justicedao/ipfs_state_laws huggingface dataset:
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 OSIPM and QMB-DW programs: (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 for in subparagraph (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. Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685 Statutes/Other Implemented: ORS 409.010, 409.050, 410.070, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085, 414.685 & 414.839 History: 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 30-2012, f. 9-28-12, cert. ef. 10-1-12 SSP 10-2007, f. & cert. ef. 10-1-07 SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05 SSP 17-2004, f. & cert. ef. 7-1-04 AFS 10-2002, f. & cert. ef. 7-1-02 AFS 9-1997, f. & cert. ef. 7-1-97 AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97 AFS 2-1994, f. & cert. ef. 2-1-94 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-145-0250 Income-Producing Property; Not OSIPM or QMB (1) In all programs except the REF, REFM, and TANF programs, 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) In the REF, REFM, and TANF programs, income from income producing property is treated in the same manner as self-employment income (see OAR 461-145-0910, 461-145-0920, and 461-145-0930) (3) The equity value (see OAR 461-001-0000) of income-producing property is treated as follows: (a) In the EA program, 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 REF, REFM, and TANF programs, it is counted as a resource. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.083, 411.400, 411.404, 411.816, 412.049, 413.085 & 414.619 Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.083, 411.400, 411.404, 411.816, 412.049, 413.085, 414.619 & ORS 409.010 History: SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023 SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021 SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17 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 25-2015, f. 9-29-15, cert. ef. 10-1-15 SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14 SSP 13-2013, f. & cert. ef. 7-1-13 SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07 SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07 SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06 SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06 SSP 17-2004, f. & cert. ef. 7-1-04 AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00 AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97 AFS 19-1994, f. & cert. ef. 9-1-94 AFS 2-1994, f. & cert. ef. 2-1-94 AFS 12-1993, f. & cert. ef. 7-1-93 AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92 AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-145-0252 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) Except for QMB-BAS, QMB-SMB, and QMB-SMF, 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. Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685 Statutes/Other Implemented: ORS 409.010, 409.050, 410.070, 411.060, 411.070, 411.404, 411.706, 413.085, 414.685 & 414.839 History: SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16 SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15
461-145-0254 Youth Experiencing Homelessness Program Direct Cash Transfer Payments (1) Youth Experiencing Homelessness Program (YEHP) Direct Cash Transfer (DCT) payments are provided to eligible youth 18 to 24 years of age. The payments help youth who are experiencing homelessness to establish housing stability and support successful independent living. (2) In all programs except SNAP, the payments are excluded to determine countable (see OAR 461-001-0000) assets (see OAR 461-001-0000). (3) In the SNAP program, the payments are countable unearned income. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 413.085 & 414.619 Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.706, 411.816, 413.085, 414.619 & 417.799 History: SSP 22-2023, adopt filed 06/26/2023, effective 07/01/2023 SSP 15-2023, temporary adopt filed 04/18/2023, effective 04/18/2023 through 10/03/2023 SSP 14-2023, temporary adopt filed 04/07/2023, effective 04/07/2023 through 10/03/2023
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 Chafee 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. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 7-2018, minor correction filed 02/02/2018, effective 02/02/2018 AFS 22-2002, f. 12-31-02, cert. ef. 1-1-03 AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01 AFS 28-1992, f. & cert. ef. 10-1-92
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 their 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 patient liability calculations (see OAR 461-160-0610), all income deposited into an IDA savings account is counted as earned income. (4) In all programs except the OSIP, OSIPM, and QMB programs, if an individual makes an emergency withdrawal from the IDA savings account, that income is counted as lump-sum income. In the OSIP, OSIPM, and QMB programs, emergency withdrawals from an IDA savings account are excluded. Statutory/Other Authority: ORS 329A.500, 509.050, 411.060, 411.404, 411.700, 411.816, 412.014, 412.049, 413.085 & 414.685 Statutes/Other Implemented: ORS 411.060, 411.700, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685 History: SSP 63-2021, minor correction filed 12/14/2021, effective 12/14/2021 SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17 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) 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). Statutory/Other Authority: ORS 411.060, 411.816 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.816, 412.049, 411.081, 411.085, 411.730 & 411.404 History: SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023 SSP 10-2007, f. & cert. ef. 10-1-07 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
461-145-0285 Japanese-American Restitution Payments; OSIP, OSIPM, QMB In the OSIP, OSIPM, and QMB programs: (1) The following restitution payments are excluded from income and resources: (a) Restitution payments made by the U.S. Government to individual Japanese-Americans, or the spouse or parent of an individual of Japanese ancestry. (b) Payments to a survivor of a deceased recipient under subsection (a) of this section. (c) Restitution payments from the Canadian Government to individual Japanese-Canadians who were interned or relocated during World War II. (2) Interest earned on payments covered by section (1) of this rule is excluded from income and resources. Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685 Statutes/Other Implemented: ORS 409.010, 409.050, 410.020, 410.070, 410.080, 411.060, 411.070, 411.404, 411.706, 413.085, 414.685 & 414.839 History: SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
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. Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.700, 411.816 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.700, 411.816 & 412.049 History: SSP 10-2007, f. & cert. ef. 10-1-07 AFS 131991, f. & cert. ef. 7-1-91 AFS 1-1991(Temp), f. & cert. ef. 1-2-91 AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90 AFS 3-1990(Temp), f. & cert. ef. 1-16-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-145-0300 Workforce Innovation and Opportunity Act Payments to individuals made under Title I-B of the Workforce Innovation and Opportunity Act (WIOA) are treated as provided in this rule. (1) Need-based (stipend) payments are excluded in the REF, REFM, SNAP, and TANF programs. (2) On-the-Job Training (OJT) and work experience payments are counted as earned income, except as follows: (a) In the REF, REFM, and TANF programs, these payments are excluded. (b) The payments are excluded in the SNAP program for an individual 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 a WIOA Youth Employment Program. (3) A support service payment for an item already covered by the benefits of the benefit group (see OAR 461-110-0750) is excluded in the REF, REFM, and TANF programs. In all other programs the support service payment 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. (5) In the SNAP program, if the YouthBuild Program participant is under age 19 and under parental control of another filing group member, the payments are excluded. If the participant is age 19 or older or not under parental control of another filing group member, 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) OJT and work experience payments are treated as earned income. (c) The bonus payment (the incentive payment for attendance) is treated as unearned income. (6) In all programs except the SNAP program, YouthBuild Program payments are excluded. Statutory/Other Authority: 409.050, 411.060, 411.070, 411.404, 411.816, 412.049, 413.085 & 414.685 Statutes/Other Implemented: 409.010, 411.060, 411.070, 411.404, 411.816, 412.049 & 29 USC 3226 History: SSP 53-2023, amend filed 12/21/2023, effective 01/01/2024 SSP 12-2023, amend filed 03/22/2023, effective 04/01/2023 SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018 SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17 SSP 38-2015, f. 12-25-15, cert. ef. 1-1-16 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 10-2007, f. & cert. ef. 10-1-07 AFS 9-2001, f. & cert. ef. 6-1-01 AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98 AFS 2-1994, f. & cert. ef. 2-1-94 AFS 8-1992, f. & cert. ef. 4-1-92 AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-145-0310 Life Estate (1) For all programs except OSIP, OSIPM, and all QMB programs, 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-DW 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. Statutory/Other Authority: ORS 411.060, 411.816 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.700, 411.816 & 412.049 History: SSP 35-2015, f. 12-23-15, cert. ef. 1-1-16 SSP 17-2008, f. & cert. ef. 7-1-08 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 10-1995, f. 3-30-95, cert. ef. 4-1-95 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
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 OSIP, OSIPM, QMB, REF, REFM, and TANF programs, lodger income is treated as self-employment income. (c) In the 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). Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.816 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816 & 412.049 History: 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 15-2014, f. & cert. ef. 7-1-14 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 10-2007, f. & cert. ef. 10-1-07 SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07 SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06 SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05 AFS 9-2001, f. & cert. ef. 6-1-01 AFS 9-1997, f. & cert. ef. 7-1-97 AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97 AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95 AFS 2-1994, f. & cert. ef. 2-1-94 AFS 19-1993, f. & cert. ef. 10-1-93 AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90 AFS 16-1990, f. 6-29-90, cert. ef. 7-1-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
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. Statutory/Other Authority: ORS 411.060, 411.816 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.816 & 412.049 History: 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. Statutory/Other Authority: ORS 411.060, 411.070, 411.816, 414.042 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 411.816, 414.042 & 412.049 History: SSP 10-2007, f. & cert. ef. 10-1-07 SSP 4-2005, f. & cert. ef. 4-1-05