justicedao/ipfs_state_laws huggingface dataset:
461-145-0510 Supplemental Security Income (SSI) (1) In the REF, REFM, SNAP, TA-DVS, and TANF programs, if an individual is required by law to receive a Supplemental Security Income (SSI) benefit through a representative payee, the representative's fee is excluded. (2) In the OSIP, OSIPM, and QMB-DW programs: (a) A retroactive SSI payment is excluded as a resource 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. (b) All SSI payments received by members of the financial group (see OAR 461-110-0530) are counted as unearned income in the month received. (3) In the QMB-BAS, QMB-SMB, and QMB-SMF programs, all SSI payments received by members of the financial group are counted as unearned income in the month received. (4) 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. (5) In the SNAP program: (a) A monthly SSI payment is counted as unearned income. (b) A lump-sum SSI payment is excluded. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.083, 411.404, 411.816, 412.049, 413.085 & 414.619 Statutes/Other Implemented: 409.010, 411.060, 411.070, 411.083, 411.404, 411.816, 412.049, 413.085, 414.619 & 414.117 History: SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023 SSP 35-2022, amend filed 04/28/2022, effective 05/01/2022 SSP 75-2021, temporary amend filed 12/16/2021, effective 12/16/2021 through 06/13/2022 SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018 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 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 17-2008, f. & cert. ef. 7-1-08 SSP 10-2007, f. & cert. ef. 10-1-07 SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07 AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01 AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97 AFS 39-1996(Temp), f. 11-27-96, cert. ef. 12-1-96 AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95 AFS 2-1994, f. & cert. ef. 2-1-94 AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92 AFS 13-1991, f. & cert. ef. 7-1-91 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-145-0520 Stocks, Bonds and Other Securities (1) Except as provided in sections (2) and (3) 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) In the OSIPM and QMB-DW programs, the value of a savings bond issued by the United States Department of the Treasury is excluded during the minimum retention period. (3) In all programs except the OSIPM and QMB-DW programs, 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. (4) Interest and dividends on items covered by section (1) of this rule are treated as provided in OAR 461-145-0108. Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085 & 414.685 Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085 & 414.685 History: SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17 SSP 8-2008, f. & cert. ef. 4-1-08 SSP 4-2005, f. & cert. ef. 4-1-05 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
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. Statutory/Other Authority: ORS 411.060, 411.070, 411.620, 411.630, 411.632, 411.635, 411.630 & 411.816 Statutes/Other Implemented: ORS 411.700 & 411.816 History: AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
461-145-0530 Tax Refund (1) In all programs except the QMB-BAS, QMB-SMB, and QMB-SMF programs: (a) If received on or after January 1, 2010, federal income tax refunds are excluded from income and resources in the month of receipt and then for 12 full months starting with the month following the month of receipt of the refund or payment. All funds remaining after the 12-month period are counted as a resource. (b) If received before January 1, 2010, federal income tax refunds are counted as a resource. (2) In the QMB-BAS, QMB-SMB, and QMB-SMF programs, federal income tax refunds are excluded as income and as a resource. (3) State tax refunds and property tax refunds, including Elderly Rental Assistance (ERA) -- (a) In all programs except the OSIP, OSIPM, and QMB programs, are considered lump-sum income (see OAR 461-001-0000) in the month received, and counted as a resource in the month after the month of receipt. (b) In the OSIP, OSIPM, and QMB-DW programs, are excluded as income in the month received. All funds remaining after the month of receipt are counted as a resource. (c) In the QMB-BAS, QMB-SMB, and QMB-SMF programs, are excluded as income and as a resource. (4) The treatment of federal and state Earned Income Tax Credit payments is covered by OAR 461-145-0140. Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685 Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049 History: SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018 SSP 8-2017, f. 3-17-17, cert. ef. 4-1-17 SSP 12-2015, f. 3-16-15, cert. ef. 4-1-15 SSP 17-2011, f. & cert. ef. 7-1-11 SSP 4-2011(Temp), f. & cert. ef. 2-4-11 thru 8-3-11 Reverted to SSP 8-2008, f. & cert. ef. 4-1-08 SSP 9-2008(Temp), f. & cert. ef. 4-1-08 thru 9-26-08 SSP 8-2008, f. & cert. ef. 4-1-08 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 8-1992, f. & cert. ef. 4-1-92 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
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) All payments not covered under sections (1) and (2) of this rule 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, 411.083, 411.404, 411.070, 411.816, 412.014 & 412.049 History: SSP 44-2016, f. 12-7-16, cert. ef. 1-1-17 SSP 5-2010, f. & cert. ef. 4-1-10 SSP 35-2009(Temp), f. & cert. ef. 11-24-09 thru 5-23-10 SSP 24-2009, f. & cert. ef. 8-31-09 SSP 3-2009(Temp), f. & cert. ef. 3-3-09 thru 8-30-09 SSP 8-2008, f. & cert. ef. 4-1-08 AFS 9-1997, f. & cert. ef. 7-1-97 AFS 13-1991, f. & cert. ef. 7-1-91 AFS 1-1991(Temp), f. & cert. ef. 1-2-91 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
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. Statutory/Other Authority: ORS 411.060, 411.070, 411.816, 412.014, 412.049 & 414.042 Statutes/Other Implemented: ORS 411.060, 411.070, 411.700, 411.816, 412.014, 412.049 & 414.042 History: SSP 17-2008, f. & cert. ef. 7-1-08 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
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. Statutory/Other Authority: 411.060, 411.816 & 412.049 Statutes/Other Implemented: 411.060, 411.816 & 412.049 History: SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07 SSP 4-2005, f. & cert. ef. 4-1-05 AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-145-0582 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. Statutory/Other Authority: ORS 411.060, 411.070, 411.816, 412.049 & 414.042 Statutes/Other Implemented: ORS 411.060, 411.070, 411.700, 411.816, 412.049 & 414.042 History: SSP 17-2008, f. & cert. ef. 7-1-08 SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07 AFS 16-1996, f. 4-29-96, cert. ef. 5-1-96 AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
461-145-0583 Virtual Currency or Cryptocurrency (1) As used in this rule: (a) “Cryptocurrency” is a type of currency available in virtual or digital form that functions as a medium of exchange with no central banking or regulating authority. (b) “Day trading’ is the buying and selling of cryptocurrency within the virtual market. The cryptocurrency market continuously runs because it is a worldwide market. (c) “Mining” is a way to receive cryptocurrency (see subsection (a) of this section) through solving a series of mathematical problems. “Mining” requires a computer, an external hardware setup, and a special computer software program. To receive cryptocurrency through “mining”, multiple people worldwide are attempting to solve a series of complicated mathematical problems via the “mining” software, and each receipt of cryptocurrency could require millions or billions of guesses at mathematical problems. The person to solve the final mathematical problem is the one to receive the cryptocurrency . (d) “Wallet” is a way to store records of cryptocurrency transactions. Each cryptocurrency is assigned a public address, and when stored in a “wallet” the cryptocurrency is assigned a private key for protection. The cryptocurrency public address and private key are stored on a computer, mobile device, internal or external computer hardware, or a piece of paper and protected by private keys. (2) In all programs, cryptocurrency is treated as follows: (a) Cryptocurrency received as a payment from an employer is considered earned income (see OAR 461-145-0130). (b) Cryptocurrency received in exchange for services or products provided may be either considered income from self-employment if the individual meets the self-employed criteria in OAR 461-145-0910(2) or OAR 461-145-0915, or considered earned income . (c) Cryptocurrency received as a gift is treated in the same manner as a gift in the form of money (see OAR 461-145-0210). (d) Cryptocurrency received through mining (see section (1) of this rule) is considered unearned income. (e) Cryptocurrency received through an online casino is considered winnings (see OAR 461-145-0210). (f) In all programs except the QMB-BAS, QMB-SMB, and QMB-SMF programs, the day trading (see section (1) of this rule) value of cryptocurrency is counted as a resource. (A) After the month of receipt, cryptocurrency stored in a wallet (see section (1) of this rule) is counted as a resource. (B) Cryptocurrency stored in a wallet can be converted to liquid assets and follows the availability of resources rule (see OAR 461-140-0020). Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685 Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049 History: SSP 22-2018, adopt filed 06/05/2018, effective 07/01/2018
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. 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 8-2008, f. & cert. ef. 4-1-08 AFS 5-2002, f. & cert. ef. 4-1-02 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
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 REF, REFM, SNAP, and TANF programs, income from workers compensation is counted as earned income (see OAR 461-145-0130) if paid to an individual 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). Statutory/Other Authority: ORS 411.060, 411.816 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.816, 412.049 & 411.083 History: SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023 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 14-2006, f. 9-29-06, cert. ef. 10-1-06 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
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 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. (b) In the REF, REFM, and TANF programs, the value of a capital asset is counted according to the rules in this division of rules (c) In the OSIP, OSIPM, and QMB-DW programs, a capital asset is excluded. (3) Work-related equipment is treated as follows: (a) In the EA, OSIP, OSIPM, QMB-DW, and SNAP programs, the equity value of work-related equipment is excluded. (b) In the REF, REFM, and TANF programs, the equity value of the equipment is treated as a resource. (4) Inventory is treated as follows: (a) In the EA, OSIP, OSIPM, QMB-DW, and SNAP programs, inventory is excluded as long as the individual is engaged in self-employment activities. (b) In the REF, REFM, and TANF programs, the wholesale value of inventory remaining at the end of a month, less encumbrances, is counted as a resource. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619 Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085, 414.619, ORS 409.010, 414.117 & 412.072 History: SSP 19-2024, minor correction filed 03/18/2024, effective 03/18/2024 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 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 25-2015, f. 9-29-15, cert. ef. 10-1-15 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 23-2008, f. & cert. ef. 10-1-08 SSP 10-2007, f. & cert. ef. 10-1-07 SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07 SSP 17-2004, f. & cert. ef. 7-1-04 SSP 23-2003, f. & cert. ef. 10-1-03 AFS 9-1999, f. & cert. ef. 7-1-99 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 8-1992, f. & cert. ef. 4-1-92 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
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. Statutory/Other Authority: ORS 411.060, 411.816, 412.006 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.816, 412.006 & 412.049 History: SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
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 OSIP, OSIPM, QMB, 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 SNAP program, 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 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. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.083, 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.816, 412.049 & 414.025 Statutes/Other Implemented: 409.010, 411.060, 411.070, 411.083, 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.816, 412.049, 414.025 & 8 USC 1183a History: SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023 SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018 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 18-2010, f. & cert. ef. 7-1-10 SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09 SSP 16-2003, f. & cert. ef. 7-1-03 SSP 8-2003(Temp), f. & cert. ef. 4-1-03 thru 6-30-03 AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00 AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97 AFS 2-1994, f. & cert. ef. 2-1-94 AFS 19-1993, f. & cert. ef. 10-1-93 AFS 5-1993, f. & cert. ef. 4-1-93 AFS 2-1993(Temp), f. & cert. ef. 2-1-93 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
461-145-0860 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. Statutory/Other Authority: ORS 411.060 & 412.049 Statutes/Other Implemented: ORS 411.060 & 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 17-2004, f. & cert. ef. 7-1-04 AFS 9-1997, f. & cert. ef. 7-1-97 AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97 AFS 19-1993, f. & cert. ef. 10-1-93 AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92 AFS 13-1991, f. & cert. ef. 7-1-91 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90