reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 140 - GENERAL FINANCIAL ELIGIBILITY › Section 461-140-0260 - Disqualification Due to a Resource Transfer; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
In the SNAP Program:
(1) A financial group disqualified due to the
			 transfer of a resource (described in OAR
			 461-140-0210 or
			 461-140-0220) is disqualified
			 from receiving benefits starting on the date of the denial of benefits or on
			 the effective date of the closure. The disqualification applies to each
			 individual in the financial group during the month that the disqualifying
			 transfer of resources occurred.
(2)
			 The duration of the disqualification is based on the amount of
uncompensated value
(see OAR
			 461-140-0250) as provided in the
			 following chart: [Table not included. See ED. NOTE.]
Tables referenced are available from the
				  agency.
Stat. Auth.: ORS
				  411.816
Stats. Implemented: ORS
				  411.816
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 140 - GENERAL FINANCIAL ELIGIBILITY › Section 461-140-0263 - Loss of Eligibility Due to Lottery or Gambling Winnings, SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
In the SNAP Program:
(1) A
filing group
(see OAR
			 461-110-0370) shall immediately
			 lose SNAP benefit
eligibility
(see OAR
			 461-001-0000), and be sent
			 proper
decision notice
(see OAR
			 461-001-0000), due to lottery or
			 gambling winnings when an individual in the
filing group
,
			 through a single lottery or gambling game:
(a)
			 Wins a cash prize, and
(b) The
			 amount of the winnings, before taxes or other amounts are withheld, is equal to
			 or in excess of the resource limit listed under subsection (7)(a) of OAR
			 461-160-0015.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 140 - GENERAL FINANCIAL ELIGIBILITY › Section 461-140-0266 - Court Ordered Child Support Exclusion; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
Effective January 19, 2023, in the SNAP program:
(1) Notwithstanding other rules in Chapter
			 461, child support payments made by a member of the filing group, including
			 cash medical support and arrearages, are excluded to determine
countable
(see OAR
			 461-001-0000) income if they
			 meet both of the following:
(a) The child
			 support payments are court ordered.
(b) The
child
(see OAR
			 461-001-0000) for whom the
			 payments are intended to support is not a member of the
filing
			 group
.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 140 - GENERAL FINANCIAL ELIGIBILITY › Section 461-140-0270 - Disqualification Due to An Asset Transfer; REF, REFM, TANF

Current through Register Vol. 63, No. 7, July 1, 2024
In the REF, REFM, and TANF programs:
(1) A financial group (see OAR
			 461-110-0530) in which a member
			 is disqualified due to the transfer of an asset is disqualified for the number
			 of months equal to the uncompensated value (see OAR
			 461-140-0250) divided by the
			 TANF payment standard (see OAR
			 461-155-0030).
(2) The disqualification period starts the
			 date the Department imposes the disqualification by terminating benefits for
			 the period calculated above or, in the case of an applicant, by denying
			 benefits for the same period of time measured from the date of
			 application.
Stat. Auth: ORS
				  409.050,
				  411.060,
				  411.404,
				  412.049
Stats. Implemented: ORS
				  409.010,
				  411.060,
				  411.404,
				  411.632,
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 140 - GENERAL FINANCIAL ELIGIBILITY › Section 461-140-0295 - Length of Disqualification Due to a Resource Transfer; October 1, 1993, through September 30, 1998

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A GA, GAM,
			 OSIP, OSIPM or QMB financial group containing a member disqualified due to the
			 transfer of a resource is disqualified from receiving benefits if the group
			 filed an application for benefits between October 1, 1993, and September 30,
			 1998.
(2) The disqualification
			 period:
(a) Begins the first day of the month
			 the resource was transferred.
(b)
			 Is the number of months equal to the uncompensated value (see OAR
			 461-140-0250) divided by $2,595,
			 rounded down to the next whole number. This calculation applies to the
			 cumulative value of all disqualifying resource transfers made by the client or
			 the client's spouse within the look back period.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 140 - GENERAL FINANCIAL ELIGIBILITY › Section 461-140-0296 - Length of Disqualification Due to an Asset Transfer; Nursing Facility Services or Home and Community-Based Care

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 applies to individuals applying for or receiving Department-paid nursing
			 facility services or
home and community-based care
(see OAR
			 461-001-0030).
(2) An individual who completes a
			 disqualifying transfer of an asset in accordance with OARs
			 461-140-0210,
			 461-140-0220,
			 461-140-0242, and
			 461-140-0250 is disqualified
			 from receiving Department-paid nursing facility services or
home and
			 community-based care
. The length of a disqualification period
			 resulting from the transfer is the number of months equal to the uncompensated
			 value (see OAR 461-140-0250) for the transfer
			 divided by the following dollar amount:
(a) If
			 the
initial month
(see OAR
			 461-001-0000) is prior to
			 October 1, 1998-$2,595.
(b) If the
initial month
is on or after October 1, 1998 and prior to
			 October 1, 2000-$3,320.
(c) If the
initial month
is on or after October 1, 2000 and prior to
			 October 1, 2002-$3,750.
(d) If the
initial month
is on or after October 1, 2002 and prior to
			 October 1, 2004-$4,300.
(e) If the
initial month
is on or after October 1, 2004 and prior to
			 October 1, 2006-$4,700.
(f) If the
initial month
is on or after October 1, 2006 and prior to
			 October 1, 2008-$5,360.
(g) If the
initial month
is on or after October 1, 2008 and prior to
			 October 1, 2010-$6,494.
(h) If the
initial month
is on or after October 1, 2010 and prior to
			 October 1, 2016-$7,663.
(i) If the
initial month
is on or after October 1, 2016 and prior to
			 October 1, 2018--$8,425.
(j) If the
initial month
is on or after October 1, 2018 and prior to
			 October 1, 2020 ---$8,784.
(k) If
			 the
initial month
is on or after October 1, 2020 and prior to
			 October 1, 2022---$9,551.
(l) If
			 the
initial month
is on or after October 1, 2022---
			 $10,342.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 140 - GENERAL FINANCIAL ELIGIBILITY › Section 461-140-0300 - Adjustments to the Disqualification for Asset Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The disqualification imposed under OAR
			 461-140-0260 is not adjusted
			 once applied in the SNAP program.
(2) In all other programs, the
			 disqualification ends if the transfer that caused the disqualification is
			 rescinded. The duration of the disqualification is recalculated if the terms of
			 the transfer are modified.
(3) In
			 the OSIP, OSIPM, and REFM programs, the Department may waive the
			 disqualification if the disqualification would create an undue hardship on the
			 client. For purposes of this section, the disqualification would create an
			 undue hardship if the requirements of subsections (a) and (b) of this section
			 are met:
(a) The client has no other means
			 for meeting his or her needs. The client has the burden of proving that no
			 other means exist by:
(A) Exploring and
			 pursuing all reasonable means to recover the assets to the satisfaction of the
			 Department, including legal remedies and consultation with an attorney; and
(B) Cooperating with the
			 Department to take action to recover the assets.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0000 - Achieving a Better Life Experience (ABLE) Act

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In all programs, funds held in ABLE Act
			 accounts are excluded as resources.
(2) In all programs except the OSIP, OSIPM,
			 and QMB programs, monies withdrawn from ABLE Act accounts are excluded as
			 income if they are used for Qualified Disability Expenses. For purposes of this
			 rule, "Qualified Disability Expenses" include, but are not limited to, the
			 following:
(a) Education;
(b) Housing;
(c) Transportation;
(d) Employment training and
			 support;
(e) Assistive technology
			 and personal support services;
(f)
			 Health;
(g) Prevention and
			 wellness;
(h) Financial management
			 and administrative services;
(i)
			 Legal fees;
(j) Expenses for
			 oversight and monitoring; and
(k)
			 Funeral and burial expenses.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0001 - Adoption Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In all
			 programs except the SNAP and TANF programs,
adoption
			 assistance
(see OAR
			 461-001-0000) is treated as
			 follows:
(a) The portion of
adoption
			 assistance
that is for the special needs of the child is excluded,
			 including needs such as special diet, special clothing, counseling, and medical
			 costs not covered under Title XIX.
(b) The rest of the
adoption
			 assistance
is counted as unearned income.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0005 - Agent Orange Disability Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For all programs except OSIP, OSIPM, and
			 QMB:
(a) Benefits from the Agent Orange
			 Settlement Fund made by Aetna Life and Casualty for settling Agent Orange
			 disability claims are excluded.
(b)
			 Payments made under the Agent Orange Act of 1991, and issued by the U.S.
			 Treasury through the Department of Veterans Affairs, are counted as unearned
			 income.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0008 - Alaska Permanent Fund Dividend

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Alaska Permanent Fund Dividend is
			 issued annually to eligible Alaskan residents who apply for the payment.
			 Out-of-state residents, except military personnel and students who claim Alaska
			 as their residence, are not eligible unless they resided in Alaska and filed
			 for the payment before leaving the state.
(2) Alaska Permanent Fund Dividend payments
			 are counted as lump-sum income (see OAR
			 461-140-0120).
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.816,
				  418.100
Stats. Implemented: ORS
				  411.060,
				  411.700,
				  411.816,
				  418.100
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0010 - Animals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Animals that
			 are kept as pets or raised as food for the filing group (see OAR
			 461-110-0310) are
			 excluded.
(2) The treatment of an
			 animal considered
income-producing property
(see OAR
			 461-001-0000) is covered by the
income-producing property
rules (see OAR
			 461-145-0250 and
			 461-145-0252).
(3) In the OSIP, OSIPM, and QMB-DW programs:
(a) The
fair market value
(see OAR 461-001-0000) of animals that
			 are kept or retained for sale or resale is a
countable
(see
			 OAR 461-001-0000)
			 resource.
(b) If an animal is a
			 source of both food and income for the filing group (see OAR
			 461-110-0410):
(A) The
fair market value
of
			 the animal remains excluded.
(B)
			 The proceeds of any sales of the animal or its products are counted as unearned
			 income.
(c) Animals that
			 are used, kept, or raised for the purpose of self-employment (see OAR
			 461-145-0600 and OAR
			 461-145-0915) are
			 excluded.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0020 - Annuities; Not OSIPM

Current through Register Vol. 63, No. 7, July 1, 2024
Retroactively effective July 6, 2020:
(1) For the purposes of this rule:
(a) "Actuarially sound" means
commercial annuities
(see subsection (d) of this section) that
			 pay principal and interest out in equal monthly installments over the actuarial
			 life expectancy of the annuitant, with no deferral and no balloon payments. For
			 purposes of this definition, the actuarial life expectancy is established by
			 the Periodic Life Table of the Office of the Chief Actuary of the Social
			 Security Administration and, for transactions (including the purchase of an
			 annuity) occurring on or after July 1, 2008, the payout period must be within
			 three months of the actuarial life expectancy, measured at the time of
			 purchase.
(b) An annuity does not
			 include benefits that are set up and accrued in a regularly funded retirement
			 account while an individual is working, whether maintained in the original
			 account or used to purchase an annuity, if the Internal Revenue Service
			 recognizes the account as dedicated to retirement or pension purposes. (The
			 treatment of pension and retirement plans is covered in OAR
			 461-145-0380.)
(c) "Child" means a biological or adoptive
			 child who is:
(A) Under age 21; or
(B) Any age and meets the Social Security
			 Administration criteria for blindness or disability.
(d) "Commercial annuities" means contracts or
			 agreements (not related to employment) by which an individual receives
			 annuitized payments on an investment for a lifetime or specified number of
			 years.
(e) "All programs" does not
			 include the OSIPM program. See OAR
			 461-145-0022 for the OSIPM
			 program. This rule does not apply to the OSIPM program.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0022 - Annuities; OSIPM

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule:
(a) "Actuarially sound"
			 means a commercial annuity which pays principal and interest out in equal
			 monthly installments over the actuarial life expectancy of the annuitant, with
			 no deferral and no balloon payments. For purposes of this definition, the
			 actuarial life expectancy is established by the Periodic Life Table of the
			 Office of the Chief Actuary of the Social Security Administration, and, for
			 transactions (including the purchase of an annuity) occurring on or after July
			 1, 2008, the payout period must be within 12 months of the actuarial life
			 expectancy, measured at the time of purchase.
(b) For an individual, an annuity does not
			 include benefits that are set up and accrued in a regularly funded retirement
			 account while an individual is working, whether maintained in the original
			 account or used to purchase an annuity, if the Internal Revenue Service
			 recognizes the account as dedicated to retirement or pension purposes. (The
			 treatment of pension and retirement plans is covered in OAR
			 461-145-0380.)
(c) The definition of "child" in OAR
			 461-001-0000 does not
			 apply.
(d) "Child" means a
			 biological or adoptive child who is:
(A) Under
			 age 21; or
(B) Any age and meets
			 the Social Security Administration criteria for blindness or
			 disability.
(e)
			 "Commercial annuity" means a contract or agreement (not related to employment)
			 by which an individual receives annuitized payments on an investment for a
			 lifetime or specified number of years.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0025 - Approved Accounts; OSIPM-EPD

Current through Register Vol. 63, No. 7, July 1, 2024
In the OSIPM-EPD program:
(1) All money in an
approved
			 account
(see OAR
			 461-001-0035) is excluded as a
			 resource during the determination of eligibility.
(2) Only money from the client's own earned
			 income, or money contributed from an employer based on earnings, may be
			 deposited into an
approved account
.
(3) A retirement-related
approved
			 account
must be set up in a financial institution and must comply with
			 IRS regulations.
(4) An asset
			 purchased with money from an
approved account
is excluded if
			 the asset is for an
employment and independence expense
(see
			 OAR 461-001-0035).
(5) If money from the
approved
			 account
is used for a purpose not consistent with the definition of
approved account
in OAR
			 461-001-0035, the client will be
			 prohibited from utilizing an
approved account
for the next 12
			 months for the purposes of the determination of eligibility.
(6) If an individual loses
employment
(see OAR
			 461-001-0035) and meets the
			 requirements to remain on OSIPM-EPD under OAR
			 461-135-0725(2),
			 all money in an
approved account
held prior to the loss of
employment
remains excluded as a resource during the period of
			 extended OSIPM-EPD eligibility.
Statutory/Other Authority: ORS
				  409.050,
				  411.060,
				  411.070,
				  411.404,
				  413.085 &
				  414.685
Statutes/Other Implemented: ORS
				  409.010,
				  411.060,
				  411.070 &
				  411.404
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0030 - Bank Account

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in
			 this rule, a bank account includes a money market account and an account in a
			 financial institution (see OAR
			 461-001-0000), except that
			 accounts in financial institutions for stocks, bonds, and certificates of
			 deposit (CDs) are covered in OAR
			 461-145-0520.
(2) Money in a bank account available to one
			 or more members of the financial group (see OAR
			 461-110-0530) is counted as a
			 resource in accordance with OAR
			 461-140-0020, unless it is
			 excluded under this rule or another rule in this chapter of rules.
(3) In each of the following situations,
			 money in a bank account is excluded as a resource:
(a) An approved account if excluded under OAR
			 461-145-0025.
(b) A burial fund if excluded under OAR
			 461-145-0040.
(c) A designated
bank
			 account
for an OSIPM-ICP client if:
(A) The account is designated to receive
			 program benefits by direct deposit through electronic funds transfer;
			 and
(B) The benefit funds are not
			 commingled with other assets of the client.
(d) Funds from excluded income if excluded as
			 a resource under OAR 461-140-0070.
(e) An Individual Education Account if
			 excluded under OAR 461-145-0145.
(f) Money for a plan for self-support if
			 excluded under OAR 461-145-0405.
(g) Proceeds from the sale of a home if
			 excluded as a resource under OAR
			 461-145-0460.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0035 - Black Lung Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
Black Lung Benefits paid to miners or their survivors under the
				provisions of the Federal Mine Safety and Health Act are counted as unearned
				income.
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 461-145-0040 - Burial Arrangements and Burial Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following definitions apply to this
			 rule:
(a) "Burial arrangement" means an
			 agreement with an entity - such as a funeral agreement (which means an
			 arrangement made with a licensed funeral provider), burial insurance, or a
			 burial trust designating a funeral director as the beneficiary that establishes
			 provisions for payment of an individual's burial costs. A "burial arrangement"
			 does not include a burial space, which is covered in OAR
			 461-145-0050, or a
burial fund
(see subsection (b) of this section).
(b) "Burial fund" means an identifiable fund
			 set aside for an individual's burial costs. A "burial fund" does not include a
			 burial space, which is covered in OAR
			 461-145-0050, or a
burial arrangement
(see subsection (a) of this
			 section).
(c) In all programs
			 except OSIP, OSIPM, and QMB-DW, burial insurance is considered a form of life
			 insurance and treated in accordance with OAR
			 461-145-0320.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0050 - Burial Space and Merchandise

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose of this rule, burial
			 spaces include conventional gravesites, crypts, mausoleums, urns, niches,
			 burial vaults, and other repositories that are traditionally used for the
			 remains of deceased individuals. Burial spaces also include headstones and the
			 opening and closing of the gravesite, and the reasonable and necessary
			 improvements or additions to such spaces. Burial merchandise includes, but is
			 not limited to, urns, caskets, liners, headstones, markers, plaques and
			 foundations.
(2) In the REF, REFM,
			 SNAP, and TANF programs, the Department excludes as a resource the
equity value
(see OAR
			 461-001-0000) of all burial
			 space or merchandise for each member of the
financial group
(see OAR 461-110-0530), except that for
			 burial space and merchandise that serves the same purpose, only one item per
			 individual is excluded.
(3) In the
			 OSIP, OSIPM, and QMB-DW programs, the Department excludes as a resource the
equity value
(see OAR
			 461-001-0000) of a burial space
			 and merchandise if owned by the individual and designated for the individual,
			 the
spouse
(see OAR
			 461-001-0000) of the individual,
			 minor and adult children, siblings, parents, and the
spouse
of
			 any of these individuals - except that for burial space and merchandise that
			 serves the same purpose, only one item per individual is excluded.
Statutory/Other Authority: ORS
				  409.050,
				  410.070,
				  411.060,
				  411.070,
				  411.404,
				  411.706,
				  411.816,
				  412.014,
				  412.049,
				  413.085 &
				  414.619
Statutes/Other Implemented: ORS
				  409.050,
				  410.070,
				  411.060,
				  411.070,
				  411.404,
				  411.706,
				  411.816,
				  412.014,
				  412.049,
				  413.085,
				  414.619, ORS
				  409.010,
				  410.020,
				  410.080 &
				  414.117
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0060 - Cash

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the month of
			 receipt, cash is counted as income unless the cash qualifies as excluded income
			 under another rule in Chapter 461.
(2) After the month of receipt, cash
			 (including cash on hand, cash in a safety deposit box, and cash held by others)
			 is counted as a resource, unless the cash qualifies as an excluded resource
			 under another rule in Chapter 461.
(3) Foreign currency that can be converted to
			 U.S. currency is treated in the same manner as cash under this rule. The value
			 of foreign currency is its value in U.S. currency, determined by the current
			 exchange rate.
(4) The treatment of
			 a check is based on the source of the funds.
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.816,
				  414.042,
				  418.100
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.700,
				  411.816,
				  414.042,
				  418.100
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0080 - Child Support and Cash Medical Support

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Child support and cash medical support
			 paid by a non-custodial parent for a
dependent child
(see OAR
			 461-001-0000) or
minor
			 parent
(see OAR
			 461-001-0000) in the
financial group
(see OAR
			 461-110-0530) are considered
			 income of the
dependent child
or
minor
			 parent
, whether the support is paid voluntarily or in accordance with
			 an order to pay child support.
(2)
			 For the purposes of this rule:
(a) "Absent
			 parent" means a
parent
(see OAR
			 461-001-0000) whose parental
			 rights have not been legally severed or a stepparent currently
legally
			 married
(see OAR
			 461-001-0000) to a
parent
of a
child
(see OAR
			 461-001-0000) who does not live
			 in the same household as the
child
.
(b) "Disregard" means child support, up to
			 $50 per
dependent child
or
minor parent
per
financial group
per month and not to exceed $200 per
financial group
per month, that is not counted as income of
			 the individual. "Disregard" includes current child support only.
(c) "Pass-through" means child support, up to
			 $50 per
dependent child
or
minor parent
per
financial group
per month and not to exceed $200 per
financial group
per month, that is sent to the individual
			 before any remaining amount of current child support is withheld by the State.
			 "Pass-through" includes current child support only.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0086 - Contributions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Contributions
are monies, not considered gifts or winnings
			 under OAR 461-145-0210, given voluntarily
			 to a member of a financial group (see OAR
			 461-110-0530) by someone who is
			 not in the group.
(2) In the SNAP
			 program, contributions are counted as unearned income, except that
			 contributions from charitable sources are excluded if all the following are
			 true:
(a) The contribution is from a private,
			 nonprofit charitable organization.
(b) The contribution is based on need.
(c) The contribution does not
			 exceed $300 per quarter.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0087 - Coronavirus Aid, Relief, and Economic Security (CARES) Act

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In all programs, Recovery Rebate payments
			 authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES
			 Act) are:
(a) Excluded
assets
(OAR
			 461-001-0000) in the month of
			 receipt,
(b) Excluded
assets
for 12 full months starting with the month following
			 the month of receipt, and
(c) After
			 the 12-month period, the remainder is
countable
(OAR
			 461-001-0000) as a
			 resource.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0088 - Corporations and Business Entities; Income and Resources; Not OSIP, OSIPM, or QMB

Current through Register Vol. 63, No. 7, July 1, 2024
Retroactively effective July 6, 2020:
(1) The value of stocks or other ownership
			 interest in a corporation is a resource.
(2) Resources of the corporation essential to
			 the employment of an individual are excluded. For instance, if the corporation
			 owns equipment used by the individual to produce income for the corporation,
			 the equipment is an excluded resource. If an individual must own stock in the
			 corporation as a condition of working for the corporation, the stock is an
			 excluded resource.
(3) Except as
			 provided in OAR 461-140-0040(2),
			 gross income of a corporation is income of an individual if determined to be
			 self-employment as defined in OAR
			 461-145-0910(2)
			 and is considered available when the business receives the income. If not
			 self-employment, the income of a corporation is considered income of the
			 business until distributed to the individual.
(4) For an expenditure by a business entity
			 or corporation that benefits a
principal
such as a car or
			 housing payment:
(a) The payment is
			 considered available when the expenditure is made.
(b) For purposes of this rule, a "principal"
			 means an individual with significant authority in a business entity or
			 corporation, including a sole proprietor, a self-employed person (see OAR
			 461-145-0910), a partner in a
			 partnership, a member or manager of a limited liability company, and an officer
			 or principal stockholder of a closely held corporation.
(c) See OAR
			 461-145-0130,
			 461-145-0280, and
			 461-145-0470 for the treatment
			 of earned in-kind income.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0089 - Corporations and Other Business Entities; Income and Resources, Not Self-Employment; OSIP, OSIPM, QMB

Current through Register Vol. 63, No. 7, July 1, 2024
Retroactively effective July 6, 2020, in the OSIP, OSIPM, and
				QMB programs:
(1) For purposes of this
			 rule:
(a) "Business entity" includes a sole
			 proprietorship, a partnership, and an unincorporated limited liability
			 company.
(b) "Principal" means an
			 individual with significant authority in and responsibility for the success or
			 failure of a corporation or "business entity" (see subsection (a) of this
			 section), including:
(A) A sole
			 proprietor.
(B) A general partner
			 in a partnership.
(C) A member or
			 manager of a limited liability company.
(D) An officer or stockholder with
			 controlling shares in a closely-held corporation.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0090 - Disability Benefit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 covers public and private disability benefits, except the following:
(a) Agent Orange disability benefits (covered
			 in OAR 461-145-0005).
(b) Paid Leave Oregon benefits (covered in
			 OAR 461-145-0375).
(c) Radiation Exposure Compensation Act
			 payments (covered in OAR
			 461-145-0415).
(d) Social security based on disability or
			 Supplemental Security Income (SSI) (covered in OAR
			 461-145-0490 and
			 461-145-0510).
(e) Veterans benefits (covered in OAR
			 461-145-0580).
(f) Workers compensation (covered in OAR
			 461-145-0590).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0100 - Disaster Relief

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in
			 this rule:
(a) A major disaster is any
			 natural catastrophe such as a hurricane or drought, or, regardless of cause,
			 any fire, flood or explosion, which the President determines causes damage of
			 sufficient severity and magnitude.
(b) An emergency is any occasion or instance
			 for which the President determines that Federal assistance is needed to
			 supplant State and local efforts and capabilities to save lives and to protect
			 property and public health and safety, or to lessen or avert the threat of a
			 catastrophe.
(c) Disaster
			 Unemployment Assistance is emergency assistance authorized under P.L. 100-107
			 and received by individuals who are unemployed as a result of a major disaster.
			 Individuals receiving Disaster Unemployment Assistance are not eligible for
			 other unemployment compensation and cannot receive both at the same time.
			 Payments are limited to 26 weeks.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0105 - Disqualifying Income; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "TANF
			 disqualifying income" is the portion of a TANF grant lost because of a reason
			 listed in section (2) of this rule. It is determined by finding the difference
			 between the TANF cash payment prior to imposition of the reduction and the
			 payment due after the reduction described in section (2) is imposed. The
			 incentive payment authorized by OAR
			 461-135-0210 is not included in
			 the calculation.
(2) A reduction to
			 a TANF cash payment for any of the following reasons results in TANF
			 disqualifying income:
(a) A failure to pursue
			 assets as required by OAR
			 461-120-0330;
(b) A failure to help the Department obtain
			 child support from a non-custodial parent as required by OAR
			 461-120-0340;
(c) A failure to obtain medical coverage as
			 required by OAR 461-120-0345;
(d) A failure to comply with requirements of
			 the employment programs (see OAR
			 461-130-0330);
(e) A failure to seek treatment for substance
			 abuse or mental health evaluation and treatment under OAR
			 461-135-0085;
(f) An IPV penalty imposed under OAR
			 461-195-0621;
(g) Repayment of a client error (see OAR
			 461-195-0501) overpayment in the
			 TANF program other than the repayment of an overpayment resulting from
			 continuing benefits because of a hearing request;
(h) Repayment of an overpayment in the TANF
			 program that results from an intentional program violation (see OAR
			 461-195-0601).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0108 - Dividends, Interest and Royalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the OSIP, OSIPM, and QMB programs:
(a) Unless otherwise stated in chapter 461 of
			 the Oregon Administrative Rules, dividends and interest earned on mutual funds
			 and securities, including stocks, bonds, educational savings bonds, and
			 certificates of deposit (CDs), are excluded as income. Interest earned on other
			 assets is treated according to the rule for that asset.
(b) Royalties include compensation paid to
			 the owner for the use of property, usually copyrighted material or natural
			 resources, such as coal, oil, or natural gas, which normally are extracted from
			 the ground. Except as provided in paragraphs (A) and (B) of this subsection,
			 royalties are treated as unearned income.
(A)
			 For an individual who is actively working in the trade or business that
			 generates the royalties:
(i) Income is
			 treated as self-employment if self-employment criteria are met (see OAR
			 461-145-0915 regarding
			 self-employment criteria).
(ii)
			 Income that does not meet self-employment criteria is counted as earned income.
(B) Royalties received
			 by an individual in connection with any publication of the individual's work
			 are treated as earned income (see OAR
			 461-145-0130).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0110 - Domestic Volunteer Services Act (VISTA, RSVP) and Small Business Act (SCORE, ACE)

Current through Register Vol. 63, No. 7, July 1, 2024
In all Department programs covered by Chapter 461 of the Oregon
				Administrative Rules, with respect to federal programs under the Domestic
				Volunteers Service Act of 1973 (Pub. L. No. 93 113):
(1) Payments under Title I - VISTA,
			 University Year of Action, and Urban Crime Prevention - are treated as follows:
(a) In the OSIP, OSIPM, and QMB programs,
			 these payments are excluded.
(b) In
			 all programs except the OSIP, OSIPM, QMB, REF, REFM, and TANF programs:
(A) The payments are excluded if the
			 individual is receiving Department program benefits when they join the Title I
			 program. The exclusion of payments continues until the individual has a break
			 in receiving Department benefits of more than one month.
(B) The payments are counted as earned income
			 for individuals who joined the Title I program before applying for Department
			 program benefits.
(c) In
			 the REF, REFM, and TANF programs, the value of the educational award is
			 excluded; all remaining payments count as earned income.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0120 - Earned Income; Defined

Current through Register Vol. 63, No. 7, July 1, 2024
Retroactively effective July 6, 2020:
Earned income is income received in exchange for an
				individual's physical or mental labor. Earned income includes all of the
				following:
(1) Compensation for
			 services performed, including wages, salaries, commissions, tips, sick leave,
			 vacation pay, draws, or the sale of blood or plasma.
(2) Income from on-the-job-training, paid job
			 experience, JOBS Plus work experience, or Welfare-to-Work work
			 experience.
(3) In-kind income,
			 when an individual is an employee of the person providing the in-kind income
			 and the income is in exchange for work performed by the individual, or when
			 received as compensation from self-employment.
(4) For self-employment, gross receipts and
			 sales, including mileage reimbursements, before costs.
(5) In:
(a)
			 The SNAP program,
cafeteria plan
(see OAR
			 461-001-0000) benefits, and
			 funds placed in a flexible spending account.
(b) All programs except the SNAP program,
cafeteria plan
benefits that an employee takes as cash, and
			 funds placed in a flexible spending account.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0130 - Earned Income; Treatment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Earned income (see OAR
			 461-145-0120) is
countable
(see OAR
			 461-001-0000) in determining
eligibility
(see OAR
			 461-001-0000) for programs,
			 subject to the provisions in sections (2) to (9) of this rule.
(2) JOBS Plus income is earned income and is
			 treated as follows:
(a) In the SNAP program:
(A) JOBS Plus income earned by a TANF-PLS
			 (see OAR 461-101-0010) participant:
(i) Is counted in determining initial SNAP
			 program
eligibility
.
(ii) Is excluded in determining ongoing
eligibility
.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0140 - Earned Income Tax Credit (EITC) and Child Tax Credit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) There are federal and state earned income
			 tax credit (EITC) programs for low-income families.
(a) An EITC may be claimed in one of two
			 ways:
(A) At the time an income tax return is
			 filed with the Internal Revenue Service (IRS).
(B) As an advance in the employee's
			 paycheck.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0143 - Economic Recovery Payment

Current through Register Vol. 63, No. 7, July 1, 2024
The $250 economic recovery payment authorized by the American
				Recovery and Reinvestment Act of 2009 is excluded income in the month of
				receipt and an excluded resource in the month of receipt and for the following
				nine months.
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.083,
				  411.404,
				  411.704,
				  411.706,
				  411.816,
				  412.049,
				  414.025,
				  414.826,
				  414.831
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.083,
				  411.404,
				  411.704,
				  411.706,
				  411.816,
				  412.049,
				  414.025,
				  414.826,
				  414.831
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0145 - Educational Account

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Individual Education Account (IEA) is an asset accrued by JOBS Plus
			 participants. The IEA is excluded while it accumulates, while it is saved, and
			 when it is withdrawn for educational purposes.
(2) For purposes of this rule, "educational
			 expenses" are tuition, fees, and other necessary expenses for education at any
			 educational institution. Examples of other necessary expenses for education
			 include books, laboratory fees, student activity fees, transportation,
			 stationary supplies, technology fees, and impairment-related expenses necessary
			 to attend school or perform schoolwork (such as special prosthetic devices
			 necessary to operate school machines or equipment). "Educational expenses" do
			 not include the cost of shelter.
(3) In the OSIP, OSIPM, and QMB-DW programs:
(a) Funds in a Qualified Tuition Programs
			 under Section 529 of the Internal Revenue Code
			 are treated as follows:
(A) They are a
countable
(see OAR
			 461-001-0000) resource to the
			 individual who owns the account.
(B) They are excluded as a resource for the
			 beneficiary, unless the beneficiary is also the owner.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0150 - Educational Income

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Educational
			 income is income designated specifically for educational expenses. To be
			 considered educational income, the income must be received by one of the
			 following:
(a) A student at a recognized
			 institution of post-secondary education. Post-secondary education is education
			 offered primarily to individuals 18 years of age or older. Admission may - but
			 does not necessarily - require a high school diploma or equivalent.
(b) A student at a school for individuals
			 with disabilities.
(c) A student in
			 a vocational education program.
(d)
			 A student in a program that provides for completion of requirements for a
			 secondary school diploma or the equivalent.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0170 - Energy Assistance Payments

Current through Register Vol. 63, No. 7, July 1, 2024
All energy assistance payments or allowances made under any
				federal, state, or local law are excluded as income and as a
				resource.
Statutory/Other Authority: ORS
				  412.014,
				  412.049,
				  413.085,
				  414.685, ORS
				  329A.500,
				  409.050,
				  411.060,
				  411.404 &
				  411.816
Statutes/Other Implemented: ORS
				  412.014,
				  412.049,
				  7 CFR
				  273.9, ORS 329A.500, 409.010, 411.060,
				  411.404 & 411.816
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0175 - Family Abuse Prevention Act (FAPA) Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Family Abuse Prevention Act (FAPA)
			 payments are court-ordered payments to victims of domestic violence made under
			 authority of ORS 107.718(1)(h).
			 A payment is considered available when actually received by the victim of
			 abuse.
(2) For all programs covered
			 by this chapter of rules, the first $2,500 is excluded. The excess above $2,500
			 is counted as a resource.
Stat. Auth.: ORS
				  411.060,
				  411.816 &
				  418.100
Stats. Implemented: ORS
				  411.060,
				  411.816 &
				  418.100
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0184 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.083,
				  411.404,
				  411.816,
				  412.014 &
				  412.049
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.083,
				  411.404,
				  411.816,
				  412.014 &
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0185 - Floating Homes and Houseboats

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Floating homes and houseboats are treated in the same manner as real property
			 under OAR 461-145-0420.
(2) Floating homes and houseboats are subject
			 to OAR 461-145-0220 and
			 461-145-0250 if
			 applicable.
Stat. Auth.: ORS
				  411.060,
				  411.816,
				  418.100
Stats. Implemented: ORS
				  411.060,
				  411.816,
				  418.100
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0190 - Food Programs Other Than the SNAP Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In all programs, the following benefits
			 are excluded:
(a) Benefits from the Special
			 Supplemental Food Program for Women, Infants and Children (WIC), including
			 demonstration projects (coupons exchanged for food at farmers markets) under
			 the Hunger Prevention Act of 1988 ( Pub. L. 100-435,
			 section
			 501).
(b) The value of supplemental food assistance
			 provided to children under the Child Nutrition Act of 1966 ( Pub. L. 89-642)
			 and the National School Lunch Act ( Pub. L. 79-396,
			 section
			 12(e), and Pub. L. 94-105).
(c) Nutrition Assistance program benefits
			 received in Puerto Rico, American Samoa or the Commonwealth of the Northern
			 Marianna Islands.
(d) The value of
			 supplemental food assistance provided for seniors in the Senior Farm Direct
			 Nutrition Program (see OAR
			 333-052-0030) funded by grants
			 from the United States Department of Agriculture.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0200 - Foster Care Payments and Guardianship Assistance Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
Payments for foster care and benefits from the Guardianship
				Assistance program (see OAR
				413-070-0000) are treated as
				follows:
(1) In all programs except
			 the REF, REFM, SNAP, and TANF programs:
(a) If
			 the provider of foster care or the guardian is in the
financial
			 group
(see OAR
			 461-110-0530), the payments or
			 benefits are treated as earned income except that it is excluded in the
			 following situations:
(A) The amount the
			 placement agency identifies as being for room and board, clothing, or personal
			 incidental needs (including recreational expenses) of the individual in foster
			 care is excluded.
(B) The amount
			 designated for special need items of the individual in foster care is
			 excluded.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0210 - Gifts and Winnings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule:
(a) "Gifts" are items
			 given to or received by an individual on or for a special occasion, such as a
			 holiday, birthday, graduation, or wedding. "Gifts" are not given or received on
			 a regular basis.
(b)
"
Winnings" are prizes given to an individual in a contest,
			 game of chance, or similar event. "Winnings" in the form of money may be
			 distributed in different payment frequencies, such as monthly, periodically
			 (such as quarterly), or in a single payment.