.070, 411.816, 414.042, 418.100

Stats. Implemented: ORS 411.060, 411.070, 411.700, 411.816, 414.042, 418.100

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; SSP 8-2008, f. & cert. ef. 4-1-08
461-145-0505
Spousal Support
(1) In the ERDC, OSIP, OSIPM, QMB, and
REFM programs, spousal support (see OAR 461-001-0000) is counted as unearned income.
(2) In the SNAP program:
(a) Payments made by the
separated or divorced spouse to a third party for the benefit of the financial group
are excluded, except that a payment for which there is a legal obligation to pay
to a member of the financial group that is made to a third party for shelter expenses
of a member of the financial group is counted as unearned income.
(b) Spousal support is counted
as unearned income.
(3) In the REF and TANF programs:
(a) For clients not working
under a TANF JOBS Plus agreement, if the spousal support is received by the Department
or Department of Justice and if continued receipt of the spousal support is reasonably
anticipated, the spousal support is --
(A) Counted as unearned income
when determining eligibility; and
(B) Excluded when determining
the REF and TANF benefit amount.
(b) For clients working under
a TANF JOBS Plus agreement:
(A) Spousal support is excluded
in determining countable income.
(B) Spousal support is excluded
when calculating the TANF portion of the benefit equivalency standards.
(C) Spousal support received
by the client is counted as unearned income when calculating the wage supplement.
(c) Other spousal support
payments (not covered under subsections (a) or (b) of this section) are counted
as unearned income.
Stat. Auth.: ORS 411.060, 411.070, 411.404,
411.816, 412.049
Stats. Implemented: ORS 411.060,
411.070, 411.404, 411.700, 411.816, 412.049
Hist.: AFS 8-1992, f. &
cert. ef. 4-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 2-1994, f. & cert.
ef. 2-1-94; AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94; AFS 29-1994, f. 12-29-94,
cert. ef. 1-1-95; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 9-1997, f. &
cert. ef. 7-1-97; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 8-2008, f. &
cert. ef. 4-1-08; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP
38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0510
SSI
(1) In the ERDC, GA, GAM, and SNAP programs,
if a client is required by law to receive an SSI benefit through a representative
payee, the representative's fee is excluded.
(2) In the ERDC, GA, and
GAM programs:
(a) A monthly SSI payment
is counted as unearned income.
(b) Lump-sum SSI payments
are counted according to OAR 461-140-0120.
(3) In the REF, REFM, and
TANF programs:
(a) SSI monthly and lump-sum
payments are excluded if the recipient will be removed from the financial group
(see OAR 461-110-0530) the month following receipt of the payment.
(b) An SSI lump-sum payment
is excluded in the month received and the next month.
(4) In the SNAP program:
(a) A monthly SSI payment
is counted as unearned income.
(b) A lump-sum SSI payment
is excluded.
(5) In the OSIP (except OSIP-EPD),
OSIPM (except OSIPM-EPD), and QMB programs, a retroactive SSI payment is excluded
for nine months after the month of receipt. After the nine-month period, any remaining
amount is a countable (see OAR 461-001-0000) resource. For the purposes of this
section, a payment is retroactive if it is issued in any month after the calendar
month for which it is intended.
Stat. Auth.: ORS 411.060, 411.070, 411.404,
411.700, 411.816, 412.049
Stats. Implemented: ORS 411.060,
411.070, 411.404, 411.700, 411.816, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 2-1992, f. 1-30-92,
cert. ef. 2-1-92; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 22-1995, f. 9-20-95,
cert. ef. 10-1-95; AFS 39-1996(Temp), f. 11-27-96, cert. ef. 12-1-96; AFS 3-1997,
f. 3-31-97, cert. ef. 4-1-97; AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01; SSP 4-2007,
f. 3-30-07, cert. ef. 4-1-07; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 17-2008,
f. & cert. ef. 7-1-08; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14;
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0520
Stocks, Bonds and Other Securities
(1) Except as provided in section (2) of this rule, the equity value (see OAR 461-001-0000) of mutual funds, and securities, including stocks, bonds, educational savings bonds, and certificates of deposit (CDs), is counted as a resource.
(2) The value of a savings bond issued by the United States Department of the Treasury is excluded during the minimum retention period if the owner has received a denial of a request for a hardship waiver based on financial need.
(3) Interest and dividends on items covered by section (1) of this rule are treated as provided in OAR 461-145-0108.
Stat. Auth.: ORS 411.060, 411.070, 411.816, 414.042, 418.100

Stats. Implemented: ORS 411.060, 411.070, 411.816, 414.042, 418.100

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 8-2008, f. & cert. ef. 4-1-08
461-145-0525
Strikers' Benefits
Strikers' benefits are payments made to strikers by their union, whether or not based on the striker's participation in picketing. Treat these payments as follows:
(1) For all programs except SNAP, count as unearned income.
(2) For SNAP, exclude these payments, unless the striker's current income is higher than their pre-strike income. If so, count as unearned income.
Stat. Auth.: ORS 411.060, 411.070, 411.816, 412.049 & 414.042

Stats. Implemented: ORS 411.060, 411.700, 411.816, 412.049 & 414.042

Hist.: AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
461-145-0530
Tax Refund
Income tax refunds and property tax
refunds, including Elderly Rental Assistance (ERA), are counted as a resource.
Stat. Auth.: ORS 411.060, 411.070, 411.816,
414.042, 412.049
Stats. Implemented: ORS 411.060,
411.070, 411.816, 414.042, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 8-1992, f. & cert. ef. 4-1-92; SSP 29-2003(Temp), f. 10-31-03,
cert. ef. 11-1-03 thru 3-31-04; SSP 6-2004, f. & cert. ef. 4-1-04; SSP 8-2008,
f. & cert. ef. 4-1-08; SSP 9-2008(Temp), f. & cert. ef. 4-1-08 thru 9-26-08;
Administrative correction 10-21-08; SSP 4-2011(Temp), f. & cert. ef. 2-4-11
thru 8-3-11; SSP 17-2011, f. & cert. ef. 7-1-11; SSP 12-2015, f. 3-16-15, cert.
ef. 4-1-15
461-145-0540
Trusts
(1) This section applies to all trust
funds (see OAR 461-001-0000) in the REF, REFM, SNAP, and TANF programs. It also
applies to GA, GAM, OSIP, OSIPM, and QMB for trust funds established before October
1, 1993:
(a) Trust funds are counted
as a resource if the fund is legally available for use by a member of the financial
group (see OAR 461-110-0530) for items covered by program benefits. In the OSIP,
OSIPM, and QMB programs, the amount of the trust that is considered legally available
is the maximum amount that could be distributed to the beneficiary under the terms
of the trust, regardless of whether the trustee exercises his or her authority to
actually make a distribution.
(b) Trust funds are excluded
if the fund is not available for use by a member of the financial group. The financial
group must try to remove legal restrictions on the trust, unless that would cause
an expense to the group.
(c) The part of the fund
available for use for medical expenses covered by the medical program for which
the financial group is eligible is counted.
(2) In the ERDC program,
all trust funds are excluded.
(3) In the OSIP, OSIPM, and
QMB programs, trust funds established on or after October 1, 1993, are treated in
accordance with sections (4) to (10) of this rule. In the GA and GAM programs, trust
funds established on or after October 1, 1993, are treated in accordance with sections
(4) to (8) of this rule.
(4) A trust is considered
established if the financial group used their resources to form all or part of the
trust and if any of the following established a trust, other than by a will:
(a) The client.
(b) The client's spouse.
(c) Any other person, including
a court or administrative body, with legal authority to act in place of or on behalf
of the client or the client's spouse.
(d) Any other person, including
a court or administrative body, acting at the direction or upon the request of the
client or the client's spouse.
(5) If the trust contains
resources or income of another person, only the share attributable to the client
is considered available.
(6) Except as provided in
section (9) of this rule, the following factors are ignored when determining how
to treat a trust:
(a) The purpose for which
the trust was established.
(b) Whether or not the trustees
have or exercise any discretion under the trust.
(c) Any restrictions on when
or if distributions may be made from the trust.
(d) Any restrictions on the
use of distributions from the trust.
(7) If the trust is revocable,
it is treated as follows:
(a) The total value of the
trust is considered a resource available to the client.
(b) A payment made from the
trust to or for the benefit of the client is considered unearned income.
(c) A payment from the trust
other than to or for the benefit of the client is considered a transfer of assets
covered by OAR 461-140-0210 and following.
(8) If the trust is irrevocable,
it is treated as follows:
(a) If, under any circumstances,
the funds transferred into the trust are unavailable to the client and the trustee
has no discretion to distribute the funds to or for the benefit of the client, the
client is subject to a transfer-of-resources penalty as provided in OAR 461-140-0210
and following.
(b) If, under any circumstances,
payments could be made to or on behalf of the client, the share of the trust from
which the payment could be made is considered a resource. A payment from the trust
other than one to or for the benefit of the client is considered a transfer of assets
that may be covered by OAR 461-140-0210.
(c) If, under any circumstances,
income is generated by the trust and could be paid to the client, the income is
unearned income. Payments made for any reason other than to or for the benefit of
the client are considered a transfer of assets subject to disqualification per OAR
461-140-0210.
(d) If any change in circumstance
makes assets (income or resources) from the trust unavailable to the client, the
change is a disqualifying transfer as of the date of the change.
(9) Notwithstanding the provisions
in sections (1) and (3) to (8) of this rule, the following trusts are not considered
in determining eligibility for OSIPM and QMB:
(a) A trust containing the
assets of a client determined to have a disability that meets the SSI criteria that
was created before the client reached age 65, if the trust was established by one
of the following and the state will receive all funds remaining in the trust upon
the death of the client, up to the amount of medical benefits provided on behalf
of the client:
(A) The client's parent.
(B) The client's grandparent.
(C) The client's legal guardian
or conservator.
(D) A court.
(b) A trust established between
October 1, 1993 and March 31, 1995 for the benefit of the client and containing
only the current and accumulated income of the client. The accumulated amount remaining
in the trust must be paid directly to the state upon the death of the client up
to the amount of medical benefits provided on behalf of the client. The trust is
the total income in excess of the income standard for OSIPM. The remaining income
not deposited into the trust is available for the following deductions in the order
they appear prior to applying the patient liability:
(A) Personal-needs allowance.
(B) Community spouse monthly
maintenance needs allowance.
(C) Medicare and other private
medical insurance premiums.
(D) Other incurred medical.
(c) A trust established on
or after April 1, 1995 for the benefit of the client whose income is above 300 percent
of the full SSI standard and containing the current and accumulated income of the
client. The accumulated amount remaining in the trust must be paid directly to the
state upon the death of the client up to the amount of medical assistance provided
on behalf of the client. The trust contains all of the client's income. The income
deposited into the trust is distributed monthly in the following order with excess
amounts treated as income to the individual subject to the rules on transfer of
assets in division 140 of this chapter of rules:
(A) Personal needs allowance
and applicable room and board standard.
(B) Reasonable administrative
costs of the trust, not to exceed a total of $50 per month, including the following:
(i) Trustee fees.
(ii) A reserve for administrative
fees and costs of the trust, including bank service charges, copy charges, postage,
accounting and tax preparation fees, future legal expenses, and income taxes attributable
to trust income.
(iii) Conservatorship and
guardianship fees and costs.
(C) Community spouse and
family monthly maintenance needs allowance.
(D) Medicare and other private
medical insurance premiums.
(E) Other incurred medical
costs as allowed under OAR 461-160-0030 and 461-160-0055.
(F) Contributions to reserves
or payments for child support, alimony, and income taxes.
(G) Monthly contributions
to reserves or payments for the purchase of an irrevocable burial plan with a maximum
value of $5,000.
(H) Contributions to a reserve
or payments for home maintenance if the client meets the criteria of OAR 461-155-0660
or OAR 461-160-0630.
(I) Patient liability not
to exceed the cost of home and community-based care (see OAR 461-001-0030) or nursing
facility services.
(10) This section of the
rule applies to a trust signed on or after July 1, 2006.
(a) Notwithstanding the provisions
of sections (1) and (3) to (8) of this rule, a trust that meets the requirements
of subsection (b) of this section is not considered in determining eligibility for
OSIPM and QMB, except that if the client is age 65 or older when the trust is funded
or a transfer is made to the trust, the transfer may constitute a disqualifying
transfer of assets under OAR 461-140-0210 and following.
(b) This section of the rule
applies to a trust that meets all of the following conditions:
(A) The trust is established
and managed by a non-profit association.
(B) A separate account is
maintained for each beneficiary of the trust, but, for purposes of investment and
management of funds, the trust pools these accounts.
(C) The trust is established
by the client, client's parent, grandparent, or legal guardian or a court for clients
who have disabilities.
(D) Upon the death of the
beneficiary or termination of the trust, the trust pays to the State an amount equal
to the total medical assistance paid on behalf of the beneficiary under the State
plan for Medicaid. The amount paid to the state may be reduced by administrative
costs directly related to administering the sub-trust account of the beneficiary.
(E) The trust contains the
resources or income of a client who has a disability that meets the SSI criteria.
(11) In the GA, GAM, OSIP,
OSIPM, and QMB programs, the provisions of this rule may be waived for an irrevocable
trust if the Department determines that denial of benefits would create an undue
hardship on the client if, among other things:
(a) The absence of the services
requested may result in a life-threatening situation.
(b) The client was a victim
of fraud or misrepresentation.
Stat. Auth: ORS 411.060, 411.070, 411.404,
411.700, 411.816, 412.049
Stats. Implemented: ORS 411.060,
411.070, 411.404, 411.700, 411.816, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 18-1993(Temp), f. & cert. ef. 10-1-93; AFS 29-1993, f.
12-30-93, cert. ef. 1-1-94; AFS 6-1994, f. & cert. ef. 4-1-94; AFS 13-1994,
f. & cert. ef. 7-1-94; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 13-1995,
f. 6-29-95, cert. ef. 7-1-95; AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 13-1997,
f. 8-28-97, cert. ef. 9-1-97; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; AFS 34-2000,
f. 12-22-00, cert. ef. 1-1-01; AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01; AFS 22-2001,
f. & cert. ef. 10-1-01; AFS 5-2002, f. & cert. ef. 4-1-02; AFS 18-2002(Temp),
f. & cert. ef, 11-19-02 thru 5-18-03; SSP 11-2003, f. & cert. ef. 5-1-03;
SSP 16-2003, f. & cert. ef. 7-1-03; SSP 22-2004, f. & cert. ef. 10-1-04;
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06;
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 16-2006(Temp), f. 12-29-06, cert.
ef. 1-1-07 thru 3-31-07; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 10-2007,
f. & cert. ef. 10-1-07; SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09; SSP 17-2013(Temp),
f. & cert. ef. 7-1-13 thru 12-28-13; SSP 26-2013, f. & cert. ef. 10-1-13;
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13,
cert. ef. 1-1-14
461-145-0550
Unemployment Compensation Benefit
In all programs covered by chapter 461 of the Oregon Administrative Rules, unemployment compensation benefits are treated as follows:
(1) Retroactive payments are counted as periodic or lump-sum income (see OAR 461-140-0110 and 461-140-0120).
(2) Disaster Unemployment Assistance is treated as provided in OAR 461-145-0100.
(3) The $25 supplemental payment authorized by the American Recovery and Reinvestment Act of 2009 is excluded from countable (see OAR 461-001-0000) income.
(4) All payments not covered under sections (1) to (3) of this rule are counted as unearned income.
Stat. Auth.: ORS 411.060, 411.070, 411.083, 411.404, 411.816, 412.014 & 412.049

Stats. Implemented: ORS 411.060, 411.083, 411.404, 411.070, 411.816, 412.014 & 412.049

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 1-1991(Temp), f. & cert. ef. 1-2-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 9-1997, f. & cert. ef. 7-1-97; SSP 8-2008, f. & cert. ef. 4-1-08; SSP 3-2009(Temp), f. & cert. ef. 3-3-09 thru 8-30-09; SSP 24-2009, f. & cert. ef. 8-31-09; SSP 35-2009(Temp), f. & cert. ef. 11-24-09 thru 5-23-10; SSP 5-2010, f. & cert. ef. 4-1-10
461-145-0560
Uniform Relocation Act
Reimbursements from the Federal Uniform Relocation Assistance Act (42 U.S.C. 4621-4625) and from the Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4651-4655) are excluded.
Stat. Auth. ORS 411.060, 411.070, 411.816, 412.014, 412.049, 414.042

Stats. Implemented: ORS 411.060, 411.070, 411.700, 411.816, 412.014, 412.049, 414.042

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; SSP 17-2008, f. & cert. ef. 7-1-08
461-145-0570
USDA Meal Reimbursement
(1) A USDA meal reimbursement (see OAR 461-001-0000) is counted as self-employment income, except for the portion excluded in accordance with section (2) of this rule.
(2) The proportionate share of a USDA meal reimbursement for a child in the filing group is excluded.
Stat. Auth.: 411.060, 411.816, 418.100

Stats. Implemented: 411.060, 411.816, 418.100

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07
461-145-0580
Veterans' Benefits
(1) Veterans' benefits, other than the
educational and training and rehabilitation program benefits, are treated as follows:
(a) Except as specified in
sections (2) and (5) of this rule, monthly payments are counted as unearned income.
(b) Other payments are counted
as periodic or lump sum income (see OAR 461-140-0110 and 461-140-0120).
(2) Veterans' benefits that
include aid-and-attendance payments are treated as follows:
(a) For OSIP and OSIPM clients
receiving long-term care or home and community-based care (see OAR 461-001-0030):
(A) When determining eligibility,
the entire veterans' benefit payment is excluded.
(B) When calculating monthly
benefits or patient liability, the entire veterans' benefit payment is counted as
unearned income.
(C) Payments for services
not covered by the Department's programs are excluded.
(D) If the client receives
a payment covering a previous period of eligibility, the client is required to turn
over to the Department the full amount of the payment up to the cost of institutional
and home and community-based care provided to the client during the months covered
by the payment. A client's failure to reimburse the Department in this instance
constitutes an overpayment of public assistance in accordance with OAR 461-195-0501
and 461-195-0521 and ORS 411.640 and 411.690. Any excess veterans' benefit payment
made to the client is counted as lump sum or periodic income.
(b) For all other clients
not covered under subsection (a) of this section:
(A) In the SNAP program,
aid-and-attendance payments used to pay for an attendant are treated as a reimbursement
and excluded (see OAR 461-145-0440). The remaining benefits, if any, are counted
as unearned income.
(B) In the OSIPM and QMB
programs, the aid-and-attendance payments are excluded. The remaining benefits are
counted unless excluded under another rule or another section of this rule.
(C) Reimbursements paid to
the client for costs and services already paid for by the Department are third-party
resources and may be recovered from the client as an overpayment of public assistance
pursuant to OAR 461-195-0501, 461-195-0521, and 461-195-0551. Any unrecovered third-party
resource or payment above the actual cost is counted as lump-sum or periodic income
(see OAR 461-140-0110 and 461-140-0120).
(3) Educational benefits
from the United States Veterans Administration are treated in accordance with OAR
461-145-0150.
(4) A subsistence allowance
from a training and rehabilitation program of the United States Veterans Administration
is treated:
(a) In the SNAP program,
as earned income (see OAR 461-145-0130).
(b) In all other programs,
as unearned income.
(5) The following payments
are excluded:
(a) Payments under 38 USC
1805 to biological children of Vietnam veterans who are born with spina bifida.
(b) Payments under 38 USC
1815 to children with birth defects born to female Vietnam veterans.
Stat. Auth.: ORS 411.060, 411.404, 411.816,
412.014, 412.049
Stats. Implemented: ORS 411.060,
411.404, 411.620, 411.640, 411.690, 411.700, 411.816, 412.014, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 2-1994, f. &
cert. ef. 2-1-94; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 19-1997, f. &
cert. ef. 10-1-97; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; AFS 5-2002, f. &
cert. ef. 4-1-02; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 19-2005, f. 12-30-05,
cert. ef. 1-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 14-2007, f. 12-31-07,
cert. ef. 1-1-08; SSP 5-2009, f. & cert. ef. 4-1-09; SSP 26-2012(Temp), f. &
cert. ef. 7-11-12 thru 1-7-13; SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13; SSP 17-2013(Temp),
f. & cert. ef. 7-1-13 thru 12-28-13; SSP 26-2013, f. & cert. ef. 10-1-13;
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 37-2013, f. 12-31-13,
cert. ef. 1-1-14
461-145-0582
Victims' Assistance
(1) Payments to victims of Nazi persecution covered by Public Law 103 286 and payments to victims of crime under 42 U.SC. 10602 (The Crime Act of 1984) are excluded as income, and amounts retained are excluded as a resource as long as the amounts are not commingled with other funds.
(2) For other types of victims' assistance (not covered by section (1) of this rule):
(a) Payments that are considered a reimbursement (see OAR 461-001-0000) for a lost item are treated as provided in OAR 461-145-0440.
(b) Payments for pain and suffering are treated in the same manner as personal injury settlements under OAR 461-145-0400.
Stat. Auth.: ORS 411.060, 411.070, 411.816, 412.049, 414.042

Stats. Implemented: ORS 411.060, 411.070, 411.700, 411.816, 412.049, 414.042

Hist.: AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95; AFS 16-1996, f. 4-29-96, cert. ef. 5-1-96; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 17-2008, f. & cert. ef. 7-1-08
461-145-0585
Vocational Rehabilitation Payment
(1) Except as provided in section (2) of this rule:
(a) Vocational rehabilitation maintenance payments for food, shelter and clothing are counted as unearned income.
(b) In the SNAP program, a training allowance or stipend from a vocational rehabilitation program is treated as earned income. For all other programs, a training allowance or stipend is treated as unearned income.
(c) Educational income not covered under subsection (b) of this section is treated as provided in OAR 461-145-0150.
(d) Vocational rehabilitation payments for special itemized needs connected with the evaluation, planning or placement activity are treated as a reimbursement (see OAR 461-145-0440). These payments include payments for:
(A) Child care.
(B) Clothing.
(C) Second residence.
(D) Special diet.
(E) Transportation.
(2) Benefits from the United States Veterans Administration are treated as provided in OAR 461-145-0580.
Stat. Auth.: ORS 411.060, 411.070, 411.816, 412.049, 414.042

Stats. Implemented: ORS 411.060, 411.070, 411.816, 412.049, 414.042

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 5-2002, f. & cert. ef. 4-1-02; SSP 8-2008, f. & cert. ef. 4-1-08
461-145-0590
Workers Compensation
(1) For workers compensation payments
received monthly or more frequently:
(a) Except as provided in
subsection (b) of this section, these payments are counted as unearned income.
(b) In the ERDC, REF, REFM,
SNAP, and TANF programs, income from workers compensation is counted as earned income
(see OAR 461-145-0130) if paid to a client who is still employed while recuperating
from an illness or injury.
(2) All workers compensation
payments other than those in section (1) are counted as periodic or lump sum income
(see OAR 461-140-0110 and 461-140-0120).
Stat. Auth.: ORS 411.060, 411.816, 412.049
Stats. Implemented: ORS 411.060,
411.700, 411.816, 412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 30-2013(Temp),
f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0600
Work-Related Capital Assets, Equipment,
and Inventory
(1) As used in this rule:
(a) "Inventory" means goods
that are in stock and available for sale to prospective customers.
(b) "Work-related equipment"
means property essential to the employment or self-employment of a financial group
(see OAR 461-110-0530) member. Examples are a tradesman's tools, a farmer's machinery,
and equipment used to maintain an income-producing vehicle.
(2) A capital asset (see
OAR 461-001-0000), other than work-related equipment (see section (1) of this rule)
and inventory (see section (1) of this rule), is treated as follows:
(a) In the ERDC and GA programs,
the equity value (see OAR 461-001-0000) of a capital asset is treated according
to the rules for the asset.
(b) In the SNAP program,
a capital asset used in a business is excluded as follows:
(A) Non-farm assets are excluded
as long as the financial group is actively engaged in self-employment activities.
(B) Farm assets are excluded
until one year after the date the individual quit self-employment as a farmer.
(c) In the REF, REFM, and
TANF programs:
(A) For a self-employed client
participating in the microenterprise component (see OAR 461-190-0197) of the JOBS
program, the value of a capital asset is excluded.
(B) For all other clients,
the value of a capital asset is counted according to the rules in this division
of rules.
(d) In the OSIP, OSIPM, and
QMB programs, a capital asset is excluded.
(3) Work-related equipment
is treated as follows:
(a) In the EA, ERDC, OSIP,
OSIPM, QMB, and SNAP programs, the equity value of work-related equipment is excluded.
(b) In the GA program, the
value of equipment needed by an individual who has a disability or is blind to complete
a plan for self-support (see OAR 461-135-0708) is excluded as long as the plan is
in effect. For all other equipment, the equity value of the equipment is counted
as a resource, except as provided at OAR 461-145-0250.
(c) In the REF, REFM, and
TANF programs:
(A) For a self-employed client
participating in the microenterprise component of the JOBS program, the equity value
of the equipment is excluded.
(B) For all other clients,
the equity value of the equipment is treated as a resource.
(4) Inventory is treated
as follows:
(a) In the EA, ERDC, OSIP,
OSIPM, QMB, and SNAP programs, inventory is excluded as long as the client is engaged
in self-employment activities.
(b) In the GA program, the
value of inventory needed by an individual who has a disability or is blind to complete
a plan for self-support is excluded, as long as the plan is in effect. For all other
inventory, the equity value of the inventory is counted as a resource.
(c) In the REF, REFM, and
TANF programs:
(A) For a self-employed client
participating in the microenterprise component of the JOBS program, the wholesale
value of inventory remaining at the end of the semi-annual period covered in each
income statement (see OAR 461-190-0197), less encumbrances, is counted as a resource.
(B) For all other clients,
the wholesale value of inventory remaining at the end of a month, less encumbrances,
is counted as a resource.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.404, 411.816, 412.014, 412.049, 413.085, 414.685
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.117, 411.404, 411.816, 412.014, 412.049, 413.085,
414.685, 414.839
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 21-1995, f. 9-20-95,
cert. ef. 10-1-95; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 9-1999, f. &
cert. ef. 7-1-99; SSP 23-2003, f. & cert. ef. 10-1-03; SSP 17-2004, f. &
cert. ef. 7-1-04; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 10-2007, f. &
cert. ef. 10-1-07; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 30-2013(Temp), f.
& cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14;
SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
461-145-0810
Deemed Assets; Overview
For a sponsored noncitizen:
(1) Deemed assets are the portion of the income and resources of an individual not in the financial group (see OAR 461-110-0530) used to determine eligibility and benefit level for a sponsored noncitizen who is a member of the financial group.
(2) To be eligible for benefits, a sponsored noncitizen must provide necessary information about each individual whose assets are deemed to the sponsored noncitizen who is a member of the financial group.
(3) To determine countable assets for deeming, use the policy for the program for which the financial group is applying.
Stat. Auth.: ORS 411.060, 411.816, 412.006, 412.049

Stats. Implemented: ORS 411.060, 411.816, 412.006, 412.049

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10
461-145-0820
Deemed Assets; Noncitizen's Sponsor
(1) An individual or organization may
sponsor the admission of a noncitizen under section 204 of the Immigration and Nationality
Act (8 U.S.C. 1154).
(2) An affidavit of support
(USCIS Form I-864) is the agreement between the sponsor and the United States Citizenship
and Immigration Services in which the sponsor agrees to provide financial support
for the noncitizen so that the noncitizen will not become a public charge.
(3) In all programs except
the ERDC, REF, and REFM programs, the countable assets of an individual sponsor
and the spouse of the sponsor are considered countable assets of the noncitizen
as provided in this section and OAR 461-145-0810 to 461-145-0860. The sponsor's
assets are considered available to the noncitizen whether or not the sponsor lives
in the same household as the noncitizen. The assets of the sponsor's spouse are
considered available only when the spouse lives in the sponsor's household.
(4) OAR 461-145-0830 sets
out situations in which the assets of the sponsor and the spouse of the sponsor
are not counted, as well as how the income deemed available to the noncitizen is
calculated.
(5) The value of the resources
deemed available to each noncitizen is determined as follows:
(a) In all programs except
the OSIPM and SNAP programs, the total value of the countable resources is deemed
to each sponsored noncitizen according to the rules of the program for which the
noncitizen applies.
(b) In the OSIPM program,
an amount equal to the OSIPM (not OSIPM-EPD) program resource standard is deducted
from the total amount of resources deemed to the noncitizen (see OAR 461-160-0015).
If the sponsor lives with a spouse, the two-person standard is deducted.
(c) In the SNAP program only,
$1,500 is deducted from the value. The remaining value is divided by the number
of noncitizens sponsored by the individual or couple. The result is the value of
the resources deemed available to the noncitizen.
Stat. Auth.: ORS 411.060, 411.070, 411.083,
411.404, 411.704, 411.706, 411.816, 412.049, 414.025
Stats. Implemented: ORS 411.060,
411.070, 411.083, 411.404, 411.704, 411.706, 411.816, 412.049, 414.025
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 13-1991, f. &
cert. ef. 7-1-91; AFS 2-1993(Temp), f. & cert. ef. 2-1-93; AFS 5-1993, f. &
cert. ef. 4-1-93; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 2-1994, f. &
cert. ef. 2-1-94; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 17-2000, f. 6-28-00,
cert. ef. 7-1-00; SSP 8-2003(Temp), f. & cert. ef. 4-1-03 thru 6-30-03; SSP
16-2003, f. & cert. ef. 7-1-03; SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09;
SSP 18-2010, f. & cert. ef. 7-1-10; SSP 30-2013(Temp), f. & cert. ef. 10-1-13
thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0830
When to Deem the Assets of a Sponsor
of a Noncitizen
(1) In the ERDC, REF, and REFM programs,
the assets of a sponsor and of a sponsor's spouse are not deemed to the sponsored
noncitizen.
(2) In all programs except
the ERDC, REF, and REFM programs, the assets of a sponsor and the spouse of the
sponsor are considered the assets of the sponsored noncitizen unless at least one
of the following subsections applies:
(a) The sponsor has not signed
a legally binding affidavit of support, for instance USCIS Form I-864 or I-864A;
(b) The sponsor receives
SNAP, SSI, or TANF benefits;
(c) The sponsor is deceased.
The estate of a deceased sponsor is not responsible for the noncitizen;
(d) The sponsored noncitizen
establishes indigence. A sponsored noncitizen establishes indigence if the total
income of the household including in-kind income plus any cash, food, housing, or
other assistance provided by other individuals including the sponsor is:
(A) In the TANF program,
under the countable (see OAR 461-001-0000) income standard.
(B) In the SNAP program,
under 130 percent of the federal poverty level.
(C) In all programs except
the SNAP and TANF programs, not enough for the noncitizen to obtain food and shelter
without program benefits.
(i) If the noncitizen is
living with the sponsor, the indigence exception may not apply and deeming does
apply.
(ii) If the noncitizen is
living apart from the sponsor, the indigence exception applies if the noncitizen
meets all of the following requirements:
(I) The total income (of
all kinds and from all sources, even excluded income) the noncitizen receives is
less than the OSIPM standard for a one-person need group;
(II) The noncitizen does
not receive free room and board; and
(III) The resources (even
excluded resources) available to the noncitizen are under the applicable resource
limit.
(D) Each indigence determination
under this subsection is effective for 12 months and may be renewed for additional
12-month periods.
(e) The sponsored noncitizen
is a battered immigrant spouse, battered immigrant child, immigrant parent of a
battered child or an immigrant child of a battered parent, as long as the battered
noncitizen does not live in the same household as the person responsible for the
battery;
(f) The sponsored noncitizen
does not meet the alien status requirement for the program for which he or she applies;
(g) The sponsored noncitizen
becomes a naturalized citizen;
(h) The sponsored noncitizen
can be credited with 40 qualifying quarters of work; or
(i) The sponsored noncitizen
is under 18 years of age.
(3) In the OSIPM program,
the deeming period is three years after the date of admission, which is the date
the U.S. Bureau of Citizenship and Immigration Services establishes as the date
the noncitizen was admitted for permanent residence. Deeming ends on the last day
of the month that is three years after the date of admission.
(4) In all programs except
the ERDC, OSIPM, REF, REFM, and SNAP programs, the following process is used to
determine the amount of income considered available to the noncitizen from the noncitizen's
sponsor and the spouse of the sponsor. The unearned income of the sponsor and the
sponsor's spouse is added to their countable earned income (see OAR 461-140-0010)
minus earned income deductions.
(5) In the OSIPM program:
(a) The income of the sponsor
or the sponsor's spouse is not counted if any one of the following provisions applies:
(A) The individual is a refugee
admitted to the United States under section 207 of the Immigration and Nationality
Act (INA) (8 USC 1157);
(B) The individual has been
granted asylum under section 208 of the INA (8 USC 1158); or
(C) The individual has become
blind or disabled after admission to the United States.
(b) An amount equal to the
OSIPM (not OSIPM-EPD) program income standard is deducted from the total amount
of income deemed to the noncitizen (see OAR 461-160-0015). If the sponsor lives
with a spouse, the two-person standard is deducted.
(6) In the SNAP program,
each sponsored noncitizen is considered to have the income calculated according
to section (4) of this rule divided by the number of the sponsor's:
(a) Current sponsored noncitizens;
(b) Household members who
receive support from the sponsor; and
(c) Dependents.
Stat. Auth.: ORS 411.060, 411.070, 411.083,
411.404, 411.704, 411.816, 412.049, 414.025
Stats. Implemented: ORS 411.060,
411.070, 411.083, 411.404, 411.704, 411.816, 412.049, 414.025
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 2-1993(Temp), f. & cert. ef. 2-1-93; AFS 5-1993, f. &
cert. ef. 4-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 17-2000, f. 6-28-00,
cert. ef. 7-1-00; SSP 8-2003(Temp), f. & cert. ef. 4-1-03 thru 6-30-03; SSP
16-2003, f. & cert. ef. 7-1-03; SSP 23-2003, f. & cert. ef. 10-1-03; SSP
26-2008, f. 12-31-08, cert. ef. 1-1-09; SSP 18-2010, f. & cert. ef. 7-1-10;
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13,
cert. ef. 1-1-14
461-145-0860
Deemed Assets, Parent of Minor Parent;
TANF
In the TANF program, the assets of the
parents of a minor parent are deemed as follows if they are living together and
the minor parent is under age 18, has never married, and is not legally emancipated.
(1) The resources of the
parents of the minor parent are excluded.
(2) The income of the parents
is deemed to the minor parent when the minor parent and the minor's children live
with the minor's parents.
(3) The income of the parents
of a pregnant minor is deemed to the minor when the minor lives with the parents.
(4) Deemed income is considered
available to the minor parent and the parent's dependent child, or to the pregnant
minor, even if it is not received.
(5) The amount of the deemed
income of the parents is determined as follows:
(a) A $90 earned income deduction
is allowed.
(b) The needs of the parents
and the parents' dependents, living in the same household and not included in the
benefit group, are deducted at the TANF Payment Standard.
(c) Amounts paid to legal
dependents not living in the household are deducted.
(d) Payments of alimony or
child support are deducted.
(e) Any remaining income
is countable deemed income.
Stat. Auth.: ORS 411.060, 412.049
Stats. Implemented: ORS 411.060,
412.049
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 2-1992, f. 1-30-92,
cert. ef. 2-1-92; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 3-1997, f. 3-31-97,
cert. ef. 4-1-97; AFS 9-1997, f. & cert. ef. 7-1-97; SSP 17-2004, f. & cert.
ef. 7-1-04; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 30-2013(Temp),
f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
461-145-0910
Self-Employment; General; Not OSIP,
OSIPM, or QMB
(1) 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 (2) or (3) of this rule. Except
as noted in section (3) of this rule, for all programs except SNAP, when an individual
has established a corporation, determine if the individual is self-employed according
to section (2) of this rule. If the individual has more than one self-employment
business, trade, or profession, the income from each is determined separately.
(2) Except as provided in
OAR 461-145-0250(1), an individual is self-employed for the purposes of this division
of rules if the individual:
(a) Is considered an independent
contractor by the business that employs the individual; or
(b) Meets at least four of
the following criteria:
(A) Is engaged in an enterprise
for the purpose of producing income.
(B) Is responsible for obtaining
or providing a service or product by retaining control over the means and manner
of providing the work or services offered.
(C) Is principally responsible
for the success or failure of the business operation by assuming the necessary business
expenses and profit or loss risks connected with the operation of the business,
and has the authority to hire and fire employees to perform the labor or services.
(D) Is not required to complete
an IRS W-4 form for an employer and is not required to have federal income tax or
FICA payments withheld from a pay check.
(E) Is not covered under
an employer's liability or workers' compensation insurance policy.
(3) Notwithstanding section
(2) of this rule:
(a) Homecare Workers (see
OAR 411-031-0020) paid by the Department are not self-employed.
(b) Child care providers
(see OAR 461-165-0180) paid by the Department, adult foster home providers (see
OAR 411-050-0602) paid by the Department, realty agents, and individuals who sell
plasma, redeem beverage containers, pick mushrooms for sale, or engage in similar
enterprises are considered to be self-employed.
(4) In the ERDC, REF, SNAP,
and TANF programs, self-employment income, including income from a microenterprise
(see OAR 461-001-0000), is counted prospectively to determine eligibility (see OAR
461-001-0000) as follows:
(a) Self-employment income
is annualized when it is:
(A) Received during less
than a 12-month period but is intended as a full year's income.
(B) From a business that
has operated for a full year and the previous year is representative of what the
income and costs will be during the budget month.
(b) Except in the ERDC program,
self-employment income is treated as anticipated income when a financial group (see
OAR 461-110-0530) begins self-employment and is unable to determine what the income
and costs will be during the budget month.
(5) In the GA program, self-employment
income is considered available upon receipt by a member of the financial group,
except it is prorated over the period of work if the duration of the work exceeds
one month.
(6) In the REFM program:
(a) Self-employment income
is counted only if received in the month of application.
(b) 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.
(7) When determining the
amount of countable (see OAR 461-001-0000) self-employment income, use gross receipts
and sales, including mileage reimbursements, before costs.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.404, 411.816, 412.006, 412.049, 413.085, 414.685
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.404, 411.816, 412.006, 412.049, 413.085, 414.685
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 20-1992, f. 7-31-92,
cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 19-1993, f. &
cert. ef. 10-1-93; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 2-1999, f. 3-26-99,
cert. ef. 4-1-99; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 1-2005(Temp), f. &
cert. ef. 2-1-05 thru 6-30-05; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 5-2005(Temp),
f. & cert. ef. 4-1-05 thru 6-30-05; SSP 7-2005, f. & cert. ef. 7-1-05; SSP
14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 8-2008, f. & cert. ef. 4-1-08; SSP
30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13,
cert. ef. 1-1-14; SSP 11-2015, f. 3-13-15, cert. ef. 4-1-15; SSP 25-2015, f. 9-29-15,
cert. ef. 10-1-15; SSP 29-2015(Temp), f. & cert. ef. 10-1-15 thru 3-28-16
461-145-0915
Self-Employment; General; OSIP,
OSIPM, QMB
(1) For purposes of this rule:
(a) "Business entity" includes
a sole proprietorship, a partnership, and an unincorporated limited liability company.
(b) "Principal" means an
individual with significant authority in a "business entity" (see subsection (a)
of this section), including a sole proprietor, a general partner in a partnership,
or a member or manager of an unincorporated limited liability company.
(2) Notwithstanding any other
sections of this rule:
(a) Homecare workers (see
OAR 411-031-0020) paid by the Department are not self-employed.
(b) Child care providers
(see OAR 461-165-0180) paid by the Department, adult foster home providers (see
OAR 411-050-0602) paid by the Department, realty agents, and individuals who sell
plasma, redeem beverage containers, pick mushrooms for sale, or engage in similar
enterprises are considered self-employed.
(c) Self-employment does
not include non-business activities such as property rentals (see OAR 461-145-0252)
or renting a room out of the financial group’s primary residence (see OAR
461-145-0340).
(3) Self-employment means
active engagement in one's own business, trade, or profession, rather than earning
a salary or wage paid by an employer or maintaining a passive ownership interest
in a business entity. An individual is considered self-employed if the individual
meets the criteria in subsection (2)(b) or section (5) of this rule.
(4) For a principal (see
subsection (1)(b) of this rule) of a corporation or incorporated limited liability
company, payments for working or performing services for the corporation or holding
corporate office are considered wages and counted as earned income (see OAR 461-145-0089
and 461-145-0130).
(5) Except as provided in
OAR 461-145-0089(3), an individual is self-employed for the purposes of this division
of rules if the individual:
(a) Is considered an independent
contractor by the business that employs him or her; or
(b) Meets at least four of
the following criteria:
(A) Is engaged in an enterprise
for the purpose of producing income.
(B) Is responsible for obtaining
or providing a service or product by retaining control over the means and manner
of providing the work or services offered.
(C) Has significant responsibility
for the success or failure of the business operation and has the authority to hire
and fire employees to perform the labor or services.
(D) Is not required to complete
an IRS W-4 form for an employer and is not required to have federal income tax or
FICA payments withheld from a pay check.
(E) Is not covered under
an employer's liability or workers' compensation insurance policy.
(6) For a principal or any
individual with an ownership interest in a business entity who cannot be considered
self-employed using the criteria in this rule:
(a) See OAR 461-145-0089
for individuals who are not actively working in the business entity to determine
how to treat income and resources.
(b) See OAR 461-145-0130
for individuals who are actively working for the business entity but do not have
significant authority or responsibility for its success or failure to determine
how to treat income and OAR 461-145-0089 to determine how to treat resources.
(7) For an individual who
is considered self-employed:
(a) See OAR 461-145-0920
and 461-145-0930 to determine how to treat income from self-employment.
(b) See OAR 461-145-0600
to determine how to treat resources used in self-employment.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.404, 411.706, 413.085, 414.685
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.400, 411.404, 411.706, 413.085, 414.685, 414.839
Hist.: SSP 25-2015, f. 9-29-15,
cert. ef. 10-1-15
461-145-0920
Self-Employment; Costs That Are
Excluded To Determine Countable Income
(1) This rule explains how to determine
which costs are excluded from gross self-employment income.
(2) In all programs except
the OSIP, OSIPM, and QMB programs, unless prohibited by section (4) of this rule,
and subject to the provisions of sections (6) and (7) of this rule and OAR 461-145-0930,
the necessary costs of producing self-employment income are excluded from gross
sales and receipts including, but not limited to:
(a) Labor (wages paid to
an employee or work contracted out).
(b) Materials used to make
a product.
(c) In the SNAP program --
principal and interest paid to purchase income-producing property (see OAR 461-001-0000),
such as real property, equipment, or capital assets. In all other programs, interest
paid to purchase income-producing property, such as equipment or capital assets.
(d) Insurance premiums, taxes,
assessments, and utilities paid on income-producing property.
(e) Service, repair, and
rental of business equipment, including motor vehicles, and property that is owned,
leased, or rented.
(f) Advertisement and business
supplies.
(g) Licenses, permits, legal,
or professional fees.
(h) Transportation costs
at 20 cents per mile, if the cost is part of the business expense. Commuting expenses
to and from the worksite are not part of the business expense.
(i) Charges for telephone
service that are a necessary cost for self-employment.
(j) Meals and snacks provided
by family day care providers for children in their care, except the provider's own
children. The actual cost of the meals is used if the provider can document the
cost. If the provider cannot document the actual cost, the USDA meal reimbursement
rates are used.
(k) Materials purchased for
resale, such as cosmetic products.
(L) For newspaper carriers,
the cost of newspapers, bags, and rubber bands.
(3) In the OSIP, OSIPM, and
QMB programs, unless prohibited by section (5) of this rule, and subject to the
provisions of sections (6) and (7) of this rule and OAR 461-145-0930, the necessary
costs of producing self-employment income are excluded from gross sales and receipts
including, but not limited to:
(a) Advertising.
(b) Car and truck expenses.
(c) Commissions and fees.
(d) Contract labor.
(e) Depletion.
(f) Depreciation.
(g) Employee benefit programs.
(h) Insurance, other than
health.
(i) Mortgage interest.
(j) Legal and professional
services.
(k) Office expenses.
(L) Pension and profit-sharing
plans.
(m) Rent or lease of vehicles,
machinery, equipment, and other business property.
(n) Repairs and maintenance.
(o) Supplies.
(p) Taxes and licenses.
(q) Travel, meals, and entertainment.
(r) Utilities.
(s) Wages, less employment
credits.
(t) Meals and snacks provided
by family day care providers for children in their care, except the provider's own
children. The actual cost of the meals is used if the provider is able to document
the cost. If the provider is unable to document the actual cost, the USDA meal reimbursement
rates are used.
(u) Materials purchased for
resale, such as cosmetic products.
(v) For newspaper carriers,
the cost of newspapers, bags, and rubber bands.
(4) In all programs except
the OSIP, OSIPM, and QMB programs, the following costs are not excluded from gross
sales and receipts:
(a) Business losses from
previous months.
(b) Except in the SNAP program,
payments on the principal of the purchase price of income-producing real estate
and capital assets, equipment, machinery, and other durable goods.
(c) Federal, state, and local
income taxes, draws or salaries paid to any financial group member, money set aside
for personal retirement, and other work-related personal expenses, such as transportation,
personal business, and entertainment expenses.
(d) Depreciation. For purposes
of this section, "depreciation" means a prorated lessening of value assigned to
a capital asset (see OAR 461-001-0000) based on its useful life expectancy and initial
cost.
(e) Costs related to traveling
to another area to seek business when there is no reasonable possibility of deriving
income from the trip.
(f) Interest or fees on personal
credit cards.
(g) Personal telephone charges.
(h) Shelter or utility costs
associated with the individual's home, except as authorized by section (6) of this
rule.
(5) In the OSIP, OSIPM, and
QMB programs, the following costs are not excluded from gross sales and receipts:
(a) Federal, state, and local
income taxes.
(b) Costs related to traveling
to another area to seek business when there is no reasonable possibility of deriving
income from the trip.
(c) Interest or fees on personal
credit cards.
(d) Personal telephone charges.
(e) Shelter or utility costs
associated with the individual's home, except as authorized by section (6) of this
rule.
(6) The exclusions for items
used for both business and personal purposes, such as automobiles and a residence,
including utilities, are limited by the following subsections:
(a) In the ERDC, GA, GAM,
OSIP, OSIPM, and QMB programs, the portion of the expense that is for business use
only is excluded.
(b) In the SNAP program,
costs are excluded for a separate office or shop located on the property used as
a home, if the costs are billed separately from the residence. Costs for other items
used for both business and personal use are excluded.
(7) If no member of the financial
group (see OAR 461-110-0530) has been self-employed for a sufficiently long period
to ascertain the costs of self-employment, the costs may be estimated.
(8) For an individual participating
in the microenterprise component (see OAR 461-190-0197) of the JOBS program, costs
are excluded according to this rule and general accounting principles, as applied
by a certified public accountant, bookkeeping firm, or other entity approved by
the Department.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.404, 411.816, 412.006, 412.049, 413.085, 414.685
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.404, 411.816, 412.006, 412.049, 413.085, 414.685,
414.839
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 13-1991, f. &
cert. ef. 7-1-91; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 1-1993, f. & cert.
ef. 2-1-93; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 23-1994, f. 9-29-94, cert.
ef. 10-1-94; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 42-1996, f. 12-31-96,
cert. ef. 1-1-97; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 4-1998, f. 2-25-98,
cert. ef. 3-1-98; AFS 5-1998(Temp), f. & cert. ef. 3-11-98 thru 5-31-98; AFS
8-1998, f. 4-28-98, cert. ef. 5-1-98; AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98;
AFS 24-1998(Temp), f. 11-30-98, cert. ef. 12-1-98 thru 3-31-99; AFS 25-1998, f.
12-28-98, cert. ef. 1-1-99; AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99; AFS 9-2001,
f. & cert. ef. 6-1-01; SSP 23-2003, f. & cert. ef. 10-1-03; SSP 1-2005(Temp),
f. & cert. ef. 2-1-05 thru 6-30-05; SSP 7-2005, f. & cert. ef. 7-1-05; SSP
4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 30-2013(Temp), f. & cert. ef. 10-1-13
thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 25-2015, f. 9-29-15,
cert. ef. 10-1-15
461-145-0930
Self-Employment; Determination of
Countable Income
(1) The Department initially determines
gross sales and receipts minus any returns and allowances (before excluding or deducting
any costs). This rule explains how different programs exclude and deduct costs from
self-employment gross sales and receipts.
(2) In the ERDC program,
if an individual claims an excludable cost permitted under OAR 461-145-0920, at
least 50 percent of gross self-employment income is excluded. The maximum exclusion
is the total excludable cost under OAR 461-145-0920.
(3) In the GA, OSIP, OSIPM,
QMB, and REFM programs, all costs permitted under OAR 461-145-0920 are excluded.
(4) In the REF program, no
costs are excluded.
(5) In the SNAP program,
if there are any costs permitted under OAR 461-145-0920, there is a deduction of
50 percent of gross self-employment income.
(6) In the TANF program:
(a) For an individual participating
in the microenterprise (see OAR 461-001-0000) component of the JOBS program, costs
are excluded according to 461-145-0920 and general accounting principles, as applied
by a certified public accountant, bookkeeping firm, or other entity approved by
the Department.
(b) For all other individuals,
no costs are subtracted (excluded).
Stat. Auth.: ORS 409.050, 411.060, 411.083,
411.404, 411.706, 411.816, 412.006, 412.009, 412.049 & 414.826
Stats. Implemented: ORS 409.050,
411.060, 411.083, 411.404, 411.706, 411.816, 412.006, 412.009, 412.049 & 414.826
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 9-1997, f. &
cert. ef. 7-1-97; AFS 4-1998, f. 2-25-98, cert. ef. 3-1-98; AFS 5-1998(Temp), f.
& cert. ef. 3-11-98 thru 5-31-98; AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98;
AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98; AFS 24-1998(Temp), f. 11-30-98, cert.
ef. 12-1-98 thru 3-31-99; AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99; AFS 2-1999,
f. 3-26-99, cert. ef. 4-1-99; SSP 23-2003, f. & cert. ef. 10-1-03; SSP 14-2005,
f. 9-30-05, cert. ef. 10-1-05; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 38-2009,
f. 12-31-09, cert. ef. 1-1-10; SSP 32-2010, f. & cert. ef. 10-1-10; SSP 30-2013(Temp),
f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14;
SSP 11-2015, f. 3-13-15, cert. ef. 4-1-15
461-145-0931
Additional Exclusions for Farming Costs; SNAP
In the SNAP program, if gross self-employment income from farming is less than the costs calculated in accordance with OAR 461-145-0920, and the client receives or anticipates receiving annual gross farm income of $1,000 or more, then farming-related costs that exceed self-employment income from farming are allowed as an exclusion from nonfarm self-employment income, other earned income, and unearned income.
Stat. Auth.: ORS 411.060, 411.816, 412.006

Stats. Implemented: ORS 411.060, 411.816, 412.006

Hist.: AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99

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