Oregon Administrative Code

461-145-0008 Alaska Permanent Fund Dividend (1) The Alaska Permanent Fund Dividend is issued annually to eligible Alaskan residents who apply for the payment. Out-of-state residents, except military personnel and students who claim Alaska as their residence, are not eligible unle…

461-145-0010 Animals (1) Animals that are kept as pets or raised as food for the filing group (see OAR 461-110-0310) are excluded. (2) The treatment of an animal considered income-producing property (see OAR 461-001-0000) is covered by the income-producing property rules (see OAR…

461-145-0020 Annuities; Not OSIPM 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 …

461-145-0022 Annuities; OSIPM (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. F…

461-145-0025 Approved Accounts; OSIPM-EPD In the OSIPM-EPD program: (1) All money in an approved account (see OAR 461-001-0035) is excluded as a resource during the determination of eligibility. (2) Only money from the client's own earned income, or money contributed from an empl…

461-145-0030 Bank Account (1) As used in this rule, a bank account includes a money market account and an account in a financial institution (see OAR 461-001-0000), except that accounts in financial institutions for stocks, bonds, and certificates of deposit (CDs) are covered in …

461-145-0035 Black Lung Benefits Black Lung Benefits paid to miners or their survivors under the provisions of the Federal Mine Safety and Health Act are counted as unearned income. Statutory/Other Authority: ORS 411.060, 411.070, 411.083, 411.404, 411.816 & 412.049 Statutes/Othe…

461-145-0040 Burial Arrangements and Burial Fund (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 b…

461-145-0050 Burial Space and Merchandise (1) For the purpose of this rule, burial spaces include conventional gravesites, crypts, mausoleums, urns, niches, burial vaults, and other repositories that are traditionally used for the remains of deceased individuals. Burial spaces al…

461-145-0060 Cash (1) In the month of receipt, cash is counted as income unless the cash qualifies as excluded income under another rule in Chapter 461. (2) After the month of receipt, cash (including cash on hand, cash in a safety deposit box, and cash held by others) is counted…

461-145-0080 Child Support and Cash Medical Support (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…

461-145-0086 Contributions (1) Contributions are monies, not considered gifts or winnings under OAR 461-145-0210, given voluntarily to a member of a financial group (see OAR 461-110-0530) by someone who is not in the group. (2) In the SNAP program, contributions are counted as un…

461-145-0087 Coronavirus Aid, Relief, and Economic Security (CARES) Act (1) In all programs, Recovery Rebate payments authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) are: (a) Excluded assets (OAR 461-001-0000) in the month of receipt, (b) Excluded…

461-145-0088 Corporations and Business Entities; Income and Resources; Not OSIP, OSIPM, or QMB Retroactively effective July 6, 2020: (1) The value of stocks or other ownership interest in a corporation is a resource. (2) Resources of the corporation essential to the employment of…

461-145-0089 Corporations and Other Business Entities; Income and Resources, Not Self-Employment; OSIP, OSIPM, QMB 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 pa…

461-145-0090 Disability Benefit (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…

461-145-0100 Disaster Relief (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 …

461-145-0105 Disqualifying Income; SNAP (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 th…

461-145-0108 Dividends, Interest and Royalties (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…

461-145-0110 Domestic Volunteer Services Act (VISTA, RSVP) and Small Business Act (SCORE, ACE) 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 …

461-145-0120 Earned Income; Defined 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, co…

461-145-0130 Earned Income; Treatment (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 …

461-145-0140 Earned Income Tax Credit (EITC) and Child Tax Credit (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 Reven…

461-145-0143 Economic Recovery Payment 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. Statutory/Othe…

461-145-0145 Educational Account (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 e…

461-145-0150 Educational Income (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…

461-145-0170 Energy Assistance Payments (1) Except in the Supplemental Nutrition Assistance Program (SNAP), all energy assistance payments or allowances made under any federal, state, or local law are excluded as income and as a resource. (2) In the SNAP program an energy assista…

461-145-0175 Family Abuse Prevention Act (FAPA) Payments (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…

461-145-0184 Filipino Veterans Equity Compensation Fund The Department excludes from income a payment received by a veteran or the spouse of a veteran who served in the military of the Government of the Commonwealth of the Philippines during World War II and made under the Filipi…

461-145-0185 Floating Homes and Houseboats (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. Statutory/Other Authority: ORS 41…

461-145-0190 Food Programs Other Than the SNAP program (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 …

461-145-0200 Foster Care Payments and Guardianship Assistance Benefits 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 provi…

461-145-0210 Gifts and Winnings (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” a…

461-145-0220 Home (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…

461-145-0230 Housing and Urban Development (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 …

461-145-0240 Income-Producing Sales Contract (1) The equity value (see OAR 461-001-0000) of an income-producing sales contract is treated as follows: (a) In the OSIPM and QMB-DW programs: (A) Except for a contract resulting from the sale of a home, that is treated in accordance w…

461-145-0250 Income-Producing Property; Not OSIPM or QMB (1) In all programs except the REF, REFM, and TANF programs, income from income producing property (see OAR 461-001-0000) is counted as follows: (a) If a member of the financial group (see OAR 461-110-0530) actively manages…

461-145-0252 Income-Producing Property; OSIP, OSIPM, and QMB (1) This rule does not apply to personal or real property used in self-employment. See OAR 461-145-0915 to determine what constitutes self-employment and OAR 461-145-0600 to determine how to treat real or personal prope…

461-145-0254 Youth Experiencing Homelessness Program Direct Cash Transfer Payments (1) Youth Experiencing Homelessness Program (YEHP) Direct Cash Transfer (DCT) payments are provided to eligible youth 18 to 24 years of age. The payments help youth who are experiencing homelessnes…

461-145-0255 Youth Transitions Program Subsidies (1) Youth Transitions program subsidies are payments and services provided to children 16 to 20 years of age by the Department. The Youth Transitions program (including the Chafee Housing program) is described at OAR 413-030-0400 t…

461-145-0259 Indian (Native American) Benefits; OSIPM and Medicare Savings Programs (1) The following Indian (Native American) benefits are excluded from income and resources: (a) Indian lands held jointly with the tribe, or land that may not be sold without the approval of the B…

461-145-0260 American Indian and Alaska Native Benefits; Not OSIPM and QMB (1) This rule does not apply to the OSIP, OSIPM, and QMB programs which are treated under OAR 461-145-0259. In this rule, the term “all programs” does not include the OSIP, OSIPM, and QMB programs. In this…

461-145-0261 Individual Development Account (IDA) (1) An Individual Development Account (IDA) is a trust-like savings account established under P.L. 105-285 designed to help low-income individuals save for specified purposes. The individual makes deposits from their earnings, and…

461-145-0270 Inheritance (1) An inheritance may be received in the form of monies, property, or other assets. (2) An inheritance is treated as follows: (a) A noncash inheritance is treated according to the policy for the specific type of asset inherited. (b) A cash inheritance is…

461-145-0280 In-Kind Income (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…

461-145-0285 Japanese-American Restitution Payments; OSIP, OSIPM, QMB In the OSIP, OSIPM, and QMB programs: (1) The following restitution payments are excluded from income and resources: (a) Restitution payments made by the U.S. Government to individual Japanese-Americans, or the…

461-145-0290 Job Corps Job Corps payments are treated as follows: (1) A living allowance payment is counted as earned income. (2) A readjustment allowance payment is treated as follows: (a) In all programs except the SNAP program, this payment is counted as earned income. (b) In …

461-145-0300 Workforce Innovation and Opportunity Act Payments to individuals made under Title I-B of the Workforce Innovation and Opportunity Act (WIOA) are treated as provided in this rule. (1) Need-based (stipend) payments are excluded in the REF, REFM, SNAP, and TANF programs…

461-145-0310 Life Estate (1) For all programs except OSIP, OSIPM, and all QMB programs, if a financial group (see OAR 461-110-0530) is living in real property (see OAR 461-001-0000) while a member holds a life estate (see OAR 461-001-0000) in this property, the property is treate…

461-145-0320 Life Insurance (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 be…