justicedao/ipfs_state_laws huggingface dataset:
461-140-0270 Disqualification Due to An Asset Transfer; REF, REFM, TANF In the REF, REFM, and TANF programs: (1) A financial group (see OAR 461-110-0530) in which a member is disqualified due to the transfer of an asset is disqualified for the number of months equal to the uncompensated value (see OAR 461-140-0250) divided by the TANF payment standard (see OAR 461-155-0030). (2) The disqualification period starts the date the Department imposes the disqualification by terminating benefits for the period calculated above or, in the case of an applicant, by denying benefits for the same period of time measured from the date of application. Statutory/Other Authority: ORS 409.050, 411.060, 411.404 & 412.049 Statutes/Other Implemented: ORS 409.010, 411.060, 411.404, 411.632 & 412.049 History: SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14 SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07 SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06 AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-140-0300 Adjustments to the Disqualification for Asset Transfer (1) The disqualification imposed under OAR 461-140-0260 is not adjusted once applied in the Supplemental Nutrition Assistance Program (SNAP). (2) In all other programs, the disqualification is voided if the transfer that caused the disqualification is rescinded. The duration of the disqualification is recalculated if the terms of the transfer are modified. Returned assets are included in the eligiblity determination for any previous period during which benefits were denied. (3) In the Oregon Supplemental Income Program (OSIP), Oregon Supplemental Income Program Medical (OSIPM), and Refugee Assistance Medical (REFM) programs, the Department may waive the disqualification if the disqualification would create an undue hardship on the individual. For purposes of this section, the disqualification would create an undue hardship if the requirements of subsections (a) and (b) of this section are met: (a) The individual has no other means for meeting their needs. The individual has the burden of proving that no other means exist by: (A) Exploring and pursuing all reasonable means to recover the assets to the satisfaction of the Department, including legal remedies and consultation with an attorney; and (B) Cooperating with the Department to take action to recover the assets. (b) The disqualification would deprive the individual of: (A) Medical care such that the individual's health or life would be endangered; or (B) Food, clothing, shelter, or other necessities of life without which the health or life of the individual would be endangered. (4) As authorized by ORS 411.620, the Department retains the authority to bring a civil suit or action to set aside a transfer of assets for less than fair market value and may seek recovery of all costs associated with such an action. (5) Notwithstanding the granting of an undue hardship waiver under section (3) of this rule, the Department is not precluded from recovering public assistance or medical assistance from any assets in which the individual held an interest, or in which the individual previously held an interest, at the time the undue hardship waiver was granted. Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816, 412.014 & 412.049 Statutes/Other Implemented: ORS 409.010, 411.060, 411.404, 411.632, 411.816, 412.014 & 412.049 History: SSP 61-2024, amend filed 12/30/2024, effective 01/01/2025 SSP 31-2016, f. & cert. ef. 9-1-16 SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16 SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 27-2013, f. & cert. ef. 10-1-13 SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07 SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06 AFS 26-2000, f. & cert. ef. 10-4-00 AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00 AFS 12-1993, f. & cert. ef. 7-1-93 AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-145-0000 Achieving a Better Life Experience (ABLE) Act (1) In all programs, funds held in ABLE Act accounts are excluded as resources. (2) In all programs except the OSIP, OSIPM, and QMB programs, monies withdrawn from ABLE Act accounts are excluded as income if they are used for Qualified Disability Expenses. For purposes of this rule, "Qualified Disability Expenses" include, but are not limited to, the following: (a) Education; (b) Housing; (c) Transportation; (d) Employment training and support; (e) Assistive technology and personal support services; (f) Health; (g) Prevention and wellness; (h) Financial management and administrative services; (i) Legal fees; (j) Expenses for oversight and monitoring; and (k) Funeral and burial expenses. (3) In all programs except the OSIP, OSIPM, and QMB programs, funds withdrawn from ABLE Act accounts for purposes other than Qualified Disability Expenses (see section (2) of this rule) are counted as unearned income. (4) In the OSIP, OSIPM, and QMB programs, funds withdrawn from ABLE Act accounts for any purpose are excluded as income. Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.083, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685 Statutes/Other Implemented: ORS 178.375, 178.380, 329A.500, 409.010, 411.060, 411.070, 411.083, 411.404, 411.816, 412.014, 412.049, 414.685 & Section 103 of Public Law 113-295 History: SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018 SSP 43-2016, f. 12-7-16, cert. ef. 12-28-16 SSP 26-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16
461-145-0001 Adoption Assistance (1) In all programs except the SNAP and TANF programs, 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 TANF program, adoption assistance is excluded. (3) In the SNAP program, adoption assistance is counted as unearned income. Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619 Statutes/Other Implemented: 411.060, 411.404, 411.816, 412.014, 412.049 & ORS 409.010 History: SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023 SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17 SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07 SSP 22-2004, f. & cert. ef. 10-1-04 SSP 16-2004(Temp), f. & cert. ef. 7-1-04 thru 9-30-04 AFS 24-2001, f. & cert. ef. 11-1-01 AFS 12-1993, f. & cert. ef. 7-1-93 AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92 AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91
461-145-0005 Agent Orange Disability Benefits (1) For all programs except OSIP, OSIPM, and QMB: (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 OSIP, OSIPM, and QMB, all payments made under the Agent Orange Act of 1991 or from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the Agent Orange product liability litigation are excluded. Statutory/Other Authority: ORS 411.060, 411.070, 411.083, 411.404, 411.816 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 411.083, 411.404, 411.816 & 412.049 History: SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17 SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17 SSP 31-2016, f. & cert. ef. 9-1-16 SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16 SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07 AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92 AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
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). Statutory/Other Authority: ORS 411.060, 411.070, 411.816 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.700, 411.816 & 412.049 History: SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07 AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
461-145-0010 Animals (1) Animals that are kept as pets or raised as food for the filing group (see 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-DW 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 (see OAR 461-110-0410) : (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. (c) Animals that are used, kept, or raised for the purpose of self-employment (see OAR 461-145-0600 and OAR 461-145-0915) are excluded. (4) In the QMB-BAS, QMB-SMB, and QMB-SMF programs: (a) All animals are excluded as a resource. (b) If an animal is a source of both food and income for the filing group (see OAR 461-110-0410), the proceeds of any sale of the animal or its products are counted as unearned income. Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.083, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685 Statutes/Other Implemented: ORS 329A.500, 409.050, 409.010, 411.060, 411.070, 411.083, 411.404, 411.706, 411.816, 412.014, 412.049 & 414.839 History: SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018 SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17 SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16 SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15 SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-145-0025 Approved Accounts; OSIPM-EPD In the OSIPM-EPD program: (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. (6) If an individual loses employment (see OAR 461-001-0035) and meets the requirements to remain on OSIPM-EPD under OAR 461-135-0725(2), all money in an approved account held prior to the loss of employment remains excluded as a resource during the period of extended OSIPM-EPD eligibility. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 413.085 & 414.685 Statutes/Other Implemented: ORS 409.010, 411.060, 411.070 & 411.404 History: SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019 SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07 SSP 17-2003, f. & cert. ef. 7-1-03 AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99 AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99
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 OSIPM-ICP 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. Statutory/Other Authority: ORS 411.060, 411.070, 411.816, 414.042 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 411.700, 411.816, 414.042 & 412.049 History: SSP 8-2021, minor correction filed 02/18/2021, effective 02/18/2021 SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08 SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07 AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-145-0035 Black Lung Benefits Black Lung Benefits paid to miners or their survivors under the provisions of the Federal Mine Safety and Health Act are counted as unearned income. Statutory/Other Authority: ORS 411.060, 411.070, 411.083, 411.404, 411.816 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 411.083, 411.404, 411.816 & 412.049 History: SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17 SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17
461-145-0050 Burial Space and Merchandise (1) For the purpose of this rule, burial spaces include conventional gravesites, crypts, mausoleums, urns, niches, burial vaults, 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 gravesite, and the reasonable and necessary improvements or additions to such spaces. Burial merchandise includes, but is not limited to, urns, caskets, liners, headstones, markers, plaques and foundations. (2) In the REF, REFM, SNAP, and TANF programs, the Department excludes as a resource the equity value (see OAR 461-001-0000) of all burial space or merchandise for each member of the financial group (see OAR 461-110-0530), except that for burial space and merchandise that serves the same purpose, only one item per individual is excluded. (3) In the OSIP, OSIPM, and QMB-DW programs, the Department excludes as a resource the equity value (see OAR 461-001-0000) of a burial space and merchandise if owned by the individual and designated for the individual, the spouse (see OAR 461-001-0000) of the individual, minor and adult children, siblings, parents, and the spouse of any of these individuals – except that for burial space and merchandise that serves the same purpose, only one item per individual is excluded. Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085 & 414.619 Statutes/Other Implemented: ORS 409.050, 410.070, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085, 414.619, ORS 409.010, 410.020, 410.080 & 414.117 History: SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023 SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17 SSP 31-2016, f. & cert. ef. 9-1-16 SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16 SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16 SSP 11-2015, f. 3-13-15, cert. ef. 4-1-15 SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14 SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07 SSP 6-2004, f. & cert. ef. 4-1-04 SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04 AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97 AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95 AFS 13-1991, f. & cert. ef. 7-1-91 AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
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. Statutory/Other Authority: ORS 411.060, 411.070, 411.816, 414.042 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 411.700, 411.816, 414.042 & 412.049 History: SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07 AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
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. Statutory/Other Authority: ORS 411.060, 411.404, 411.816 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.404, 411.700, 411.816 & 412.049 History: SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14 Renumbered from 461-145-0070, SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07 SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06 AFS 11-1999, f. & cert. ef. 10-1-99 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-145-0087 Coronavirus Aid, Relief, and Economic Security (CARES) Act (1) In all programs, Recovery Rebate payments authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) are: (a) Excluded assets (OAR 461-001-0000) in the month of receipt, (b) Excluded assets for 12 full months starting with the month following the month of receipt, and (c) After the 12-month period, the remainder is countable (OAR 461-001-0000) as a resource. (2) Federal Pandemic Unemployment Assistance payments authorized by the CARES Act are not Disaster Unemployment Assistance (see OAR 461-145-0100) and are treated as follows: (a) Retroactive payments are counted as periodic or lump-sum income (see OAR 461-140-0110 and 461-140-0120 ), and (b) All other payments are counted as unearned income. (3) Federal Pandemic Unemployment Compensation payments authorized by the CARES Act are treated as follows: (a) For all programs, Federal Pandemic Unemployment Compensation payments are not Disaster Unemployment Assistance (see OAR 461-145-0100). (b) In the GA and OSIPM programs, the payments are excluded assets in the month of receipt. All funds remaining after the month of receipt are a countable resource. (c) In the ERDC, QMB, TANF, and TA-DVS programs, the payments are excluded assets . (d) In the DSNAP and SNAP programs, the payments are excluded assets in the month of receipt and the following nine months. All funds remaining after the exclusion period are a countable resource. (e) In all other programs, (A) Retroactive payments are counted as periodic or lump-sum income (see OAR 461-140-0110 and 461-140-0120 ), and (B) All other payments are counted as unearned income. Statutory/Other Authority: ORS 411.060, 411.070, 411.083, 411.404, 411.816, 412.014 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 411.083, 411.404, 411.816, 412.014 & 412.049 History: SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021 SSP 1-2021, temporary amend filed 01/22/2021, effective 01/25/2021 through 07/23/2021 SSP 33-2020, adopt filed 09/21/2020, effective 10/01/2020 SSP 14-2020, temporary adopt filed 06/16/2020, effective 06/16/2020 through 12/12/2020
461-145-0088 Corporations and Business Entities; Income and Resources; Not OSIP, OSIPM, or QMB Retroactively effective July 6, 2020: (1) The value of stocks or other ownership interest in a corporation is a resource. (2) Resources 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), gross income of a corporation is income of an individual if determined to be self-employment as defined in OAR 461-145-0910(2) and is considered available when the business receives the income. If not self-employment, the income of a corporation is considered income of the business until distributed to the individual. (4) For an expenditure by a business entity or corporation that benefits a principal such as a car or housing payment: (a) The 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. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.816 & 412.049 Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.816 & 412.049 History: SSP 21-2020, amend filed 07/08/2020, effective 07/08/2020 SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17 SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15 SSP 11-2015, f. 3-13-15, cert. ef. 4-1-15 SSP 10-2007, f. & cert. ef. 10-1-07 SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06 AFS 11-1999, f. & cert. ef. 10-1-99