reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0220 - Home

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Oregon Supplemental Income Program (OSIP), Oregon
			 Supplemental Income Program Medical (OSIPM), Qualified Medicare Beneficiaries
			 (QMB), and Supplemental Nutrition Assistance Program (SNAP), 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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0230 - Housing and Urban Development

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Payments from Housing and Urban
			 Development (HUD) made to a third party on behalf of the individual 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, OSIP, OSIPM, QMB, and SNAP
			 programs, the payments are excluded.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0240 - Income-Producing Sales Contract

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0250 - Income-Producing Property; Not OSIPM or QMB

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0252 - Income-Producing Property; OSIP, OSIPM, and QMB

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0254 - Youth Experiencing Homelessness Program Direct Cash Transfer Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0255 - Youth Transitions Program Subsidies

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0261 - Individual Development Account (IDA)

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0270 - Inheritance

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0280 - In-Kind Income

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 does not apply to
shelter-in-kind
(see OAR
			 461-001-0000) income. (See OAR
			 461-145-0470 for how
shelter-in-kind
income is treated).
(2) In the GA program, for the purposes of
			 determining the housing assistance payment (see OAR
			 461-160-0500),
in-kind
			 income
(see OAR
			 461-001-0000) is
			 excluded.
(3) 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).
(4) 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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0285 - Japanese-American Restitution Payments; OSIP, OSIPM, QMB

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0290 - Job Corps

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0300 - Workforce Innovation and Opportunity Act

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0310 - Life Estate

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0320 - Life Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Benefits paid on a life insurance policy are counted as unearned income in the
			 month received. Except in the QMB-BAS, QMB-SMB, and QMB-SMF programs, any
			 amount retained into the following month is counted as a resource.
(a) 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.
(b) 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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0330 - Loans and Interest on Loans

Current through Register Vol. 63, No. 7, July 1, 2024
(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 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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0340 - Lodger Income

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0343 - Manufactured and Mobile Homes

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0345 - Military Income

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0348 - Mineral Rights; OSIP, OSIPM, QMB

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the OSIP, OSIPM, and QMB programs,
			 "mineral rights" represent ownership interest in natural resources such as
			 coal, oil, or natural gas, which normally are extracted from the
			 ground.
(2) In the OSIP, OSIPM, and
			 QMB-DW programs,
mineral rights
(see section (1) of this rule)
			 are treated as follows:
(a) If the individual
			 owns the property to which the
mineral rights
pertain, the
			 current market value of the property is assumed to include the value of the
mineral rights
and is treated in accordance with OAR
			 461-145-0420.
(b) If the individual does not own the land
			 to which the
mineral rights
pertain, the current market value
			 of the
mineral rights
is counted as a resource.
(c) Income received from
mineral
			 rights
, including compensation paid to the owner for the use or lease
			 of property or natural resources, is considered royalty income and treated in
			 accordance with OAR 461-145-0108.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0360 - Motor Vehicle

Current through Register Vol. 63, No. 7, July 1, 2024
(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, Kelley Blue
			 Book, or similar publication. An individual 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, or a similar
			 publication, the estimate of the value by the individual 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
(see OAR 461-110-0530):
(a) In the REF, REFM, SNAP, and TANF
			 programs, this exclusion is up to $10,000 of the total
equity
			 value
of all vehicles.
(b)
			 Any remaining equity in the total
equity value
of all vehicles
			 is counted as a resource.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0365 - National and Community Services Trust Act (NCSTA), including AmeriCorps (other than AmeriCorps VISTA)

Current through Register Vol. 63, No. 7, July 1, 2024
(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 excluded.
(c) The child care allowance is treated as
			 follows:
(A) For individuals in the REF,
			 REFM, 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 individual already pays the provider. The provider may be paid for
			 only the costs not covered by the allowance.
(B) For individuals 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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0370 - Older Americans Act

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In all
			 programs except the SNAP program, benefits under Title III of the Older
			 Americans Act of 1965 (Nutrition Program for the Elderly) are excluded. In the
			 SNAP program, these benefits are considered unearned income.
(2) In all programs except the SNAP program:
(a) A wage or salary paid 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 under Title V
			 of the Older Americans Act of 1965 that are not a wage or salary are
			 excluded.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0375 - Paid Leave Oregon

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For all
			 programs except REF and TANF programs, payments from Paid Leave Oregon are
			 counted as unearned income.
(2) In
			 the REF and TANF programs, payments from Paid Leave Oregon are counted as one
			 of the following:
(a) Earned income (see OAR
			 461-145-0130) if paid to an
			 individual who is still employed while receiving payments from this
			 program.
(b) Unearned income if no
			 longer employed.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0380 - Pension and Retirement Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(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 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 authorized by section
			 403 of the Internal Revenue Code
			 of 1986 at subsections (a) or (b).
(e) The following retirement plans and
			 annuities 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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0390 - Personal Belongings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Personal belongings are items needed for maintenance and occupancy of the home
			 and personal items found in or near the home that are used on a regular basis,
			 are ordinarily worn or carried by the individual, or otherwise have an intimate
			 relation to the individual. The value of personal belongings is
			 excluded.
(2) Items that otherwise
			 meet the definition of personal belongings but were acquired or are held for
			 their value or as an investment are not personal belongings. The value of such
			 items is counted.
Statutory/Other Authority: 412.049, 413.085, 414.685, ORS
				  329A.500,
				  409.050,
				  411.060,
				  411.816 &
				  412.014
Statutes/Other Implemented: 412.049, ORS
				  329A.500,
				  409.010,
				  411.060,
				  411.816 &
				  412.014
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0400 - Personal Injury Settlement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For all programs, personal injury settlements are treated as follows:
(a) Monthly payments are counted as unearned
			 income.
(b) For individuals in all
			 programs; except individuals eligible for OSIP and OSIPM programs under 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 individuals eligible for OSIP and
			 OSIPM under OAR 461-125-0330(2),
			 461-125-0370(1)(b),
			 and 461-135-0771; 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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0405 - Plan for Self-support

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0410 - Program Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Emergency Assistance (EA) payments are treated as follows:
(a) In the SNAP program, a payment made
			 directly to the
financial group
(see OAR
			 461-110-0530) is counted as
			 unearned income. Dual payee and provider-direct payments are
			 excluded.
(b) In all programs
			 except the SNAP program, these payments are excluded.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0415 - Radiation Exposure Compensation Act

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0417 - Railroad Retirement Payments; OSIP, OSIPM, and QMB

Current through Register Vol. 63, No. 7, July 1, 2024
Railroad Retirement payments made by the Railroad Retirement
				Board are counted as unearned income.
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.083,
				  411.404,
				  411.816,
				  412.049
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.083,
				  411.404,
				  411.816,
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0420 - Real Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes
			 of this rule, manufactured and mobile homes and floating homes and houseboats
			 are treated in the same manner as
real property
(see OAR
			 461-001-0000).
(2) The applicant has the burden of proof of
			 establishing the
fair market value
(see OAR
			 461-001-0000) of
real
			 property
.
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 an Interim Assistance
			 agreement is counted as a resource.
(b) In the EA program,
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 OSIP, OSIPM, and QMB-DW 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
			 individual 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
.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0430 - Real Property Excluded under an Interim Assistance Agreement; REF, REFM, and TANF

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 applies in the REF, REFM, and TANF programs when the equity value (see OAR
			 461-001-0000) of real property
			 (see OAR 461-001-0000) 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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0433 - Recreational Vehicles

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0435 - Refunds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the OSIP,
			 OSIPM, and QMB programs:
(a) Rebates,
			 refunds, and other returns of money an individual did not already pay are
			 counted as unearned income in the month received.
(b) Rebates, refunds, and other returns of
			 money an individual already paid are excluded as income.
(c) Rebates that constitute a return on an
			 individual's investment are treated in accordance with OAR
			 461-145-0108.
(d) Income and property tax refunds are
			 treated in accordance with OAR
			 461-145-0530.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0440 - Reimbursement

Current through Register Vol. 63, No. 7, July 1, 2024
(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 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
.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0455 - Resettlement and Placement (R&P) and Welcome Corps Grants

Current through Register Vol. 63, No. 7, July 1, 2024
(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 three months after arrival, for the
			 refugee's initial resettlement needs and not for ongoing living
			 expenses.
(2) The Welcome Corps is
			 an equivalent program to R&P. A Welcome Corps grant is money raised by a
			 private sponsor group on behalf of a refugee. A Welcome Corps grant is used to
			 help with the costs of initial resettlement of a refugee in the United States.
			 The private sponsor group provides a part of this grant to the refugee, usually
			 in the refugee's first three months after arrival, for the refugee's initial
			 resettlement needs and not for ongoing living expenses.
(3) In the Refugee Assistance (REF), Refugee
			 Assistance Medical (REFM), and Temporary Assistance for Needy Families (TANF)
			 programs, an R&P or Welcome Corps 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.
(4) In the Supplemental Nutrition Assistance
			 Program (SNAP), any amount paid directly to a SNAP household from an R&P or
			 Welcome Corps 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.
(5) In the Oregon Supplemental Income Program
			 Medical (OSIPM), and Qualified Medicare Beneficiaries (QMB) programs, an
			 R&P or Welcome Corps grant determined to be available to the refugee is
			 considered unearned income.
Statutory/Other Authority: ORS
				  411.060,
				  411.116,
				  411.404,
				  411.816 &
				  412.049
Statutes/Other Implemented: ORS
				  411.060,
				  411.116,
				  411.404,
				  411.816,
				  412.049,
				  411.070,
				  412.006 & 45 CFR 400
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0460 - Sale of a Resource

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the
			 QMB-BAS, QMB-SMB, and QMB-SMF programs, for the sale of a resource (including a
			 home):
(a) The interest portion of proceeds
			 is counted as unearned income.
(b)
			 The principal portion of proceeds is excluded as income.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0470 - Shelter-in-Kind Income

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (2) of this rule:
(a) In
			 the GA program, for the purposes of determining the housing assistance payment
			 (see OAR 461-160-0500),
shelter-in-kind
in the form of rent or other housing costs
			 paid by a third party is counted as income.
(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) Unearned
shelter-in-kind
, including payments made to a third party for
			 shelter expenses of the
financial group
(see OAR
			 461-110-0530), is
			 excluded.
(B) Earned
shelter-in-kind income
is treated as follows:
(i) If shelter is provided on the employer's
			 business premises, living at that location is a reasonable expectation of the
			 job duties, and acceptance of the shelter is a condition of employment with no
			 option to accept the value of the shelter in money, the
shelter-in-kind
			 income
is excluded.
(ii)
			 Except as provided in subparagraph (i) of this paragraph, the
fair
			 market value
(see OAR
			 461-001-0000) of the shelter or
			 the amount of any payment made to a third party for shelter expenses of the
financial group
is counted as earned
			 income.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0490 - Social Security Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
Except for Supplemental Security Income (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 REF, REFM, SNAP, TA-DVS, and TANF
			 programs, the representative payee fee paid by an individual 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, OSIPM, and all 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 a drug or alcohol use disorder, 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) Except in the QMB-BAS,
			 QMB-SMB, and QMB-SMF programs, any remaining amount from a retroactive payment
			 after the month of receipt is excluded as a 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
(see OAR
			 461-001-0000)
			 resource.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0500 - Social Secuirty Death Benefit

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0505 - Spousal Support

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the OSIP,
			 OSIPM, and QMB 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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0510 - Supplemental Security Income (SSI)

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0520 - Stocks, Bonds and Other Securities

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  329A.500,
				  409.050,
				  411.060,
				  411.070,
				  411.404,
				  411.706,
				  411.816,
				  412.014,
				  412.049,
				  413.085,
				  414.685
Stats. Implemented: ORS
				  329A.500,
				  409.010,
				  411.060,
				  411.070,
				  411.404,
				  411.706,
				  411.816,
				  412.014,
				  412.049,
				  413.085,
				  414.685