Oregon Administrative Code

461-145-0330 Loans and Interest on Loans (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 …

461-145-0340 Lodger Income (1) Lodger income is the amount a lodger (see OAR 461-001-0000) pays the filing group for room (rent) and board (meals). (2) Lodger income is counted as follows: (a) In the REF, REFM, and TANF programs, lodger income not excluded under OAR 461-155-0350 …

461-145-0343 Manufactured and Mobile Homes (1) Manufactured and mobile homes are treated in the same manner as real property under OAR 461-145-0420. (2) Manufactured and mobile homes are subject to OAR 461-145-0220 and OAR 461-145-0250 if applicable. Statutory/Other Authority: OR…

461-145-0345 Military Income Military income (pay and allowances of a member of a uniformed service) is treated as follows: (1) Except as provided in section (2) of this rule: (a) Military income is counted as earned income of the member's financial group (see OAR 461-110-0530), …

461-145-0348 Mineral Rights; OSIP, OSIPM, QMB (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,…

461-145-0360 Motor Vehicle (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 pre…

461-145-0365 National and Community Services Trust Act (NCSTA), including AmeriCorps (other than AmeriCorps VISTA) (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 esta…

461-145-0370 Older Americans Act (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 exce…

461-145-0375 Paid Leave Oregon (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-…

461-145-0380 Pension and Retirement Plans (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 l…

461-145-0390 Personal Belongings (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 relat…

461-145-0400 Personal Injury Settlement (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 461-125-03…

461-145-0405 Plan for Self-support (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). (2) Assets listed in an approved…

461-145-0410 Program Benefits (1) Emergency Assistance (EA) payments are treated as follows: (a) In the Supplemental Nutrition Assistance Program (SNAP), a payment made directly to the financial group (see OAR 461-110-0530) is counted as unearned income. Dual payee and provider-d…

461-145-0415 Radiation Exposure Compensation Act 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. St…

461-145-0417 Railroad Retirement Payments; OSIP, OSIPM, and QMB Railroad Retirement payments made by the Railroad Retirement Board are counted as unearned income. Statutory/Other Authority: ORS 411.060, 411.070, 411.083, 411.404, 411.816 & 412.049 Statutes/Other Implemented: ORS …

461-145-0420 Real Property (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 O…

461-145-0430 Real Property Excluded under an Interim Assistance Agreement; REF, REFM, and TANF (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-…

461-145-0433 Recreational Vehicles (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 transport…

461-145-0435 Refunds and Rebates (1) In the Oregon Supplemental Income Program Medical (OSIPM) and Qualified Medicare Beneficiaries (QMB) programs: (a) For purposes of this rule, a "health care provider" is defined in accordance with 29 CFR 825.125. (b) Rebates, refunds, and othe…

461-145-0440 Reimbursement (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, …

461-145-0455 Program of Initial Resettlement (PIR), Reception and Placement (R&P) and Welcome Corps Grants (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 a…

461-145-0460 Sale of a Resource (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. (2) In the OSIPM, and…

461-145-0470 Shelter-in-Kind Income (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 i…

461-145-0490 Social Security Benefits 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.…

461-145-0500 Social Secuirty Death Benefit Money remaining from Social Security death benefits after the payment of burial costs is treated as lump-sum income (see OAR 461-140-0120). Statutory/Other Authority: ORS 411.060, 411.070, 411.816, 414.042 & 412.049 Statutes/Other Implem…

461-145-0505 Spousal Support (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 …

461-145-0510 Supplemental Security Income (SSI) (1) In the REF, REFM, SNAP, TA-DVS, and TANF programs, if an individual is required by law to receive a Supplemental Security Income (SSI) benefit through a representative payee, the representative's fee is excluded. (2) In the OSIP…

461-145-0520 Stocks, Bonds and Other Securities (1) Except as provided in sections (2) and (3) of this rule, the equity value (see OAR 461-001-0000) of mutual funds, and securities, including stocks, bonds, educational savings bonds, and certificates of deposit (CDs), is counted …

461-145-0525 Strikers’ Benefits Strikers’ benefits are payments made to strikers by their union, whether or not based on the striker’s participation in picketing. Treat these payments as follows: (1) For all programs except SNAP, count as unearned income. (2) For SNAP, exclude th…

461-145-0530 Tax Refund (1) In all programs except the QMB-BAS, QMB-SMB, and QMB-SMF programs: (a) If received on or after January 1, 2010, federal income tax refunds are excluded from income and resources in the month of receipt and then for 12 full months starting with the mont…

461-145-0540 Trusts (1) This section applies to all trust funds (see OAR 461-001-0000) in the Refugee Assistance (REF), Refugee Assistance Medical (REFM), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) programs. It also applie…

461-145-0550 Unemployment Compensation Benefit In all programs covered by Chapter 461 of the Oregon Administrative Rules, unemployment compensation benefits are treated as follows: (1) Retroactive payments are counted as periodic or lump-sum income (see OAR 461-140-0110 and 461-1…

461-145-0560 Uniform Relocation Act Reimbursements from the Federal Uniform Relocation Assistance Act (42 U.S.C. 4621–4625) and from the Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4651–4655) are excluded. Statutory/Other Authority: ORS 411.060, 411.070, 411.816, 41…

461-145-0570 USDA Meal Reimbursement (1) A USDA meal reimbursement (see OAR 461-001-0000) is counted as self-employment income, except for the portion excluded in accordance with section (2) of this rule. (2) The proportionate share of a USDA meal reimbursement for a child in the…

461-145-0580 Veterans' Benefits (1) Veterans' benefits, other than the educational and training and rehabilitation program benefits, are treated as follows: (a) Except as specified in sections (2), (5), and (6) of this rule, monthly payments are counted as unearned income. (b) Ot…

461-145-0582 Victims’ Assistance (1) Payments to victims of Nazi persecution covered by Public Law 103 286 and payments to victims of crime under 42 U.SC. 10602 (The Crime Act of 1984) are excluded as income, and amounts retained are excluded as a resource as long as the amounts …

461-145-0583 Virtual Currency or Cryptocurrency (1) As used in this rule: (a) “Cryptocurrency” is a type of currency available in virtual or digital form that functions as a medium of exchange with no central banking or regulating authority. (b) “Day trading’ is the buying and se…

461-145-0585 Vocational Rehabilitation Payment (1) Except as provided in section (2) of this rule: (a) Vocational rehabilitation maintenance payments for food, shelter and clothing are counted as unearned income. (b) In the SNAP program, a training allowance or stipend from a voc…

461-145-0590 Workers Compensation (1) For workers compensation payments received monthly or more frequently: (a) Except as provided in subsection (b) of this section, these payments are counted as unearned income. (b) In the REF, REFM, SNAP, and TANF programs, income from workers…

461-145-0600 Work-Related Capital Assets, Equipment, and Inventory (1) As used in this rule: (a) "Inventory" means goods that are in stock and available for sale to prospective customers. (b) "Work-related equipment" means property essential to the employment or self-employment o…

461-145-0810 Deemed Assets; Overview For a sponsored noncitizen: (1) Deemed assets are the portion of the income and resources of an individual not in the financial group (see OAR 461-110-0530) used to determine eligibility and benefit level for a sponsored noncitizen who is a me…

461-145-0820 Deemed Assets; Noncitizen’s Sponsor (1) An individual or organization may sponsor the admission of a noncitizen under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154). (2) An affidavit of support (USCIS Form I-864) is the agreement between the spons…

461-145-0830 When to Deem the Assets of a Sponsor of a Noncitizen and How Income is Deemed (1) In the OSIP, OSIPM, QMB, REF, and REFM programs, the assets (see OAR 461-001-0000) of a sponsor and the spouse (see OAR 461-001-0000) of the sponsor are not deemed to the sponsored nonc…

461-145-0860 Deemed Assets, Parent of Minor Parent; TANF In the TANF program, the assets of the parents of a minor parent are deemed as follows if they are living together and the minor parent is under age 18, has never married, and is not legally emancipated. (1) The resources o…

461-145-0910 Self-Employment; General; Not OSIPM or QMB (1) Self-employment income is income resulting from an individual's business, trade, or profession, rather than from a salary or wage paid by an employer. An individual is considered self-employed if the individual meets the…

461-145-0915 Self-Employment; General; OSIPM, QMB (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 a "business ent…

461-145-0920 Self-Employment; Costs that are Excluded to Determine Countable Income (1) This rule explains how to determine which costs are excluded from gross self-employment income. (2) In all programs except the DSNAP, OSIP, OSIPM, and QMB programs, unless prohibited by sectio…

461-145-0930 Self-Employment; Determination of Countable Income This rule explains how different programs exclude or deduct costs from self-employment gross sales and receipts to determine countable (OAR 461-001-0000) income from self-employment. (1) The Department initially dete…

461-145-0931 Additional Exclusions for Farming Costs; SNAP In the SNAP program, if gross self-employment income from farming is less than the costs calculated in accordance with OAR 461-145-0920, and the client receives or anticipates receiving annual gross farm income of $1,000 …