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APD Counting Client Assets

B. Specific Types of Assets

Updated 9/29/14

For information on OCCS Medical or self-sufficiency programs, please refer to the Administrative Rules. OCCS Medical programs are located in the 410-200 Chapter and Division of the OAR's. The remaining SSP programs located in the 461 Chapter of the OAR's. OCCS and SSP policy have been removed from this section.

1. Adoption Assistance

Adoption assistance is financial assistance provided to families adopting children with special needs. Adoption assistance may be state or federally funded. Federal adoption assistance is authorized by the Adoption Assistance and Child Welfare Act of 1980 (Public Law 96-272). State adoption assistance is authorized by ORS 418.330 to 418.335.

(1) For all programs except SNAP, treat adoption assistance as follows:

(a) Exclude the entire amount of adoption assistance from Oregon (all adoption assistance in Oregon is for the special needs of the child).

(b) Exclude the portion of adoption assistance that is for the special needs of the child when the adoption assistance is from other states. This includes needs such as special diet, special clothing, counseling, and medical costs not covered under Title XIX. Count the rest of the adoption assistance as unearned income.

(2) For SNAP, adoption assistance is counted as unearned income.

461-145-0001

2. Agent Orange Disability Benefits

(1) For all programs except GA(M):

(a) Benefits from the Agent Orange Settlement Fund made by Aetna Life and Casualty Insurance Company 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.

(2) For GA(M), count all Agent Orange payments as lump-sum income.

461-145-0005

3. Alaska Permanent Fund Dividend

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.

Count Alaska Permanent Fund Dividend payments as lump-sum income.

461-145-0008

4. Animals

(1) Exclude pets and animals raised as food for the financial group.

(2) Treat income-producing animals according to the policy on income-producing property.

461-145-0010

5. Annuities; Not OSIPM

(1) For the purposes of this policy:

(a) For a client, 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 (461-145-0380).

(b) "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.

 (2) An annuity is counted as a resource if:

 (a) The annuity does not make regular payments for a lifetime or specified number of years; or

 (b) The annuity does not qualify for exclusion as a resource under subsection (4)(c) of this policy.

(3) If an annuity is a countable resource under this section, the cash value is equal to the amount of money used to establish the annuity, plus any additional payments used to fund the annuity, plus any earnings, minus any regular payments already received, minus any early withdrawals, and minus any surrender fees.

(4) Commercial annuities and payments from such annuities are counted as follows:

(a) In all programs except OSIPM, and QMB, annuity payments are counted as unearned income to the payee.

(b) In the OSIP and QMB programs:

(A) For a client in a nonstandard living arrangement, if a client or the spouse of a client purchases or transfers an annuity prior to January 1, 2006, the transaction may be a disqualifying transfer. For an annuity that is not disqualifying but meets the criteria of 461-140-0210 or for a client in a standard living arrangement, the annuity payments are counted as unearned income to the payee.

(B) If a client or the spouse of a client purchases an annuity on or after January 1, 2006, the annuity is counted as a resource unless it is excluded under (C) of this subsection.

(C) An annuity described in (B) above is excluded as a resource if the criteria in subparagraphs (i), (ii), and (iii) below are met, except that if an unmarried client is the annuitant, the requirements of subparagraph (iv) must also be met and if a spouse of a client is the annuitant, the requirements of subparagraph (v) must also be met.

(i) The annuity is irrevocable.

(ii) The annuity must be actuarially sound.

(iii) The annuity is issued by a business that is licensed and approved to issue commercial annuities by the state in which the annuity is purchased.

(iv) If an unmarried client is the annuitant, the annuity must specify that upon the death of the client, the first remainder beneficiary is either of the following:

(I) The Department, for all funds remaining in the annuity up to the amount of medical benefits provided on behalf of the client.

(II) The child of the client if the Department is named as the next remainder beneficiary (after this child), up to the amount of medical benefits provided on behalf of the client, in the event that the child does not survive the client.

(v) If a spouse of a client is the annuitant, the annuity must specify that, upon the death of the spouse of the client, the first remainder beneficiaries are either of the following:

(I) The client, in the event that the client survives the spouse; and the Department, in the event that the client does not survive the spouse, for all funds remaining in the annuity up to the amount of medical benefits provided on behalf of the client.

(II) A child of the spouse and the client in the event that this child does not survive the spouse.

(D) If an annuity is excluded under (C) of this subsection, annuity payments are counted as unearned income to the payee.

(c) For OSIPM, see below.

461-145-0020

6. Annuities; OSIPM

(1) For the purposes of this policy:

(a) For a client, 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 (461-145-0380).

(b) "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.

(2) An annuity that does not make regular payments for a lifetime or specified number of years is a resource.

(3) When a client applies for medical benefits, both initially and at periodic redetermination (see 461-115-0050 and 461-115-0430), the client must report any annuity owned by the client or a spouse of the client.

(4) By signing the application for assistance, a client and the spouse of a client agree that the Department, by virtue of providing medical assistance, becomes a remainder beneficiary as described in sections (8) and (10) of this policy, under any commercial annuity purchased on or after February 8, 2006, unless the annuity is included in the community spouse’s resource allowance under 461-160-0580(2)(c).

(5) If the Department is notified about a commercial annuity, the Department will notify the issuer of the annuity about the right of the Department as a preferred remainder beneficiary, as described in sections (8) and (10) below, in the amount of medical assistance provided to the client.

(6) If a client or a spouse of a client purchases or transfers a commercial annuity prior to January 1, 2006, the following applies:

(a) If the client is in a non-standard living arrangement, the transaction may be subject to the rules on asset transfers at 461-140-0210 and following. For an annuity that is not disqualifying or the disqualification period has already been served, the annuity payments are counted as unearned income to the payee.

(b) If the client is in a standard living arrangement, the annuity payments are counted as unearned income to the payee.

(7) Sections 8 and 9 apply to a commercial annuity for a client:

(a) In a nonstandard living arrangement, and the client or the spouse of the client purchases an annuity from January 1, 2006 through June 30, 2006; or

(b) In a standard living arrangement, and the client or the spouse of a client purchase an annuity on or after January 1, 2006.

(8) A commercial annuity covered by section (7) is counted as a resource unless the annuity is excluded by meeting the following requirements:

(a) If an unmarried client is an annuitant, the annuity must meet the requirements of subsection (8)(c), and the annuity must specify that upon the death of the client, the first remainder beneficiary is either of the following:

(A) The Department, for all funds remaining in the annuity up to the amount of medical benefits provided on behalf of the client.

(B) The child of the client, if the Department is the next remainder beneficiary (after this child), up to the amount of medical benefits provided on behalf of the client, in the event that the child does not survive the client.

(b) If a spouse of a client is the annuitant, the annuity must meet the requirements of subsection (8)(c), and the annuity must specify that, upon the death of the spouse of the client, the first remainder beneficiaries are either of the following:

(A) The client, in the event that the client survives the spouse; and the Department, in the event that the client does not survive the spouse, for all funds remaining in the annuity up to the amount of medical benefits provided on behalf of the client.

(B) A child of the spouse; and the client in the event that this child does not survive the spouse.

(c) An annuity covered by section (7) may not be excluded unless the annuity meets all of the following requirements:

(A) The annuity is irrevocable.

(B) The annuity must be actuarially sound.

(C) The annuity is issued by a business that is licensed and approved to issue a commercial annuity by the state in which the annuity is purchased.

(9) If an annuity is excluded as a resource under section (8), the annuity payments are counted as unearned income to the payee. If an annuity is a countable resource under section (8), the cash value is equal to the amount of money used to establish the annuity, plus any additional payments used to fund the annuity, plus any earnings, minus any regular monthly payments already received, minus early withdrawals, and minus any surrender fees.

(10) This section lists the requirements for a commercial annuity purchased by the client or the spouse of the client on or after July 1, 2006, when a client is in a nonstandard living arrangement, and the annuity names the client or the community spouse as the annuitant. Annuities that meet all of the requirements of this section are counted as unearned income to the payee. The treatment of annuities that do not meet all requirements of this section is covered in sections (11) and (12).

(a) The annuity must comply with one of the following paragraphs:

(A) The first remainder beneficiary is the spouse of the client, and in the event that the spouse transfers any of the remainder of the annuity for less than fair market value, the Department is the second remainder beneficiary for up to the total amount of medical benefits paid on behalf of the client.

(B) The first remainder beneficiary is the annuitant’s child, and in the event that the child or a representative on behalf of the child transfers any of the remainder of the annuity for less than fair market value, the Department is the second remainder beneficiary for up to the total amount of medical benefits paid on behalf of the client.

(C) The first remainder beneficiary is the Department for up to the total amount of medical benefits paid on behalf of the client .

(b) The annuity must be irrevocable and nonassignable.

(c) The annuity must be actuarially sound.

(d) The annuity is issued by a business that is licensed and approved to issue a commercial annuity by the state in which the annuity is purchased.

(11) If the client is the annuitant and a commercial annuity does not meet all of the requirements of section (10) of this rule, or the spouse of the client is the annuitant and a commercial annuity does not meet the requirements of subsection (10)(a), there is a disqualifying transfer of assets. See 461-140-0296(6) and (7) for calculation of the disqualification period.

(12) Regardless of whether a commercial annuity is a disqualifying transfer of assets, if the annuity does not meet all of the requirements of section (10), the annuity is counted as a resource with cash value equal to the amount of money used to establish the annuity, plus any additional payments used to fund the annuity, plus any earnings, minus any regular monthly payments already received, minus early withdrawals, and minus any surrender fees.

461-145-0022

7. Approved Accounts; EPD

(1) All moneys in an approved account are excluded as income or a resource during the determination of eligibility. However, the exclusion can only be made if the account has been designated as an Approved Account and approved as such by the local branch prior to eligibility determination.

(2) Moneys deposited in the approved account that the client wants to be considered as an Employment and Independence Expense to be used as a deduction from countable income must be approved by the branch prior to the deposit being made.

(3) If moneys from the approved account are used for a purpose not consistent with the definition of approved account in 461-001-0035, the client may be prohibited from utilizing an approved account for the next 12 months for the purposes of the determination of eligibility.

461-145-0025

8. Bank Account

(1) A bank account includes a money market account and an account in a financial institution, except that accounts in financial institutions for stocks, bonds, and certificates of deposit (CDs) are covered in CCA B.71.

(2) Money in a bank account is counted as a resource in accordance with 461-140-0020, unless excluded below.

(3) In each of the following situations, money in a bank account is excluded as a resource:

(a) An approved account, if excluded (CCA B.7).

(b) A burial fund, if excluded in (CCA B.9)

(c) A designated bank account for an IC client is an excluded asset 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 461-140-0070.

(e) An Individual Education Account if excluded (CCA B.38).

(f) Money for a plan for self-support if excluded (CCA B.54).

(g) Proceeds from the sale of a home if excluded as a resource (CCA B.65).

(4) In the OSIPM, and QMB programs, interest and dividends earned on funds in a bank account are excluded as income.

(5) In all programs except the OSIPM, and QMB programs, interest and dividends earned on funds in a bank account are counted as unearned income, unless the account is excluded as a resource under section (3) above or under another rule.

461-145-0030

9. Burial Arrangements and Burial Funds

(1) The following definitions apply to this policy:

(a) A burial arrangement is 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 makes allowance for burial costs. A burial arrangement does not include a burial space, which is covered in 461-145-0050, or a burial fund.

(b) A burial fund is an identifiable fund set aside for a client's burial costs. A burial fund does not include a burial space, which is covered in 461-145-0050, or a burial arrangement.

(2) In the OSIPM and QMB programs, the amount in an irrevocable burial trust or any other irrevocable arrangement to cover burial costs is excluded.

  • Note: The cash surrender value (CSV) of a life insurance policy can be excluded if the ownership of the policy has been irrevocably assigned to a funeral home. If a funeral home is named as the irrevocable beneficiary (instead of an irrevocable transfer of ownership), the policy can only be excluded if the assignment contains specific language that prevents the owner of the policy from accessing the cash surrender value of the policy by loan or policy cancellation.
 

(3) A burial arrangement is treated as follows:

(a) In the SNAP and REF(M) programs, the equity value of one prepaid burial arrangement for each member of the filing group is excluded.

(b) In all programs not listed in subsection (a) of this section, a burial arrangement is treated in the manner as the program treats a burial fund under section (3) of this rule.

(c) Burial insurance that has cash surrender value is considered life insurance and is treated in accordance with 461-145-0320.

(4) A burial fund is treated as follows:

(a) In the GA(M), OSIPM, and QMB programs:

(A) A burial fund may be established only from financial means such as cash, burial contracts, bank accounts, stocks, bonds or life insurance policies.

(B) A burial fund is counted as a resource if it is commingled with assets unrelated to a burial. The amount set aside for burial must be in a separate account to be excluded from resource consideration.

(C) A burial fund may be established if the countable resources of a client exceed allowable limits. A burial fund is excluded from the resource calculation to the extent allowed in paragraph (D) of this subsection.

(D) The following calculation determines the exclusion for a burial fund:

(i) Up to $1,500 of a burial fund may be excluded from resources for each of the following:

(I) The client.

(II) The client's spouse; OR

(ii) Up to $5,000 in monthly contributions to be held in reserve (this must be in an account outside of an income cap trust, not part of the income cap trust account), or payments for the purchase of an irrevocable burial plan, with a maximum value of $5,000, as described under 461-145-0540(9)(c)(G).

(iii) The amount in subparagraph (i) of this paragraph is reduced by the total of the following amounts:

(I) The face value of life insurance policies owned by the client that have already been excluded from resources.

(II) The amount in an irrevocable burial trust or any other irrevocable arrangement to cover burial costs or a reserve or plan funded through an income cap trust, as discussed in (4)(a)(D)(ii) above.

(E) All interest earned on an excluded burial fund or increases in the value of an excluded burial arrangement if left in the fund is excluded from income.

(b) In all programs not listed in subsection (a) of this section, a burial fund is counted as a resource.

(5) There is no overpayment for the time period during which the burial arrangement or burial fund existed if a client ---

(a) Cancels an excluded burial arrangement; or

(b) Uses an excluded burial fund for any purpose other than burial costs.

(6) If an asset originally used as a burial arrangement or burial fund is converted to other uses, the asset is treated under the other applicable rules.

Refer to rule 461-145-0320 for policy on life and term insurance.

461-145-0040

10. Burial Space and Merchandise

(1) Burial spaces include conventional grave sites, crypts, mausoleums, urns, and other repositories that are traditionally used for the remains of deceased persons. Burial spaces also include headstones and the opening and closing of the grave.

(a) In the SNAP and REF programs, the equity value of one burial space is excluded as a resource for each member of the financial group.

(b) In the GA(M), OSIPM, and QMB programs, the equity value of a burial space is excluded as a resource if owned by the client and designated for the client, the spouse of the client, minor and adult children, siblings, parents, and the spouse of any of these people.

(2) Burial merchandise includes, but is not limited to, caskets, liners, burial vaults, markers, and foundations. The equity value of burial merchandise is excluded as a resource if owned by the client and designated for:

(a) In the SNAP and REF programs, a member of the financial group.

(b) In the GA(M), OSIPM, and QMB programs, the client, the spouse of the client, minor and adult children, siblings, parents, and the spouse of any of these people.

461-145-0050

11. Cash

(1) In the month of receipt, cash is counted as income unless the cash qualifies as excluded income under another rule.

(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.

(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.

461-145-0060

12. Child Support and Cash Medical Support

(1) Child support and cash medical support paid by a non-custodial parent for a dependent child or minor parent in the financial group 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) “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 client before any remaining amount of current child support is withheld by the State. Pass-through includes current child support only.

(3) “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 client. Disregard includes current child support only.

(4) In the SNAP program, child support and cash medical support are treated as follows:

(a) Child support payments the group receives that must be assigned to the Department to maintain TANF eligibility are excluded, even if the group fails to turn the payments over to the department.

(b) Child support payments received by a filing group with at least one member working under a TANF JOBS Plus agreement are excluded, except:

(5) In the REFM program:

(a) In determining initial eligibility, except for disregard pursuant to section (2) above, child support received by the Division of Child Support is considered countable unearned income, if continued receipt of the child support is reasonably anticipated. These payments are excluded when determining the benefit amount.

(b) In determining ongoing eligibility, except for clients working under a TANF JOBS Plus agreement and except for child support passed through to the client and disregarded pursuant to section (2) above, child support received by the Division of Child Support is considered countable unearned income, if continued receipt of the child support is reasonably anticipated. These payments are excluded when determining the benefit amount.

(c) All other child support payments:

(A) Paid directly to the financial group that are not turned over to the Department or to the Division of Child Support or that are paid to a third party on behalf of a member of the financial group is are considered countable unearned income.

(B) Paid directly to the financial group that are turned over to the Department or to the Division of Child Support are considered countable unearned income except for any amount of pass-through and disregard pursuant to section (2) above.

(d) Cash medical support is excluded in determining countable income.

(e) Cash medical support is excluded.

(6) In the OSIPM and QMB programs, all child support and cash medical support paid to the financial group are considered countable unearned income. Child support and cash medical support paid by the financial group are not deductible from income.

Example: Single mother of two applies for OSIPM and services. She receives SSD and child support from her ex husband. Per 461-110-0410(1)(a), her children are not in the financial group and therefore, the child support would not be considered income for the mother.

461-145-0080

13. Contribution

(1) Contributions are monies not considered gifts or winnings given voluntarily to a member of the financial group 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 of 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.

(3) All other contributions are counted as unearned income.

(4) For non-cash contributions, see CCA B.40 below for the treatment of unearned in-kind income.

461-145-0086

14. Corporations and Business Entities

A closely held corporation is usually incorporated by one or a small number of owners. For example, a farmer or a farming family incorporate their farming business.

A Subchapter S-corporation is incorporated under Chapter S of the Internal Revenue code. Each shareholder is responsible to file his or her own taxes on the profits the corporation distributes. For example, a law firm or other partnership may incorporate their business under Chapter S.

Other corporations include companies that sell stock to investors including the general public. For example, Proctor & Gamble, AT&T, Starbucks, etc.

The owner or shareholders of a corporation are not self-employed. If they work for the corporation, they are considered employees of the corporation.

(1) The value of stocks or other ownership interest in a corporation is a resource.

(2) Assets of the corporation essential to the employment of a client are excluded. For instance, if the corporation owns equipment used by the client to produce income for the corporation, the equipment is an excluded resource. If a client 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 461-140-0040(2) and section (4) below, income of a corporation is not income of a client with an ownership interest in the corporation until the income is distributed to the client.

(4) In the SNAP, OSIPM, and QMB programs:

(a) An expenditure by a business entity or corporation that benefits a principal – such as a car or housing payment -- is considered available when the expenditure is made.

(b) For purposes of this rule, a principal is a person with significant authority in a business entity or corporation, including a sole proprietor, a self-employed person (see 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 461-145-0130, 461-145-0280, and 461-145-0470 for the treatment of earned in-kind income.

(5) In the SNAP program:  

(a) Income from business entities and corporations is treated as follows:

 (A) If a client is actively working in a corporation, the income is treated as earned income.

 (B) If a client is actively working in an unincorporated business entity, refer to 461-145-0910 to determine if the income is treated as earned or as self-employment.

(C) If a client is no longer actively working to produce the income, the income is treated as unearned.

 (b) Income from a limited liability company is treated as follows:

 (A) If a client is a member or a manager member, the income is treated as self-employment income.  

(B) If a client is a manager but not a member, the income is treated as earned income.

Example 1: A farmer incorporates his farm, is the sole owner and worker and all of the corporation's assets are related to the farming operation. The farmer's stock in the corporation is essential to his employment. Therefore the equity value of his stocks is not counted as a resource.

Example 2: An attorney has stock in a Subchapter S-corporation. The ownership of this stock may or may not be required as a condition of her employment for that corporation. If the ownership is required, the equity value of his stocks is not counted as a resource. If ownership is not required, the equity value of his stocks is counted as a resource.

461-145-0088

 

15. Deeming the Assets of a Noncitizen sponsor

(1)In the OSIPM program, an amount equal to the OSIPM program resource standard is deducted from the total amount of resources deemed to the noncitizen. If the sponsor lives with a spouse, the two-person standard is deducted.

461-145-0820

16. Disability Benefit

(1) This rule covers public and private disability benefits, except the following:

(a) Agent Orange disability benefits (461-145-0005).

(b) Radiation Exposure Compensation Act payments (461-145-0415).

(c) Social security based on disability or SSI (461-145-0490 and 461-145-0510).

(d) Veterans benefits (461-145-0580).

(e) Workers compensation (461-145-0590).

(2) For each disability payment covered under this rule:

(a) If received monthly or more frequently:

(A) In the SNAP and REF(M) programs, income from employer-sponsored disability insurance is counted as earned income (see 461-145-0130) if paid to a client who is still employed while recuperating from an illness or injury.

(B) In the OSIPM and QMB programs, income from employer-paid disability insurance is counted as earned income if received within six full calendar months after stopping work.

(C) Except as provided in paragraph (A) and (B) of this subsection, the payment is counted as unearned income.

(b) All payments other than those in subsection (a) of this section are counted as periodic or lump-sum income.

461-145-0090

17. Disaster Relief

(1) As used in this section:

(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.

(2) Except as otherwise stated in sections (4) to (8) and at 461-140-0070, payments described in section (3) are not counted as income or resources when determining eligibility for or benefit levels.

(3) This policy applies to each of the following payments if precipitated by an emergency or major disaster:

(a) Payments received under the Disaster Relief Act of 1974 (P.L. 93-288, section 312(d)) as amended by the Disaster Relief and Emergency Assistance Amendments of 1988 (P.L. 100-707, Section 105(i)).

(b) Disaster assistance comparable to subsection (a) of this section provided by States, local governments, and disaster assistance organizations.

(c) Payments from the Federal Emergency Management Agency (FEMA).

(d) Individual and Family Grant Assistance program (IFG).

(e) Grants or loans by the Small Business Administration (SBA).

(f) Voluntary disaster assistance organizations, such as the Red Cross.

(g) Private insurance payments for losses due to a major disaster such as flood, wind, land movement.

(4) Government payments designated for the restoration of a home damaged in a disaster are excluded as income or resources in the month of receipt and as a resource in subsequent months, if the household is subject to a legal sanction if the funds are not used as intended.

(5) Each payment made to farmers under the Disaster Assistance Act of 1988 (P.L. 100-387) for crop losses or failure in a disaster is excluded.

(6) Income received from public and private organizations by individuals working in disaster relief efforts and funded under a National Emergency Grant by WIA title 1 (P.L. 105-220) is excluded. An individual is eligible under this funding source if he or she is a dislocated worker, a long-term unemployed individual, or is temporarily or permanently laid off as a consequence of the disaster. Eligibility under this funding source is limited to a period of up to six months per disaster.

(7) Disaster Unemployment Assistance is excluded as both income and a resource.

(8) Payments for flood mitigation received by a homeowner under the National Flood Insurance Act of 1968 as amended by P.L. 109-64, are not counted as income or resources.

461-145-0100

18. Dividends, Interest, Royalties

(1) In the OSIP(M) and QMB programs, dividends and interest income is treated as unearned income except as follows:

(a) Interest income and dividends earned on funds in a bank account are excluded as income (see bank accounts policy above).

(b) Interest income and dividends from a trust described in 461-145-0540(9) are excluded.

(2) In all programs except the OSIPM and QMB programs, interest income and dividends are counted as unearned income.

(3) Royalties are counted as unearned income, except that royalties are counted as earned income if the client is actively engaged in the activity from which the royalties are accrued.

461-145-0108

19. Domestic Volunteer Services Act (VISTA, RSVP, SCORE, ACE)

(1) Under Title I of Public Law 93-113, Domestic Volunteers Service Act of 1973, payments to volunteers under VISTA, University Year of Action and Urban Crime Prevention are treated as follows:

(a) For REFM, these payments are excluded, except that these payments are counted as earned income if the total value of all compensation is equal to or greater than compensation at the state minimum wage.

(b) For GA(M), payments are counted as unearned income.

(c) For all other programs:

(A) The payments are excluded if the client is receiving program benefits when they join the Title I program. The exclusion of payments continues until the client has a break in receiving benefits of more than one month.

(B) The payments are counted as earned income for clients who joined the Title I program before applying for program benefits.

(2) Payments are excluded under Title II of Domestic Volunteer Service Act (Public Law 93-113, National Older Americans Volunteer Programs), which include:

(a) Retired Senior Volunteer Program (RSVP) Title II, Section 201.

(b) Foster Grandparent Program Title II, Section 211.

(c) Older American Community programs.

(d) Senior Companion Program.

(3) Payments are excluded under Title III payments (National Volunteer Programs to Assist Small Businesses and Promote Volunteer Service by Persons with Business Experience), which include:

(a) Service Corps of Retired Executives (SCORE) Title III, Section 302.

(b) Active Corps of Executives (ACE) Title III, Section 302.

461-145-0110

20. Earned Income; Defined

Earned income is income received through employment, 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, military pay and allowance (such as BAS, BAH, FSSA and meal allowances) tips, sick leave, vacation pay, draws, or the sale of one's blood or plasma.

(2) Income from on-the-job-training, paid job experience, JOBS Plus work experience, WIA work experience, or Welfare-to-Work experience.

(3) In-kind income, when the client is an employee of the person providing the in-kind income and the income is in exchange for work performed by the client.

(4) Income from self-employment, including microenterprise.

(5) In ---

(a) The SNAP program, cafeteria plan 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 as well as funds placed in a flexible spending account.

(6) Income from work-study.

(7) Income from profit sharing that the client receives monthly or periodically.

(8) The fee for acting as an individual's representative payee, as long as that individual is not included in the filing group.

(9) For SNAP, OSIPM and QMB, an expenditure by a business entity that substantially benefits a principal.

461-145-0120

21. Earned Income; Treatment

(1) Earned income is countable in determining eligibility for programs, subject to the below.

(2) In the SNAP program, if a cafeteria plan benefit that the employee cannot elect to receive as a cash payment is designated and used to pay for child care, medical care, or health insurance, the benefit is excluded unless it is reimbursed by the Department or allowed as an earned income deduction.

(3) For SNAP, exclude:

(a) The earned income of an individual under the age of 18 years who is under the parental control of another member of the household and is:

(A) Attending elementary or high school;

(B) Attending GED classes recognized by the local school district;

(C) Completing home-school elementary or high school classes recognized by the local school district; or

(D) Too young to attend elementary school.

(b) All in-kind earned income, except as provided in (6).

(c) Any amount deducted from base pay for future educational costs under Public Law 99-576 for clients on active military duty.

(4) For SNAP and REF(M) treat Welfare-to-Work experience income as earned income.

(5) For SNAP and REF(M), earned in-kind income is excluded unless it is an expenditure by a business entity that benefits a principal.

(6) In all programs except an OSIPM client in nonstandard living arrangement, the income of a temporary employee of the U.S. Census Bureau employed to assist in taking the census is excluded.

461-145-0130

22. Earned Income Tax Credit (EITC) and Making Work Pay (MWP) Tax Credit

(1) EITC is a federal and state tax program for low-income families. EITC may be received in one of two ways:

(2) In all programs, EITC payments are excluded from assets.

(3) In all programs, an MWP tax credit received as a portion of an individual's federal tax return is excluded from assets.  

 

461-145-0140

23. Economic Recovery Payment

THIS RULE HAS BEEN REPEALED

461-145-0143

24. 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) In the Food Stamp program, the value of funds in a qualified tuition program under section 529 of the Internal Revenue Code or in a Coverdell education savings account is excluded.

(3)In the OSIPM and QMB programs, the value of funds in a qualified tuition program under section 529 of the Internal Revenue Code is counted as a resource to the owner of the fund.  

461-145-0145

25. Educational Income

(1) Educational income is income designated specifically for educational expenses. To be considered educational income, the income must be given to one of the following:

(a) A student at a recognized institution of post-secondary education. Post-secondary education is education offered by institutions primarily to individuals age 18 or older. Admission may or may not require a high school diploma or equivalent.

(b) A student at a school for people with disabilities.

(c) A student in a vocational education program.

(d) A student in a program that provides for completion of secondary school diploma or the equivalent.

(2) To determine the amount of educational income to exclude, use education expenses listed in the financial aid award letter unless one of the following is true:

(a) The information is not available in the award letter, or the student provides verification of amounts different from those listed in the award letter. In these situations, use the verified amounts from the student.

(b) The student receives child care benefits (i.e., ERDC or other child care subsidies). Exclude from educational income the amount the student actually pays for child care (e.g., the ERDC copay) instead of the amount shown in the award letter.

(c) The student states actual transportation costs exceed the amount allowed for the expense in the award letter. In that situation, calculate the number of commuting miles to and from school and multiply by $0.20. Exclude the calculated amount or the amount from the award letter, whichever is greater.

(3) The following items are excluded:

(a) Educational income from the Carl D. Perkins Vocational and Applied Technology Education Act, Title IV of the Higher Education Act, and the Bureau of Indian Affairs (BIA).

(b) All income from educational loans.

(4) Exclude the cost of the following items from remaining educational funds (including non-title IV work study:

(a) Tuition, mandatory fees, books and supplies, transportation, required rental or purchase of equipment or materials charged to students enrolled in a specific curriculum, other miscellaneous personal expenses (except room and board), and loan originator fees, insurance premiums required to obtain an educational loan, and dependent care.

(5) In all programs, after allowing exclusions, the remaining income is treated as follows:

(a) Count work study, fellowships and teaching-assistant income not excluded per section (3) or (4) of this rule as earned income. This may include work study provided through the VA program or other educational programs.

(b) For all programs, count other educational income (grants, Montgomery GI Bill [VA Chapters 30, 32, 35, 1606 or 1607, Veterans Retraining Assistance Program (VRAP)], Post 9-11 (9/11) GI Bill [VA Chapter 33], etc.) by prorating it over the period it is intended to cover, then begin counting the prorated amount in the first month of the period if the client has already received the income. If income has not been received, begin counting the prorated amount in the month of the period it is expected to be received.

(6) Count the VA Chapter 31 subsistence allowance according to CA-B.81. When participating in this program, the VA pays all tuition, books and fees. All education costs are provided for the student except transportation and child care.

(7) Clients may be attending school under the displaced workers program. In this instance, the student will continue to receive weekly UC benefits while attending school. Treat Displaced Worker payments the same as UC benefits.

 

SEE CA-B.79 OR OAR 461-145-0550.

 

461-145-0150

26. Energy Assistance Payments

(1) In all programs except SNAP, exclude all energy assistance payments or allowances made under any federal, state, or local law (Public Law 96-249). These payments include:

(a) Energy assistance payments provided through a Department of Health and Human Services Low-Income Assistance Program.

(b) Energy assistance payments provided through the Low-Income Energy Assistance Act of 1981 under Public Law 97-35, Section 2605(F) (LIEAP).

(2) For SNAP, energy assistance payments are considered unearned income except the following, which are excluded from income:

(a) Federal energy assistance payments except payments issued under TANF.

(b) Federal or state one-time energy assistance payments for weatherization or emergency repair or replacement of heating or cooling devices.

461-145-0170

27. Family Abuse Prevention Act (FAPA) Payments

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.

(1) For all programs, the first $2,500 is excluded. The excess above $2,500 is counted as a resource.

461-145-0175

28. 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 Filipino Veterans Equity Compensation Fund authorized by the American Recovery and Reinvestment Act of 2009.

461-145-0184

 

29. Floating Homes and Houseboats

(1) Floating homes and houseboats are treated in the same manner as real property under 461-145-0420.

(2) Floating homes and houseboats are subject to 461-145-0220 and 461-145-0250, if applicable.

461-145-0185

30. Food Programs; Not Food Stamp Benefits

(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 children and seniors in the Senior Farm Direct Nutrition Program (461-135-1175) program funded by grants from the United States Department of Agriculture.

(2) In all programs except SNAP, benefits from the Tribal Food Distribution Program are excluded. In the SNAP program, these benefits are subject to 461-165-0030.

461-145-0190

31. Foster Care/Guardianship Payment

Foster care is when an individual is placed in the home of relatives or other individuals or families by a federal, state or local governmental foster care program. This could be child or adult foster care.

Guardianship Assistance payments are made by Child Welfare, for children under age 18, when a person has agreed to be the guardian of the child. These payments are authorized under a foster care waiver.

A foster care payment is:

(1) The payment the foster care provider receives from the foster care program and

(2) For adults in foster care, this also includes their room and board payment and any service payment the client is required to pay their provider.

Treat foster care/guardianship assistance payments as follows:

(1) For all programs except SNAP:

(a) If the provider of foster care/guardianship is in the financial group:

(A) Exclude the amount the placement agency identifies as room and board, clothing and personal incidental needs (including recreational expenses) of the foster care client.

(B) Exclude the amount designated for special need items of the foster care/guardianship client.

(C) Count the remaining amount as earned income.

(b) If the provider of foster care/guardianship is not in the financial group, exclude the foster care payments.

(2) For SNAP, count the payments for foster care or guardianship assistance as follows:

(a) If the person receiving the foster care or assistance is a member of the household group, but not the filing group, exclude the income.

(b) If the person receiving the foster care or assistance is a member of the filing group, count the payment from the foster care program as unearned income for the provider.

(c) If the person receiving the foster care or assistance is not a member of the household group, count the payment (both parts) as self-employment income for the foster care provider.

461-145-0200

32. Gifts and Winnings

(1) Gifts are items given to or received by an individual on or for a special occasion, such as a holiday, birthday, graduation, or wedding. They are not given or received on a regular basis. Gifts can be cash or non-cash.

(2) 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 periodically (e.g., monthly) or in a lump-sum.

(3) For all programs:

(a) In-kind gifts and winnings are treated according to policy for the rule applicable to the specific type of asset. Treat cash gifts and winnings

(b) Gifts and winnings in the form of money are treated as periodic or lump-sum income.

(c) Gifts and winnings in the form of a gift card or certificate are excluded.

(4) For employment-related items, see 461-145-0130.

461-145-0210

33. Groundfish Disaster Benefit

People working in the commercial fishing industry may qualify for Groundfish Disaster benefits. These benefits are disbursed through the Oregon Employment Department to persons involved in the commercial fishing industry in Oregon’s coastal communities.

To qualify for Groundfish Disaster benefits, a groundfisher must be working with the Oregon Employment Department as a displaced worker. They must also commit to not return to work in the commercial fishing industry.

The groundfisher eligible for these benefits may receive assistance for up to nine months. The monthly payments can be as much as $1,500 for a family or $1,000 for an individual. The payments may be less if the person is receiving unemployment compensation.

Groundfish Disaster benefits are counted as unearned income for all programs.

461-140-0010

34. Home

(1) A home is the place where the financial group 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) For all programs except SNAP, GA(M), OSIPM, and QMB, property must meet all the following criteria to be considered contiguous property:

(i) It must not be separated by land owned by people outside the financial group.

(ii) It must not be separated by public rights-of-way, such as roads.

(iii) It must be property that cannot be sold separately from the home.

(B) For SNAP, GA(M), OSIPM, and QMB, contiguous property is property not separated by land owned by people outside the financial group. In addition:

(i) Contiguous property may be separated by public rights-of-way, such as roads; and

(ii) Property is contiguous even when it can be sold separately from the home.

(b) Other dwellings on the land surrounding the home that cannot be sold separately from the home.

(c) Exclude the value of a home when it is occupied by the group. Additionally for SNAP, exclude the value of land the group is building, or plans to build, their home on. If the SNAP financial group owns (or is buying) the home they live in and has separate land they intend to build on, only exclude the home in which they live. Treat the land they intend to build on as real property per rule 461-145-0420.

(2) Exclusions

(a) For a client who has an initial month of long-term care on or after January 1, 2006:

For purposes of this subsection, the term child refers to a biological or adoptive child who is under age 21 or who is any age and meets the SSA criteria for blindness or disability. The definition of child in rule 461-001-0000 does not apply.

(A) The equity value of a home is excluded if at least one of the following is met:

  • The child of the client occupies the home
  • The spouse of the client occupies the home
  • The equity value of the home is $543,000 or less and at least one of the following are met:
    • The client occupies the home
    • The home equity is excluded under OAR 461-145-0250
    • The home is listed for sale per OAR 461-145-0420
  • Notwithstanding OAR 461-120-0330, the equity value of the home is more than $543,000 and the client is unable to legally convert the equity value to cash.

(b) For all other filing groups, the value of a home is excluded when the home is occupied by a member of the filing group.

(c) In the SNAP program only, the value of land is excluded while the group is building or planning to build their home on it, except that if the group owns (or is buying) the home they live in and has separate land they intend to build on, only the home in which they live is excluded, and the land they intend to build on is treated as real property in accordance with 461‑145‑0420.

(3) Exclusion during temporary absence. If the value of a home is excluded under section (2) above, the value of this home remains excluded in each of the following situations:

(a) In all programs except the GA(M), OSIPM, and QMB programs, during the temporary absence of all members of the filing group from the property, if the absence is due to illness or uninhabitability (from casualty or natural disaster), and the filing group intends to return home.

(b) For SNAP, when the financial group absence is due to employment or training for future employment.

(c) For GA(M), OSIPM, and QMB, if the client's absence is due to receiving care in a medical institution and one of the following is true:

(A) The absent client has provided evidence that they will return to the home. The evidence must reflect the subjective intent of the client, regardless of the client's medical condition. A written statement from a competent client is sufficient to prove the intent. See rule 461-160-0630 for more information.

(B) The home remains occupied by the client's spouse, child, or a relative dependent on the client for support. The child must be under age 21 or, if over age 21, blind or an individual with a disability as defined by SSA criteria.

(d) In the REF(M) programs, when all members of the filing group are absent because:

(A) The members are employed in seasonal employment and intend to return to the home when the employment ends; or

(B) The members are searching for employment, and the search requires the members to relocate away from their home. If all members of the filing group are absent for this reason, the home may be excluded for up to six months from the date the last member of the filing group leaves the home to search for employment. After the six months, if a member of the filing group does not return, the home is no longer excluded.

For nonexcluded homes, see rule 461-145-0420.

461-145-0220

35. Housing and Urban Development

(1) Treat payments from HUD made to a third party as follows:

(a) For REF, use the payment in determining Shelter-in-Kind income.

(b) For SNAP, GA(M), OSIPM, and QMB, exclude these payments.

(2) Treat HUD payments made directly to a member of the financial group, except Youthbuild Program payments and Family Investment Centers payments, as follows:

(a) For REF, use the payment in determining Shelter-in-Kind income. If the payments are made in a lump-sum, count as unearned income.

(b) For GA(M), OSIPM, and QMB, exclude these payments.

(c) For SNAP, exclude payments for utilities. Count other payments as unearned income.

(3) Treat Youthbuild Program payments as follows:

(a) For SNAP, exclude payments to clients age 18 and under who are under the control of an adult member of the financial group. Treat other Youthbuild payments as earned income.

(4) Exclude escrow accounts that are established for families participating in the Family Self-Sufficiency (FSS) program sponsored by HUD.

(5) Treat payments issued under Public Law 101-625 (Family Investment Centers) as follows:

(a) Count wages as earned income and stipends as unearned income.

(b) Exclude service payments for items such as child care, basic education, literacy or computer skills training, etc.

461-145-0230

36. Income-Producing Sales Contract

An income-producing sales contract is an agreement between two parties where one party is to pay the other party on an ongoing basis for property or goods. A common income-producing contract exists when an individual sells land or a home to another party and the other party pays the individual an agreed upon monthly amount.

(1) Treat the equity value of income-producing sales contracts as follows:

(a) In the GA, OSIPM and QMB programs, for contracts originating on or after October 1, 2012:

(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.

(b) Except as provided for in subparagraph (a) of this section, it is excluded.

(2) In all programs, income received from a sales contract is treated as provided in 461-145-0460.

461-145-0240

37. Income-Producing Property

(1)(3) Count the income from income-producing property as follows:

(a) If a financial group member actively manages the property 20 hours or more per week, the income is counted as self-employment income.

(b) If a financial group member manages the property less than 20 hours per week, count as unearned income minus necessary costs. Necessary costs are the actual costs allowable in determining countable self-employment income as identified in 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.

(2) Treat the equity value of income-producing property as follows:

(a) For REF, count it as a resource.

(b) For SNAP, count as a resource unless one of the following is true:

(A) If the property produces an annual countable income similar to other properties in the community with comparable market value, the equity value of the property is excluded.

(B) The property is excluded (CCA B.83).

(C) The equity value of income producing livestock, poultry, and other animals is excluded.  

(D) If selling the resource would produce a net gain to the financial group of less than $1,500, the equity value is excluded.

(c) For GA(M), OSIPM, and QMB, count as a resource, except as follows:

(A) Exclude up to $6,000 of the equity value if the property produces an annual countable income of at least 6 percent of its equity value.

(B) If the annual countable income drops below six percent of the non-business property's equity value due to circumstances beyond the client's control, the client has up to 24 months from the end of the tax year in which the earnings dropped below six percent to meet the six percent requirement

  • Note: When a client rents out property that was formerly the home, this portion of the policy applies because it is not considered a trade or business.

(B) The total equity value is excluded (regardless of value or rate of return) if the requirements of all of the following are met:

(i) The property is used in the trade or business of a member of the financial group, as evidenced by two or more of the following:

(I) The good faith intention of making a profit.

(II) Its use is part of a regular occupation for a member of the financial group. (III) Holding out to others as being engaged in the selling of goods or services.

(IV) Continuity of operations, repetition of transactions, or regularity of activities.

 

(ii) The property is in current use or, if not in use for reasons beyond the control of the financial group, there must be a reasonable expectation that the required use will resume.

(iii) The property is essential to the client's self-support.

(iv)The government has issued a permit granting the client to engage in income-producing activity on or with the property.

(v) Personal property is used by an employee for work.

461-145-0250

Examples of income-producing property for SNAP:

Example 1: Client reports renting out a room in her home. She receives $200 a month rent. The client is billed $500 a month for shelter (rent or mortgage) and pays separately for heating the home. This is a shared shelter situation. Subtract the $200 rent payment from the shelter costs and allow the client a shelter deduction of $300 and the FUA. There is no countable income from renting the room.

Example 2: Client reports renting out part of her home to two other individuals. She receives $400 a month from each. The client is billed $500 mortgage payment plus $50 a month taxes and $25 a month insurance. This is a shared shelter situation. Subtract the $400 + $400 from the client’s $575 shelter costs to leave an excess rental income of $225. Code zero shelter cost for the client and allow the FUA because she pays the heating costs. Code the $225 excess rental income as PTY. She is probably not actively working 20 hours a week at renting these two rooms, so the income is not self-employment. The $225 can only be reduced further if there is an allowable cost. For example: $5 a month advertisement fee to the local paper regarding the room rental. In that situation the income could become $220 instead of $225. Do not allow a cost for mortgage, taxes, insurance or utilities because they have already been considered for the shelter cost and FUA determination.

Example 3: Client reports buying a motel. She lives in the manager's apartment and manages the motel. She also does part of the maid work each day. She is actively working in the motel more than 20 hours a week. The client is not being billed separately for rent and utilities from the motel mortgage and utility bills. Do not allow the shelter cost or FUA. There are allowable costs to running this business. Code the gross income from the business as SEC.

Example 4: Client has two rental cabins on the same property as his home. He is in the process of repairing and fixing these cabins. He has rented one cabin for $500 and plans to rent the second cabin for $500 soon. He is doing all of the repairs himself in his spare time. He estimates he is working on the repairs about 15 hours a week. He is spending an average of $250 a month to make these repairs and he provides receipts for the past three months. The units are in sad repair and will take many more months of work. Each unit has its own utility meter and the utilities are put into the renter's name. His mortgage payment for the full property is $1,100 a month plus taxes and insurance. Allow him the full shelter cost of $1,100 plus taxes and insurance. He has rental income of $500 less the allowable cost for repairs. There is no allowable cost for mortgage, taxes, insurance or utilities because there are no separately identified bills for each structure. Code $250 as PTY ($500 rental income less actual costs of $250).

Example 5: Client owns two houses. He lives in one and rents out the other for $1000 a month. Each house has its own mortgage, taxes and insurance. The renter is responsible for all utilities at the rental. Currently there are no repairs or other costs associated with renting the house. The mortgage, taxes and insurance on the rental totals $900 a month. Rental income of $1000 less allowable costs of $900 = $100 excess income. Code $100 as PTY.

38. Independent Living Subsidies/Chaffee Housing Program

Independent Living Subsidies are payments made and services provided by Child Welfare to children ages 16 through 20. These payments also include payments under the Chaffee Housing Program. The subsidies are to assist the individuals to live independently when their foster care payments were discontinued on or after the date they reached 16 years of age.

(1) For all programs except SNAP, exclude all independent living subsidies issued by Child Welfare.

(2) For SNAP, count the payments as unearned income.

461-145-0255

39. Indian (Native American) Benefits

(1) Exclude the following Indian benefits:

(a) Indian lands held jointly with the tribe, or land that cannot be sold without the approval of the Bureau of Indian Affairs.

(b) Payments to Puyallup Tribe members from the trust funds established under Public Law 101-41.

(c) Payments from the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act (Public Law 103-436).

(2) Payments from the Bureau of Indian Affairs are treated as follows:

(a) For all programs except SNAP, exclude these payments.

(b) For SNAP, count these payments as unearned income.

(3) For all programs except GA(M), the following types of distributions provided under Public Law 100-241 (Alaska Native Claim Settlement Act) are excluded:

(a) Stock.

(b) A partnership interest.

(c) Land or interest in land.

(d) An interest in a settlement trust.

(e) The first $2,000 of each per-capita payment per year for each member of the financial group who receives the payment. Count the amount over $2,000 as lump-sum income.

(4) For all programs except GA(M), the Department excludes Indian benefit payments when federal law requires exclusion. These include payments under each of the following federal laws:

(a) Blackfeet, Cherokee, Cheyenne, Chippewa, and Sioux tribes under Public Law 94-114, when the payment is from sub marginal land held in trust by the United States.

(b) Blackfeet Indians under Public Law 92-254.

(c) Grand River Ottawa Indians under Public Law 94-540.

(d) Passamaquoddy Tribe and Penobscott Nation, including the Holton Band of Maliseet Indians, under the Indian Claims Settlement Act (Public Law 96-420).

(e) Sac and Fox Indian Claims under Public Law 94-189.

(f) Umpqua Tribe Cow Creek Band under Public Law 100-139.

(g) Yakima Nation Confederated Tribes and Bands of the Mescalero Reservation Apache Tribe under Public Law 95-433.

(h) The Aroostook Band of Micmacs under Public Law 102-171.

(i) Navaho or Hopi Indians under Public Law 93-531.

(5) For all programs except GA(M), treat payments under Public Law 92-203 (Alaska Native Claim Settlement Act) as follows:

(a) For SNAP, exclude the entire payment.

(b) For all other programs, exclude only the tax-exempt portion of the payment. Count the remainder as unearned income.

(6) In all programs except GA(M), and SNAP treat payments received from trust or restricted lands under Public Law 93-134, Public Law 97-458, and Public Law 103-66 are excluded.

In the SNAP program, payments received from trust or restricted lands under 25 USC 1408 (Public Law 93-134, Public Law 97-458, and Public Law 103-66) are treated as follows --

(a)        Excluded as a resource.

(b)        The first $2,000 of each per-capita payment per year for each member of the financial group (see OAR 461-110-0530) who receives the payment is excluded as income.

(c)        The amount over $2,000 per year paid to any member of the financial group is counted as periodic income (see OAR 461-140-0110).

 

(7) In all programs except GA(M), payments to Seminole Tribe members under Public Law 101-277 are treated as follows:

(a) The first $2,000 of each per-capita payment per year is excluded for each member of the financial group who receives the payment.

(b) The amount over $2,000 paid to each member of the financial group who receives the per-capita payment is counted as lump-sum income.

(8) In all programs except GA(M), payments from the distribution of judgment funds to members of the Confederated Tribes of the Umatilla under Public Law 91-259 are treated as follows:

(a) The first $2,000 of each per-capita payment per year is excluded for each member of the financial group who receives the payment.

(b) The amount over $2,000 paid to each member of the financial group who receives the per-capita payment is counted as lump-sum income.

(9) In all programs except GA(M), payments for assets held in trust to the Sac and Fox Tribe of Oklahoma and Sac and Fox Tribe of the Mississippi in Iowa by the Indian Claims Commission under Public Law 94-189, Section 6 (The Sac and Fox Indian Claims Agreement) are treated as follows:

(a) The first $2,000 of each per-capita payment per year is excluded for each member of the financial group who receives the payment.

(b) The amount over $2,000 paid to each member of the financial group who receives the per-capita payment is counted as lump-sum income.

(10) In all programs except GA(M), payments from judgment funds held in trust by the U.S. Secretary of the Interior under Public Law 98-64 are excluded.

(11) In all programs except GA(M), Indian Child Welfare payments under Public Law 95-608 are excluded.

(12) Tribal payments for child care are treated as follows:

(a) Provider-direct payments are counted as the provider's earned income.

(b) All client-direct payments are excluded.

(13) In each program, any Indian benefit payments distributed by the tribe and not excluded for that program by public law are counted as unearned income.

(14) For GA(M), count Indian benefits described in subsections (3) through (7) as periodic or lump-sum income unless the client verifies that such benefits are excluded by public law for state-funded programs.

(15) In the GA(M), OSIP, OSIPM, and QMB programs, Individual Indian Money (IIM) accounts are treated as follows:

(a) For a restricted account:

(A) A deposit required by the BIA is excluded as income and as a resource.

(B) A deposit not required by the BIA is counted or excluded as income in accordance with this chapter of rules based on the source of the deposit. The deposit is excluded as a resource.

(C) A withdrawal is treated in accordance with this chapter of rules based on the source of the funds withdrawn. When funds in the account include both excluded and non-excluded funds, the Department presumes that the non-excluded funds are withdrawn first.

(b) For an unrestricted account: Deposits and withdrawals are treated in accordance with this chapter of rules based on the source of the deposit or withdrawal. When funds in the account include both excluded and non-excluded funds, the Department presumes that the non-excluded funds are withdrawn first.

(16) Payments from the Tribal Trust Accounting and Management Lawsuits under Public Law 111-291 (section 101) are treated as follows:
               
(a)        The payments are excluded as income in the month of receipt.

(b)        The payments are excluded as a resource for the 12 calendar months following the receipt of the payment as long as they are not commingled with other funds.

 

461-145-0260

40. 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 his or her 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.

(3) For client liability calculations (see 461-160-0610), all income deposited into an IDA is counted as earned income.

(4) If a client makes an emergency withdrawal from the account, that income is counted as lump-sum income.

461-145-0261

41. Inheritance

An inheritance may be received in the form of monies, property, or other assets. Treat an inheritance as follows:

Treat noncash inheritances according to policy for the specific type of asset. Count cash inheritances as periodic or lump-sum income.

461-145-0270

42. In-Kind Income

In-kind income is compensation in a form other than money (such as food, clothing, cars, furniture, and payments made to a third party). See below for information on shelter in-kind income.

(1) For all programs except REF(M), earned in-kind income is treated according to the policy on earned income.

(2) For all programs except REF(M), unearned in-kind income (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.

(3) For SNAP, exclude in-kind income except for child support and expenditures (payments for food, clothing, cars, furniture, shelter, etc.) by a business entity that substantially benefits a principal who is a member of the financial group. (see above policy on corporations).

Example: Mr. Clean is a partner in a business called Just Right Cleaners. The business makes monthly payments for his car of $420 each month, house payment of $1,025, car insurance for $87.50 for a total of $1,532.50. These amounts are considered in-kind income and, as well as any other income paid to Mr. Clean, are considered countable income and used to determine eligibility.

(4) Treat unearned third-party payments as follows:

(a) Count payments made to a third party that should legally be paid directly to a member of the financial group as unearned income.

(b) Treat payments made to a third party that the payee is not legally obligated to pay directly to a member of the financial group and that the group does not have the option of taking as cash, and payments made by the noncustodial parent to a third party, that are court-ordered but not designated as child support, as follows:

(A) For SNAP, exclude these third-party payments unless they are transitional housing payments for the homeless.

  • Note: Transitional housing for the homeless is a shelter or residence for homes as they transition to regular housing. There is generally a time limit for the transition period and it may be 24 months.

(B) For all other programs, exclude these third-party payments.

For information on how to treat third party payments made by an absent parent, see 461-145-0080.

461-145-0280

43. Job Corps

Treat Job Corps payments as follows:

(1) Count living allowance payments as earned income.

(2) Count readjustment allowance payments as follows:

(a) For all programs except SNAP, count as earned income.

(b) For SNAP, count as lump-sum income.

(3) A support service payment for an item already covered by the benefits of the benefit group is counted as unearned income. All other support service payments (including clothing allowances) are excluded.

(4) A reimbursement is treated as provided in 461-145-0440.

461-145-0290

44. Life Estate

(1) A life estate is the right to property limited to the lifetime of the person holding it or the lifetime of some other person. In general, a life estate enables the owner of the life estate to possess, use and obtain profits from property during the lifetime of a designated person while actual ownership of the property is held by another individual. A life estate is created when an individual owns property and then transfers their ownership to another while retaining, for the rest of their life, certain rights to that property. In addition, a life estate is established when a member of the financial group purchases a life estate interest in the home of another individual.  

(2) For all programs except OSIPM and QMB, if a financial group is living in real property while a member holds a life estate in this property, the property is treated as a home (see 461-145-0220). In all other situations, a life estate is treated as real property (see 461-145-0420).

(3) In the OSIP, OSIPM and QMB programs,

(a) For purposes of this section and section (4) below, the value of the rights conferred by the life estate is established by SPD WG E.3, Life Estate and Remainder Interest Table (use the client's current age).

(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 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.

(4) In the OSIP(M) programs:  

(a) A transfer for less than fair market value in which a member of the financial group retains a life estate is a disqualifying transfer. A transfer is considered for less than fair market value if the fair market value of the transferred resource on the day prior to the transfer is greater than the sum of the value of the rights conferred by the life estate plus the compensation received for the transfer.  

(b) If a member of the financial group purchases a life estate interest in the home of another individual on or after July 1, 2006, the purchase is considered a transfer of resources unless the client resides in this home for at least 12 consecutive months after the date of the purchase. The value of the transfer for a client who does not reside in the home for at least 12 consecutive months is calculated by using the purchase price of the life estate.

461-145-0310

45. Life Insurance

(1) Benefits paid on a life insurance policy are counted as unearned income in the month received and a resource if retained into the following month. The Department counts benefits as paid 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. 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.

(2) Burial insurance that has cash surrender value is treated in the same manner that this rule treats life insurance.

 

The value of a life insurance policy is treated as follows:

(a) Exclude all term insurance that has no cash surrender value.

(b)For the purposes of this subsection, the following definitions apply:

  • "Cash surrender value" means the equity that the policy acquires over time.
  • "Dividend" means a payment of surplus company earnings from the insurer.
  • "Dividend accumulation" means a dividend left with the insurer to accumulate interest that may be withdrawn without affecting the policy's face value or cash surrender value.
  • "Dividend addition" means the amount of insurance purchased with a dividend that increases the policy's death benefit and cash surrender value.
  • "Face value" means the amount of the death benefit contracted for at the time the policy was purchased and does not include a dividend addition added after purchase of the policy.
  • "Viatical settlement" means an agreement allowing a third party to acquire a life insurance policy from a terminally ill individual at an agreed upon percentage of the life insurance policy's face value.

(c)The total cash surrender value of life insurance policies owned by the financial group is excluded if the total face value of all policies for the insured individual is less than or equal to $1,500. If the total face value of all policies for the insured individual is more than $1,500, the entire cash surrender value is counted as a resource to the owner of the policy. The total face value does not include dividend addition. A dividend accumulation must count as a resource even if the face value of the policy is excluded.

(B) The cash surrender value of a policy acquired through a viatical settlement is excluded.

461-145-0320

 

 

46. Loans and Repayment of Loans

A loan is a debt that the borrower must repay.

(1) This section 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 policy outlined in the other sections of this manual. The following policy applies to cash loans.

(2) For purposes of this section:

(a) In the GA(M), 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.

(B) "Negotiable loan agreement" means a loan agreement in which the instrument ownership and the whole amount of money expressed on its face can be transferred from one person to another (i.e., sold) at prevailing market rates.

(b) In all programs:

(A)"Reverse-annuity mortgage" means a contract with a financial institution under which the financial institution provides payments against the equity in the home that must be repaid when the homeowner dies, sells the home, or moves.

(B) The proceeds of a home equity loan or reverse-annuity mortgage are considered loans.

  • Note: A reverse mortgage can be received by a person age 62 or older as a loan against the equity in their home. The loan is due for repayment when the borrower permanently moves out or sells the property or upon death of the borrower. The loan can be received as monthly payments, as a lump sum, or as a line of credit. When it is a line of credit, only the funds the client withdraws from the line of credit are considered the client's assets.

(3) For payments that a member of the financial group receives as a borrower to be treated as a loan:

(a) In the SNAP, GA(M), OSIP, OSIPM, and QMB programs, there must be an oral or written loan agreement, and this agreement must state when repayment of the loan is due to the lender.

(b) In programs other than the SNAP, GA(M), OSIPM, and QMB programs, there must be a written loan agreement, and this agreement must be signed by the borrower and lender, dated before the borrower receives the proceeds of the loan, and state when repayment of the loan is due to the lender.

(4) Payments for a purported loan that do not meet the requirements of section (3) are counted as unearned income.

(5) When a member of a financial group receives cash proceeds as a borrower from a loan that meets the requirements of section (3):

(a) In all programs, educational loans are treated according to the policy on educational income.

(b) In the SNAP and REF(M) programs, the loan is excluded. If retained after the month of receipt, the loan proceeds are treated in accordance with 461-140-0070.

(c) In the GA(M), OSIPM, and QMB programs:

(A) If the loan is a bona fide loan agreement, the money provided by the lender is not income but is counted as the borrower's resource if retained in the month following the month of receipt (notwithstanding 461-140-0070).

(B) If the loan is not a bona fide loan agreement, the money provided by the lender is counted as income in the month received and is counted as a resource if retained in the month following the month it was received.

(6) In the OSIPM program, if a client or a spouse of a client uses funds to purchase a mortgage or to purchase or lend money for a promissory note or loan:

(a) In a transaction occurring on or after July 1, 2006:

(A) The balance of the payments owing to the client or spouse of the client is a transfer of assets for less than fair market value, unless all of the following requirements are met:

(i) The total value of the transaction is being repaid to the client or spouse of the client within three months of the client's life expectancy per SPD Worker Guide E.3.

(ii) Payments are made in equal amounts over the term of the transaction without any deferrals or balloon payments.

(iii) The contract is not canceled upon the death of the individual receiving the payments under this transaction.

(B) If the loan results in a disqualification and the disqualification period has been served, payments against the principal and interest are treated as unearned income.

(b) In a transaction occurring before July 1, 2006 or for a transaction occurring on or after July 1, 2006 that does not result in a disqualification in subsection (a) of this section, the loan is treated as follows:

(A) Interest income is treated as unearned income.

(B) The loan is counted as a resource if:

(i) The financial group includes a client in a nonstandard living arrangement and the client's spouse;

(ii) The transaction is on or after the date of the first continuous period of care; and

(iii) The amount of the loan plus other resources transferred exceeds the largest amount in 461-160-0580(2)(f) (community resource allowance).

(C) For all other loans:

(i) If the loan is both a negotiable loan agreement and a bona fide loan agreement, the loan is counted as a resource valued at the outstanding principal balance.

(ii) If the loan does not qualify under subparagraph (i) of this paragraph, payments against the principal are counted as unearned income.

(7) In the GA(M) and QMB programs:

(a) Interest income is treated as unearned income.

(b) If the loan is both a negotiable loan agreement and a bona fide loan agreement, the loan is counted as a resource of the lender valued at the outstanding principal balance.

(c) If the loan does not qualify under subsection (b) of this section, the payments against the principal are counted as income to the lender.

(8) In all programs other than the GA(M), OSIPM, and QMB programs:

(a) The interest payment is counted as unearned income.

(b) The payment of principal is excluded.

Note: Please contact SPD Central Office - Medicaid for assistance with the treatment of loans. Click here for the Technical Assistance Guide.

461-145-0330

47. Lodger Income

In the OSIPM and QMB programs:

(1) A lodger is a member of the household group who---

(a) Is not a member of the filing group; and

(b) Pays the filing group for room (rent), without or without board (meals).

(2) Lodger income is the amount a lodger pays the filing group for either the room, or room and board in the filing group's primary residence (i.e. the client is renting out a room in their home).

(3) Lodger income is treated as unearned income and can be reduced by the certain expenses.

(4) The allowable expenses are prorated based on the number of rooms for rent compared to the number of rooms in the home (excluding bathrooms, but including attics and basements if they have converted to living spaces). The allowable expenses include:

  • Interest and escrow portions of a mortgage payment
  • If the home is rented, the monthly amount the filing group pays for rent
  • Real estate insurance
  • Repairs (such as a minor correction to an existing structure)
  • Property taxes (if not included in the escrow portion of a mortgage payment)
  • Lawn care
  • Snow removal
  • Advertising for tenants
  • Utilities

(5) Lodger income is generally not treated as self-employment unless the filing group is in the business of renting out rooms (such as with a commercial boarding house or a bed and breakfast).

In the REF, REFM, and TANF programs, lodger income not excluded under OAR 461-155-0350 is treated as self-employment income.

In the SNAP program, lodger income is treated as self-employment income.

461-145-0340

 

 

48. Manufactured and Mobile Homes

(1) Manufactured and mobile homes are treated in the same manner as real property under 461-145-0420.

(2) Manufactured and mobile homes are subject to 461-145-0220 and 461-145-0250 if applicable.

461-145-0343

49. Military Income

This policy is regarding military pay and allowances. This income is treated as follows:

(1) Except as provided in section (2):

(a) Military income is counted as earned income of the member's financial group, 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.

(2) For SNAP:

(a) The military income available to the financial group is counted as unearned income if the member is not in the filing group, except as provided in subsections (b) and (c) of this section.

(b) The additional pay received by a member during deployment to an area described in 37 U.S.C. 310 (hostile fire or imminent danger pay) is excluded.

(c) Any amount reduced from basic pay for the GI Bill is excluded.

(d) The following process is used to determine the countable amount after the exclusions under subsections (b) and (c) of this section:

(A) The amount of the group's military income immediately prior to the deployment is determined.

(B) The current amount of the group's military income is determined.

(C) The lesser of the two amounts in paragraphs (A) and (B) of this subsection is countable income.

Procedures. In SNAP, the absent military member of a household is not included in the SNAP filing group. Only the money they send home, or make available to the group at home, is counted as unearned income. This income is generally made available to the SNAP filing group in one of several ways:

(1) Via a direct deposit of all or a portion of the military person’s pay into a joint bank account;
(2) Via an allotment arrangement made by the military person for a portion of his or her pay to be sent to the filing group; or
(3) Via a direct payment (such as a check) from the military person to the filing group.

All three of these methods are called military service allotments. Regardless of the arrangement made by the absent military member, only the portion of his or her pay, to which the filing group has access, is counted as unearned income to the group.

Workers are required to determine if any of the military allotment available to the filing group should be excluded for SNAP because the military person is deployed to a designated combat zone.

Procedures for determining the amount of military allotment to count:

Available means income that the filing group received and could spend as well as any of the income that may have been direct deposited and automatically used to pay the mortgage, utilities, common bills, etc.

(a) If the current amount is equal to or less than the amount the household was receiving prior to the deployment to a combat zone, count all of the allotment as unearned income.
(b) Exclude any portion of the deployed person’s military pay that exceeds the amount the group received prior to deployment to a combat zone.
(c) Code the countable part of the military allotment as WAR on page 2 of the FCAS screen.

How to verify this income. There are several ways the family at home can verify the situation.

The additional pay is excluded when an absent military person with one of these two pay codes is deployed to one of the following combat zones.

List of the combat zones allowed the exclusion:

461-145-0345

50. Motor Vehicle

(1) The value of disability-related apparatus, optional equipment, or low mileage is not considered in determining the fair market value 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 NADA Used Car Guide. If the vehicle is not listed in the NADA Used Car Guide, the "average trade-in value" established in the Kelley Blue Book is used. If the vehicle is not listed in the NADA Used Car Guide and Kelley Blue Book, the "average trade-in value" established in a similar publication is used. A client 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, and a similar publication, the estimate of the value by the client may be accepted unless it appears questionable, in which case additional evidence of the value is required.

(2) Some programs permit exclusion for a portion of the equity value for any licensed and unlicensed motor vehicles owned by the financial group:

(a) In the SNAP and REF(M) programs, this exclusion is up to $10,000 equity value of one licensed motor vehicle selected by the financial group is excluded.

(b) In the GA(M) programs, this exclusion is up to $4,500.

(c) Any remaining equity in that vehicle and the total equity value of all other vehicles is counted as a resource.

(3) In the OSIPM, and QMB programs:

(a) The total value of a vehicle selected by the financial group is excluded if it is used for transportation of the client of a member of the client's household.

(b) The total equity value of any vehicle not excluded in subsection (4)(a) and all other vehicles are counted as a resource.

Note: Examples of vehicles that would not be excluded under (4)(a) above, would be a vehicle that nobody drives because it is not licensed and/or insured or a vehicle for sale on a consignment lot.

 

(4) In the EPD programs, if a vehicle was purchased as an employment and independence expense or with moneys from an approved account, the total value of the vehicle is excluded.

461-145-0360

51. National and Community Services Trust Act (NCSTA), including AmeriCorps (other than AmeriCorps VISTA)

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.

(1) Treat NCSTA payments as follows:

(a) Exclude living allowance (stipend benefits) payments.

(b) Treat educational award and in-kind benefits as follows:

(A) For all programs except GA, exclude these benefits.

(B) For GA, treat these benefits according to the policy for the specific type of asset.

(c) Treat the child care allowance as follows:

(A) For SNAP clients, exclude the allowance as income and only allow the child care deduction for costs not covered by the allowance.

(B) For OSIPM and QMB exclude the allowance.

461-145-0365

52. Older Americans Act

(1) In all programs except SNAP and GA(M), benefits under Title III of the Older Americans Act of 1965 (Nutrition Program for the Elderly) are excluded. In the SNAP, GA(M) programs, these benefits are considered unearned income.

(2) In all programs except SNAP:

(a) A wage or salary paid to persons 55 years of age and older under Title V of the Older Americans Act of 1965 is considered earned income. Organizations receiving Title V funds are: Green Thumb, 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.

(3) For SNAP, exclude all payments made under Title V of the Older Americans Act of 1965.

461-145-0370

53. Noncitizen sponsor; Deemed Assets

In all programs except REF the assets of a sponsor and the spouse of the sponsor are considered the assets of the sponsored noncitizen unless at least one of the following subsections applies:

 

Deeming the sponsor's income:

In the OSIPM program, the deeming period is three years after the date the noncitizen was admitted for permanent residence. Deeming ends the last day of the month three years after the date of admission.

(a) For QMB the unearned income of the sponsor and the sponsor's spouse is added to their countable earned income, minus earned income deductions.

(b) For OSIPM the income of the sponsor or sponsor's spouse is not counted if any one of the following apply:

  • The noncitizen is a refugee admitted under section 207of INA
  • The noncitizen has been granted asylum under section208 of INA
  • The noncitizen has become blind or disabled since being admitted to the US.

For OSIPM an amount equal to the OSIPM income standard is deducted from the total amount of income deemed to the noncitizen. If the sponsor lives with a spouse, the two-person standard is deducted.

(c) For SNAP, for each sponsored noncitizen, the unearned income of the sponsor and the sponsor's spouse is added to their countable earned income, minus earned income deductions. This amount is divided by the number of the current sponsored noncitizens; household members who receive support from the sponsor and number of dependents.

461-145-0830

 

54. 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 leave a job before retirement.

(c) The following retirement plans if purchased by a client with funds from the 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 if purchased by a client with funds from the plans (authorized by section 408 of the Internal Revenue Code):

(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 OSIPM, and QMB programs, an annuity purchased by a client with funds from a plan authorized under subsection (c), (d), or (f) of this section.

(2) An annuity purchased by the spouse of a client with funds from a retirement plan described in subsection (1)(e) is not considered a retirement plan and is treated in accordance with 461-145-0020 and 461-145-0022.

(3) Benefits the client receives from pension and retirement plans are treated as follows:

(a) Monthly payments are counted as unearned income.

(b) All other payments not covered by subsection (a) of this section are counted as periodic or lump-sum income.

(4) In the OSIPM, and QMB programs:

(a) Except for an annuity purchased with funds from a retirement plan described in subsection (1)(c):

(A) The equity value of a pension or retirement plan is excluded as a resource if the individual is eligible for monthly or periodic payments under the terms of the plan and has applied for those payments. When an individual is permitted to choose or change a payment option, the individual must select the option that:

(i) Provides payments commencing on the earliest possible date; and

(ii) Completes payments within the actuarial life expectancy. See the Period Life Table, published by the SSA.

(B) The equity value of all pension and retirement plans not covered by paragraph (A) of this subsection that allow clients to withdraw funds, minus any penalty for withdrawal, is counted as a resource.

(b) The equity value of an annuity purchased with funds from a retirement plan described in subsection (1)(e) is excluded as a resource if it meets the payout requirements in the annuity section (10)(c). Otherwise, the equity value is counted as a resource.

(c) For a client in a standard living arrangement, pension and retirement plans owned by a non-applying spouse are excluded. Dividends and interest earned on pension funds owned by a non-applying spouse are excluded as income.  

 

(5) In all other program except the OSIPM and QMB programs, pension and retirement plans that allow clients to withdraw funds before retirement are treated as follows:

(a) In the SNAP program, the value of retirement accounts identified in sections 401(a), 403(a), 403(b), 408, 408(k), 408(p), 408A, 457(b), or 501(c)(18) of the Internal Revenue Code, or in a Federal Thrift Savings Plan account are excluded resources.

(b) In the OHP program, the equity value of the plan is excluded.

(6) In all programs except OSIPM, QMB and SNAP programs, the equity value of the plan, minus any penalty for early withdrawal, is counted as a resource.

  • Note: A member drawing PERS retirement benefits may be entitled to increased payments when the following criteria are met:
    • The PERS member is age 80 or more.
    • The beneficiary named by the PERS member is deceased.
    • The PERS member chose option 2 or 3 or lump sum option 2 or 3 when he or she retired.

In order for the PERS member to claim the increased payments, he or she will need to send a copy of the deceased beneficiary’s death certificate and a letter to PERS requesting the “age 80 increase.”  If eligible, the monthly PERS payments will be increased and there may be a retroactive payment issued.

In addition, when a PERS member dies, the surviving spouse or other beneficiary may be entitled to PERS benefits.  Within 90 days of the PERS member’s death, the spouse or other beneficiary should contact PERS to inquire about eligibility for payments or continued health insurance coverage. 

The contact information for PERS is as follows:

PERS Headquarters
P O Box 23700
Tigard, OR 97281-3700
Toll free:  1-888-320-7377
Fax:  503-598-0561

461-145-0380

55. Personal Belongings

Personal belongings are such items as household furnishings, clothing, heirlooms, keepsakes, and hobby equipment.

For all programs the value of personal belongings is excluded.

461-145-0390

56. Personal Injury Settlement

(1) For all programs, treat personal injury settlements as follows:

(a) Monthly payments are counted as unearned income.

(b) For all programs except grandfathered OSIPM, count all other payments as periodic or lump-sum income.

(c) For grandfathered OSIP(M) clients, count the balance from personal injury claims after the Department's lien is satisfied as lump-sum income. If the lien was not filed due to the recipient's failure to notify the Department of the claim, count the payment as unearned income.

(2) This policy does not apply to workers compensation payments.

461-145-0400

57. Plan for Self-Support

A plan for self-support allows a client to retain a part of his or her assets for a specific period of time so they can meet specific occupational goals. Social Security Administration may establish a plan for self-support with SSI recipients. SPD may also establish a plan for self-support with some GA, OSIP or QMB clients that are not eligible for SSI.

Assets listed in an approved plan for self-support are excluded.

461-140-0405

58. Program Benefits

(1) Treat GA, OSIP (except OSIP-IC), TANF and REF payments as follows:

(a) For all programs except SNAP:

(A) Exclude these payments in the month received and count as a resource any cash remaining in the months after receipt.

(B) Exclude payments made to correct an underpayment.

(b) For SNAP:

(A) Treat GA, OSIP, REF and TANF payments as unearned income.

(B) Treat any amount received as a late processing payment as lump-sum income.

(C) Treat payments made to correct an underpayment as lump-sum income.

(D) Treat ongoing special needs payments for laundry allowances, special diet or meal allowance, restaurant meals, accommodation allowances, and telephone allowances as unearned income. Exclude all other special needs payments as reimbursements.

(3) Exclude payments from SNAP, GAM, OSIPM, QMB, REFM and TANF-related medical.

(4) Exclude JOBS, JOBS Plus and OFSET service payments.

(5) Payments from OSIP-IC are treated as follows:

(a) In the SNAP program, these payments are counted as unearned income and assets held in a contingency fund (see 411-030-0020) are counted as a resource.

(b) In all other programs, these payments and funds held in a contingency fund are excluded.

461-145-0410

59 Qualified Partnership Policy

In the OSIPM program:

(1) When a client in a non-standard living arrangement applies for OSIPM, exclude a resource amount equal to the insurance payments received under a qualified partnership policy, as of the initial month of eligibility, unless the policy was purchased in a state that does not participate in reciprocity.

(2) The resources excluded under this provision can be any resources that would otherwise be counted, except for a home with equity that exceeds the limit in 461-145-0220 (2)(a).

(see WG.10 for additional information)

461-160-0855

 

 

60. 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, exclude these payments.

461-145-0415

61. RARE

The Research Assistance for Rural Environments (RARE) is a program administered through the University of Oregon. The program assists rural communities in their efforts to improve their economic, social and environmental conditions. Local communities request the assistance of this program and provide part of the funding. The program is supported through grants from various federal and state agencies. In addition, this program sometimes includes funding from The National and Community Services Trust Act (AmeriCorps).

RARE participants are graduate-level people who reside in the local community. They work in this program for 11 months and receive monthly living stipend and medical health insurance.

The stipend may include funding from the Corporation for National and Community Services (AmeriCorps). The stipend may be counted differently depending on their participation in AmeriCorps. If the RARE participant is also getting funding from AmeriCorps, they will have a signed agreement showing this participation.

With proof of AmeriCorps participation, exclude the RARE living allowance (stipend benefits) for SNAP.

461-145-0365

Without proof of AmeriCorps participation, count the RARE living allowance (stipend benefits) as earned income.

461-140-0010

62. Real Property

(1) For purposes of this rule, manufactured and mobile homes and floating homes are treated in the same manner as real property.

(2) The applicant has the burden of proof of establishing the fair market value 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.

Sometimes tax assessor records are not the best way to determine fair market value. For example, current property tax records may overvalue property that has deteriorated.  An appraisal may reflect a more realistic property value.  Alternatively, property tax records may sometimes undervalue property, such as homes, farmland, and timberland.  If property is appraised at or sells for more than the tax assessor’s listed current market value then the most accurate property value is the greater of the appraisal’s value or what it sold for. 

If property sells for less than either the tax assessor’s current market value or an appraisal’s value, then that is a red flag to investigate why a sale was for less than fair market value.  Sales or transfers of property for less than fair market value are potentially disqualifying transfers.  Generally, the following methods can help to accurately determine fair market value:

  • Using the highest value identified by the county assessor on the most recent property tax record.
  • Using the value established by an appraisal or comparative market analysis as the current amount the real property would sell for on the open market.
  • Using the gross sale price of property that has sold.

(3) Treat real property that is not income-producing or the financial group's home as follows:

(a) For REF, count as a resource the equity value of all real property that is not excluded under a TANF Interim Assistance agreement.

(b) For SNAP, exclude real property if the financial group is making a good-faith effort to sell the property at a fair market price. If the group refuses to make a good-faith effort to sell, count the equity value of the property as a resource. The resource is excluded if selling the resource would produce a net gain to the financial group of less than $1,500.

(c) For GA(M), OSIPM, and QMB:

(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 property at a reasonable price, unless the equity value in the home makes the client ineligible under 461-145-0220(2)(a).

(b) Count the equity value of all other real property as a resource unless the financial group is making a good faith effort to sell the property. The equity value is counted after the property is excluded for nine months unless the failure to sell it is for reasons beyond the reasonable control of the financial group.

Note: A good-faith effort to sell property includes listing the property for sale in the local newspaper, putting a "For Sale" sign on the property, and/or listing the property with a real estate company.

(4) The treatment of real property that is income producing is covered in income producing property property above.

(5) The treatment of the home of the financial group is covered in the policy on homes above.

461-145-0420

63. Real Property Excluded Under TANF Interim Assistance Agreement

See 461-145-0430.

461-145-0430

64. 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 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).

(b) An ATV, boat, camper, dune buggy, plane, snowmobile, and trailer, unless the item qualifies as a capital asset or as work-related equipment.

(2) Except as provided in section (4), for all programs, the equity value of recreational vehicles is counted as a resource.

(3) In the SNAP program, the equity value of a recreational vehicle is excluded if selling the vehicle would produce a net gain to the financial group of less than $1,500.

461-145-0433

65. Refunds

(1) Exclude the following refunds in the month they are received:

(a) Refunds on merchandise that was purchased or received as a gift.

(b) Refunds of utility and rental deposits.

(2) Count any refund amount remaining after the month of receipt as a resource. See rule 461-145-0530 for information on tax refunds.

461-145-0435

66. Reimbursement

(1) A reimbursement is money or in-kind compensation provided specifically for an identified expense.

(2) For the treatment of USDA meal reimbursements, see 461-145-0570.

(3) The reimbursement of a business expense for a self-employed client is treated as self-employment income.

(4) Except as provided in sections (2) and (3), a reimbursement is treated as follows:

(a) For all programs except SNAP, a reimbursement is treated as follows:

(A) An in-kind reimbursement is excluded except as provided in subsection (c) below.

(B) A reimbursement in the form of money is excluded if used for the identified expense, unless the expense is covered by program benefits.

(C) A reimbursement is counted as periodic or lump-sum income if not used for the identified expense.

(D) A reimbursement for an item already covered by the benefit group's benefits is counted as periodic or lump-sum income.

(b) For SNAP:

(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 reimbursements are treated as follows:

(i) An in-kind reimbursement is excluded.

(ii) A reimbursement is excluded if used for the identified expense, unless the expense is covered by program benefits.

(iii) A reimbursement is counted as periodic or lump-sum income if not used for the identified expense.

(iv) A reimbursement for an item already covered by the benefit group's benefits is counted as periodic or lump-sum income.

(c) In the SNAP, OSIPM and QMB programs, an expenditure by a business entity that benefits a principal is counted as earned income (see OAR 461-145-0130).

461-145-0440

67. Resettlement and Placement Grants

(1) A Resettlement and Placement (R & P) grant is a payment made by the United States Department of State through national refugee resettlement agencies to local resettlement agencies, refugee sponsors and refugees. The R&P grants are provided to the resettlement agencies to help with the costs of initial resettlement of refugees in the United States. The resettlement agencies provide a part of this grant to refugees, usually in their first month after arrival, for their initial resettlement needs, and not for ongoing living expenses.

(2) For REF(M), R & P grants are excluded from consideration as income and resources for purposes of determining program eligibility.

(3) For GA, OSIPM and QMB, a R & P grant determined to be available to the refugee case is considered unearned income.

(4) For SNAP, the first $300 of the R & P grant is excluded from SNAP eligibility consideration as a cash contribution from a charitable organization. An amount exceeding $300.00 paid directly to a SNAP household from an R & P grant is unearned income.

461-145-0455

68. Sale of a Resource

(1) For APD programs (for grandfathered OSIPM and GA see OAR 461-145-0460), treat proceeds from the sale of a resource as follows:

(a) Count proceeds from the sale of a resource (other than a home) received on a monthly basis as unearned income. Treat proceeds received on a lump sum basis as follows:

(A) If the proceeds are from the sale of an excluded resource, exclude the amount reinvested in another excluded resource. Count the remainder as a resource.

(B) Count the proceeds from all other sales as a resource. If the proceeds put the benefit group over the resource limit, treat the monies as periodic or lump-sum income.

(b) Proceeds from the sale of the home of the financial group are excluded for three months if the financial group intends to use the proceeds to buy another home, except as follows: 

(A)  In OSIPM (except for clients eligible under OAR 461-135-0771) and QMB programs, proceeds from a home sold on or after October 1, 2012, are treated as follows:

(i) Principal payments, including lump-sum payments, are excluded for three full calendar months from the date of receipt if the financial group intends to use the proceeds to buy another home or for associated costs including:

  • Down payments;
  • Settlement Costs;
  • Loan and processing fees and points;
  • Moving expenses;
  • Necessary repairs to or replacement of the new home’s structure or fixtures (including roof, furnace, plumbing, built-in appliances) that are identified and documented prior to occupancy; and
  • Mortgage Payments.

(ii) For purposes of subparagraph (A)(i) of this section funds, obligated by contract within three full calendar months are also excluded.

Example, Sam sells his home and receives a lump sum payment of $100,000.  One month after he received the proceeds from the sale of his home, he purchased a new home for $95,000. 

At the same time, he entered into a contract with a roofing company to repair the roof on the new home.  The contract terms state that Sam will pay the contractor $5000 once the roof is repaired and the work is completed.  The contractor has stated that it will be 5 months before the work is completed.

 Even though Sam has not “spent” the $5000 within 3 months of receiving the funds from the sale of his home, this amount is still excluded.  Because he entered into the roofing contract, and became obligated to pay $5000 upon completion of the work, the funds are considered to have been reinvested in the purchase of another home, and are therefore excluded.    In this instance, Sam reinvested the entirety of the proceeds of the sale of his home in another home.  The entire proceeds are excluded. 

(iii)     Interest Payments are counted as unearned income.

(c) The proceeds from the sale of a home that are not reinvested in another home are counted as a resource

(B)  In the OSIPM, and QMB programs, for a home sold on or after October 1, 2012:

(i)  Principal is counted as a resource

(ii)      Interest payments are counted as unearned income.

(C)     In the SNAP program, proceeds are treated as lump-sum income (see OAR 461-001-0000) under OAR 461-140-0120

(d) In the SNAP program,

(A) Interest received monthly or on another periodic basis from the sale of a home is counted as unearned income.

(B) If a self-employed client sells a work-related asset, including equipment and inventory, the proceeds of the sale are treated as self-employment income (see OAR 461-145-0910).

(2) Costs of the type excluded under OAR 461-145-0920 are subtracted from proceeds counted as income under this rule.


Note: See rule 461-145-0240 for information on how to treat the proceeds from a resource sold on contract.

 

461-145-0460

69. Shelter-in-Kind Income

Shelter-in-kind is when an agency or person outside the financial group provides the financial group's shelter, or makes a payment to a third party for some or all of the group's shelter costs.

Shelter-in-kind does not include temporary shelter provided by a domestic violence shelter, homeless shelter, residential alcohol and drug treatment facilities or situations where no shelter is being provided, such as sleeping in a doorway, park or bus station.

(1) Except as provided in section (2) of this rule:

(a) In the GA(M) programs, shelter-in-kind payments are excluded.

(b) In the REF(M) programs, shelter-in-kind payments are excluded.

(c) In the SNAP program, shelter-in-kind housing and utility payments are excluded (see 461-145-0130 about exclusion of earned in-kind income), except an expenditure by a business entity for shelter costs of a principal (see Corporations above) is counted as income.

(d) In the OSIPM and QMB program:

(A) Except as provided in paragraph (C) below unearned shelter-in-kind income is treated as follows:

(i) Shelter-in-kind payments from HUD are excluded.

(ii) If the shelter-in-kind includes all housing and utilities, the shelter-in-kind standard for total shelter is counted as unearned income.

(iii) If the shelter-in-kind includes all housing (utilities are not included), the shelter-in-kind standard for housing costs is counted as unearned income.

(B) Except as provided in paragraph (C) below, earned shelter-in-kind income is treated as follows:

(i) If shelter is provided for services related to the employer's trade or business and acceptance of the shelter is a condition of employment, the shelter-in-kind income is treated in accordance with paragraph (A) of this subsection.

(ii) Except as provided in subparagraph (i) of this paragraph, the fair market value of the shelter is counted as earned income.

(C) In the OSIPM programs, when a prorated standard is used (see 461-155-0250) shelter-in-kind income is excluded.

(2) 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.

461-145-0470

70. Social Security Benefits

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.

Social Security benefits (SSB) are treated as follows:

(1) Monthly payments are counted as unearned income.

(2) Except as provided in section (3), all payments other than monthly payments are counted as periodic or lump-sum income.

(3) In the SNAP program, the representative payee fee paid by a client 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. The representative payee must be a community-based nonprofit social services agency which is bonded or licensed by the state. The current representative payee amount can be found at:  http://www.socialsecurity.gov/payee/fee_fact_sheet.htm (new link)

(4) In the OSIPM (except EPD) and QMB programs:

(a) Retroactive payments are counted as unearned income in the month of receipt except as provided in subsection (c) of this section. 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.

(c) When retroactive payments are made through the representative payee of an individual who is required to have a representative payee because of drug addiction or alcoholism, 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) Any remaining amount from a retroactive payment after the month of receipt is counted as an excluded 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 resource.

461-145-0490

71. Social Security Death Benefit

Money remaining from Social Security death benefits after the payment of burial costs is treated as lump-sum income.

461-145-0500

72. Spousal Support

(1) Spousal support is income paid (voluntarily, per court order or per administrative order) by a separated or divorced spouse to a member of the financial group.

(2) In the OSIPM, QMB, REF(M) programs, spousal support is counted as unearned income. Do not allow spousal support paid by the group as an income deduction, except as provided in 461-160-0620.

(3) 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.

461-145-0505

73. SSI

(1) In the SNAP program, if a client is required by law to receive an SSI benefit through a representative payee, the representative's fee is excluded. The current representative payee amount can be found at:  http://www.socialsecurity.gov/payee/fee_fact_sheet.htm (new link)

(2) In the GA(M) program:

(a) A monthly SSI payment is counted as unearned income.

(b) Lump-sum SSI payments are counted according to 461-140-0120.

(3) In the SNAP program:

(a) A monthly SSI payment is counted as unearned income.

(b) A lump-sum SSI payment is excluded.

(4) In the OSIPM (except EPD) and QMB programs, a retroactive SSI payment is excluded for nine months after the month of receipt. After the nine-month period, any remaining amount is a countable 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.

461-145-0510

74. Stocks, Bonds and Other Securities

(1) Except as provided in section (2) the equity value of mutual funds, and, securities (including stocks, bonds, educational savings bonds), and certificates of deposit (CDs), is counted as a resource.

(2) 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.

(3) Interest and dividends on items covered by section (1) are treated as provided in that policy.

(4) A request for a hardship waiver may be made to the United States Department of the Treasury, Bureau of Public Debt, Accrual Services Division, PO Box 1328, Parkersburg, West Virginia 26106-1328.

461-145-0520

75. Strikers' Benefits

Strikers' benefits are payments made to strikers by their union, whether or not based on the striker's participation in picketing. Treat these payments as follows:

(1) For all programs except SNAP, count as unearned income.

(2) For SNAP, exclude these payments, unless the striker's current income is higher than their pre-strike income. If so, count as unearned income.

461-145-0525

76. Tax Refund

For all programs except GA(M), count the following types of tax refunds as a resource. For GA(M), count these refunds as unearned income:

(1) Income tax refunds.

(a) Effective December 17, 2010, a federal income tax refund received after December 31, 2009 and before January 1, 2013 is excluded from a client's resources for the 12 calendar months following receipt of the refund.

(b) Any other income tax refund is counted as a resource.

(2) Property tax refunds, including Elderly Rental Assistance (ERA) are counted as a resource.

 

461-145-0530

77. Ticket to Work

Ticket to Work is a Social Security Program mandated under the Ticket to Work and Work Incentives Improvement Act of 1999. The intent is to enable social security beneficiaries to obtain, regain or maintain employment and to reduce their dependency on cash assistance.

Ticket to Work is for most Social Security Disability (SSD) and Supplemental Security Income (SSI) clients who are between age 18 and 65. The program is voluntary. Recipients may use the “ticket” to obtain vocational rehabilitation, employment or other support services from an approved provider of their choice to help them to go to work and achieve their employment goals. The recipient may be placed in on-the-job training or in school.

Most recipients participating in the Ticket to Work program are not receiving money from SSA for Ticket to Work. Instead, SSA is sending payments to the provider to reimburse the provider for their costs to provide the services. The recipient may continue to get SSD or SSI while in the training, etc. They may be paid a wage when work begins. They lose SSD or SSI when their income exceeds the allowable limits for SSD or SSI.

Some recipients of Ticket to Work will receive a stipend or training allowance. For SNAP, the stipend from a vocational rehabilitation program is counted as earned income. For all other programs, the stipend is counted as unearned income.

For all programs, count the income from employment as earned income. Count SSD or SSI as unearned income.

For REF(M), if the Ticket-to-Work participant receives SSI, the stipend does not count as income because the SSI recipient is not in the Financial Group.

461-110-0530

78. Transfer on Death Deed

The transfer will not supersede recovery by the Estates Administration Unit

461-135-0845

79. Trusts

(1) Trust funds are money, securities or similar property held by a person or institution for the benefit of another person.

(2) This section applies to all trust funds for SNAP and REF(M). It also applies to GA(M), OSIPM and QMB for trust funds established before October 1, 1993:

(a) Count trust funds as a resource if the fund is legally available for use by a member of the financial group for items covered by program benefits. For OSIPM and QMB, the amount of the trust that is considered legally available is the maximum amount that could be distributed to the beneficiary under the terms of the trust, regardless of whether or not the trustee exercises his or her authority to actually make the distributions.

(b) Exclude trust funds if the fund is not available for use by a member of the financial group. Require the group to pursue removing legal restrictions on the trust, unless this will cause an expense to them.

(c) Count as a medical resource the part of the fund available for use for medical expenses covered by the medical program for which the financial group is eligible.

(3) For OSIPM and QMB, treat trust funds established on or after October 1, 1993, per sections (4) through (10) below. For GA(M), trust funds established on or after October 1, 1993,are treated in accordance with sections (4) through (8)

(4) A trust shall be considered established if the financial group used their resources to form all or part of the trust and if any of the following established a trust, other than by a will:

(a) The client.

(b) The client's spouse.

(c) Any other person, including a court or administrative body, with legal authority to act in place of or on behalf of the client or the client's spouse.

(d) Any other person, including a court or administrative body, acting at the direction or upon the request of the client or the client's spouse.

(5) If the trust contains resources or income of another person, only the share attributable to the client will be considered as available.

(6) Except for section (9) below, the following factors are ignored when determining how to treat a trust:

(a) The purpose for which the trust was established.

(b) Whether or not the trustees have or exercise any discretion under the trust.

(c) Any restrictions on when or if distributions may be made from the trust.

(d) Any restrictions on the use of distributions from the trust.

(7) If the trust is revocable, treat it as follows:

(a) The total value of the trust shall be considered a resource available to the client.

(b) Any payments made from the trust to or for the benefit of the client shall be considered as unearned income.

(c) Payments from the trust other than to or for the benefit of the client are considered as a transfer of assets covered by 461-140-0210 and following.

(8) If the trust is irrevocable, treat it as follows:

(a) If, under any circumstances, the funds transferred into the trust are unavailable and the trustee has no discretion in which to distribute funds to or for the benefit of the client, the client is subject to a transfer of resources penalty as outlined in 461-140-0210 and following.

(b) If, under any circumstances, payments could be made to or on behalf of the client, the share of the trust from which the payment could be made shall be considered a resource. Payments made for any reason other than to or for the benefit of the client shall be considered a transfer of assets subject to disqualification per rule 461-140-0210.

(c) If, under any circumstances, income is generated by the trust and could be paid to the client, such income will be considered as unearned income. Payments made for any reason other than to or for the benefit of the client shall be considered a transfer of assets subject to disqualification per rule 461-140-0210.

(d) If any change in circumstance makes assets (income or resources) from the trust unavailable to the client, a disqualifying transfer will be assessed as of the date of the change.

(9) Notwithstanding the above sections (1) and (3) to (8), the following trusts shall not be considered in the resource or income determination process for OSIPM and QMB:

(a) Special needs trust. A trust containing the assets of a client determined disabled by SSI criteria that was created prior to age 65, if the trust was established by one of the following, and the state will receive all funds remaining in the trust upon the death of the client, up to the amount of medical benefits provided on behalf of the client:

(A) The client's parent.

(B) The client's grandparent.

(C) The client's legal guardian or conservator.

(D) A court.

(b) Income cap trust. A trust established between October 1, 1993 and March 31, 1995 for the benefit of the client and containing only the current and accumulated income of the client. The accumulated amount remaining in the trust shall be paid directly to the state upon the death of the client up to the amount of medical benefits provided on behalf of the client. The trust is the total income in excess of the income standard for OSIPM. The remaining income not deposited into the trust shall be available for the following deductions in the order they appear prior to applying the patient liability:

(A) Personal needs allowance.

(B) Community spouse monthly maintenance needs allowance.

(C) Medicare and other private medical insurance premiums.

(D) Other incurred medical.

(c) Income cap trust. A trust established on or after April 1, 1995 for the benefit of the client whose income is above 300 percent of the full SSI standard and containing the current and accumulated income of the client. The accumulated amount remaining in the trust shall be paid directly to the state upon the death of the client up to the amount of medical assistance provided on behalf of the client. The trust contains all of the client's income. The income deposited into the trust shall be distributed monthly in the following order:

(A) Personal needs allowance and applicable room and board standard.

(B) Reasonable administrative costs of the trust, not to exceed a total of $50 per month, including the following:

(i) Trustee fees.

  • Note: If the client is the trustee, it is not reasonable to allow a trustee fee because that fee is meant for hiring another person to manage the trust, and any such income would raise the client's income, which would of course have to be run through the income cap trust.

(ii) A reserve for administrative fees and costs of the trust, including bank service charges, copy charges, postage, accounting and tax preparation fees, future legal expenses, and income taxes attributable to trust income.

(iii) Conservatorship and guardianship fees and costs.

(C) Community spouse and family monthly maintenance needs allowance.

(D) Medicare and other private medical insurance premiums.

(E) Other incurred medical care costs as allowed under 461-160-0030 and 461-160-0055.

(F) Contributions to reserves or payments for child support, alimony, and income taxes.

(G) Monthly contributions to reserves, outside of the trust, or payments for the purchase of an irrevocable burial plan with a maximum value of $5,000. The client may use one of the following for a burial fund:

(i) Up to $1,500, which may be excluded from resources; or

(ii) Up to $5,000, if the client has an income cap trust, which can be held in reserve (this must be in an account outside of the trust, not part of the income cap trust), as described under 461-145-0540(9)(c)(G).

(H) Contributions to a reserve or payments for home maintenance if the client meets the criteria of 461-155-0660 or 461-160-0630.

(I) Patient liability not to exceed the cost of home and community based care or nursing facility services.

  • For more information on income cap trusts, see OSIP WG.5.

(10) Pooled trust. This section of the rule applies to a trust signed on or after July 1, 2006.

(a) Notwithstanding the provisions of sections (1) through (8), a trust that meets the requirements of subsection (b) of this section is not considered in determining eligibility for OSIPM and QMB, except that if the client is age 65 or older when the trust is funded or a transfer is made to the trust, the transfer may constitute a disqualifying transfer of assets under 461-140-0210 and following.

(b) This section of the rule applies to a trust that meets all of the following conditions:

(A) The trust is established and managed by a non-profit association.

(B) A separate account is maintained for each beneficiary of the trust, but, for purposes of investment and management of funds, the trust pools these accounts.

(C) The trust is established by the client, client's parent, grandparent, or legal guardian or a court for clients who have disabilities.

(D) Upon the death of the beneficiary or by termination of the trust, the trust pays to the State an amount equal to the total medical assistance paid on behalf of the beneficiary under the State plan for Medicaid. The amount paid to the state may be reduced by administrative costs directly related to administering the sub-trust account of the beneficiary.

(E) The trust contains the resources or income of a client who has a disability that meets the SSI criteria.

(11) For GA(M), OSIPM and QMB, the provisions of this rule may be waived for an irrevocable trust if the Department determines that denial of benefits would create an undue hardship on the client if, among other things:

(a) The local branch may determine undue hardship if:

(A) The absence of the services requested may result in a life-threatening situation.

(B) The client was a victim of fraud or misrepresentation.

(b) An Assistant Director of the Department or their designee may determine that an undue hardship exists, based on the facts presented.

461-145-0540

80. Unemployment Compensation Benefits

Unemployment compensation benefits are treated as follows:

(1) Retroactive payments are counted as periodic or lump-sum income.

(2) Disaster Unemployment Assistance is treated as provided in the section on disaster relief.

(3) The $25 supplemental payment authorized by the American Recovery and Reinvestment Act of 2009 is excluded from countable income.

(4) All payments not covered under sections (1) to (3) are counted as unearned income.

461-145-0550

81. 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.

461-145-0560

82. USDA Meal Reimbursement

(1) USDA meal reimbursements are cash reimbursements for family day care providers who serve snacks and meals. The reimbursements are made by the Department of Education and the amount of the reimbursement is determined by family size and income.

(2) USDA meal reimbursements to child care providers for children in their care are counted as self-employment income.

(3) The portion of USDA meal reimbursements made for children in the filing group is excluded.

Child care providers often have young children of their own who are present at the same time as children in care. When the provider receives the USDA meal reimbursement, they submit the voucher for both the children in care and their own children who were present for the snacks and meals. Exclude the part of the meal reimbursement for the provider's own children as follows:

  1. Determine the total number of children (not in filing group) who receive meals or snacks.
  2. Determine the total number of children (in filing group) also receiving meals or snacks.
  3. Total (a) and (b) above.
  4. Determine the total amount of monthly meal reimbursements.
  5. Divide the total from (c) into the meal reimbursement in (d) to arrive at the amount of reimbursement per child.
  6. Multiply the result of (e) by the number of children in (a) to arrive at the countable USDA meal reimbursement. Count as SEC.

461-145-0570

83. Veterans' Benefits- Updated 10/2014

(1) Treat veterans' benefits, other than Aid and Attendance and educational benefits, as follows:

(a) Count monthly payments as unearned income.

(b) Count other payments as periodic or lump-sum income.

(2) Treat veterans' Aid and Attendance payments as follows:

(a) For OSIPM, and QMB clients receiving long-term care or home and community based care:

(A) When determining eligibility, the entire veterans' benefit payment is excluded when it includes Aid and Attendance.

(B) Count as unearned income the entire veterans' benefit when calculating monthly benefits or patient liability.

  • Note: If the excluded amount of veterans' benefits plus other income exceeds 300% of SSI, code CMS with an INT case descriptor to prevent the case form going NA.

(C) Exclude payments for services not covered by the Department's programs.

  • Code disability and Aid and Attendance benefits in ACCESS as Veteran benefits and retirement benefits as Military pension.
    • Veteran benefits – The N/R Type defaults to UME. Change from UME to VET when integrating if the client is either NOT residing in a nursing facility, is residing in a nursing facility but the VA benefit has not been reduced to $90, or is residing in a state-run Veterans’ nursing facility.  Leave the UME N/R Type only if the client receives Aid and Attendance payments of $90 AND is residing in either a traditional nursing facility or a federally-run Veterans’ nursing facility. 
    • Military Pension – the N/R Type will be blank when you bring it down after clicking Change N/R List during integration, so you must manually enter VET.

(D) If the client receives a payment covering a previous period of eligibility, the client is required to turn over to the Department the lesser of either the full amount of the Aid and Attendance payment, or the Department’s portion of the cost of institutional and home and community based care provided to the client during each of the individual months covered by the payment including any amount received for the current month (we consider the current month to be a previous period of eligibility for the purposes of this policy since the client is billed for their portion of the cost for Medicaid LTC services at the beginning of the month).  A client's failure to reimburse the Department in this instance constitutes an overpayment of public assistance in accordance with 461-195-0501 and 461-195-0521 and ORS 411.640 and 411.690. Any excess veterans' benefit payment made to the client is counted as lump-sum income in the month received per OAR 461-140-0120(4)

For newly approved Aid and Attendance clients, do not increase the client liability or pay-in for the following month unless there is time to mail a continuing benefit decision notice as per OAR 461-175-0230(3)(b).  Even if there is not time to send notice the client is still required to turn any aid and attendance received in the following month to the Department as a payment covering a previous period of eligibility, but we cannot include it in the client’s liability calculation until we give adequate notice.

  • Note: Use the SCLM screens for CBF clients and the HINQ and SFMU screens for in-home service clients to determine the amount of the Department’s service payment.  For NF cases, search for the appropriate time frame under CLAIMS in MMIS.

For CBF clients, find the appropriate time period in the Serv Beg and Serv End columns and add up the corresponding amounts in the Paid column. The total will be the Department's service payment.

SCLM,r,prime #
SCLM

For in-home clients, it is a two-step process. You must first view the HINQ screens to determine the total cost of services. Then you will view the SFMU (pay-in) screens to determine how much the client paid. The difference between the total cost of services and what the client paid is the Department's service payment:

HINQ,r,prime # - Type s in the row that corresponds to the appropriate month and press Enter to access the HINV screen
HINQ

HINV - From this screen, press or click F11 - HDTL
HINV

HDTL - To determine the total service payment, look at the BILL TOTAL amount.  Repeat for each month covered under the retroactive A&A payment (make sure to record it somewhere before looking at the next month). 
HDTL
Now it's time to determine what the Department paid. Remember you will have to look at the SFMU screens to find the client’s pay-in for those months and subtract from the BILL TOTAL

SFMU,r,prime # - Enter the client’s prime number in the Prim ID field, type any character next to Monthly Accounts (MACT) and press Enter
SFMU

MACT - Find the appropriate months under Date Eff, and look at the Amt Paid column to find the client’s portion of the total service payment.  Again, you will subtract this amount from the BILL TOTAL amount on the HDTL screen for each month covered in the retroactive A&A payment.
MACT  

Once the total amount due is calculated, the money should be collected and receipted according to the SSAM (II.G.3, Receipting Repayment for Past Assistance – http://www.dhs.state.or.us/spd/tools/additional/ssam/02.g.htm#03

Example 1: Scott has been residing in an Assisted Living Facility for the last 18 months as a Level 2 ($1,242.00).  His income is $1,038.00, he has $20.00 in medical deductions for prescriptions, his liability is $308.00 ($1,038 - $710 OSIPM standard - $20 RX costs = $308.00), and the Department’s service payment is $934.00 ($1,242.00 ALF rate - $308.00 liability = $934.00).  In September, he learned that he was approved for $850.00 per month in Aid and Attendance benefits from the Veterans Administration.  He notifies you that the effective date was 6 months prior (in March) and that he received a check for $5,950.00 which includes his current month’s (September) benefit.  Scott was hospitalized in June for 24 days and his liability covered the ALF’s payment for that month (i.e. the Department did not pay the ALF in June).  In this case, Scott would be responsible to pay $850.00 per month (except for June) because it’s less than the Department’s service payment.  The total amount payable to the Department would be calculated as follows:

  • $850.00      March
  • $850.00      April
  • $850.00      May
  • $0.00          June
  • $850.00      July
  • $850.00      August
  • $850.00      September
  • $5,100.00 Total Due to the Department
  • The extra $850.00 he received in September (for June) is countable as lump-sum income in September (less the $20 exclusion allowed in 461-140-0120).  In October, you would have to determine how much of the $830.00 was left and include it in his countable resources.  If it will put him over resources, he will have to spend down to remain eligible; one option would be to repay the Department for past assistance.

  • Note: Remember that his ongoing Aid and Attendance payments are not countable when determining financial eligibility; they are only used to calculate his liability

 Example 2: Gladys is a longtime in-home service client.  Her total cost of services is $584.91, her income is $1,332.00, her pay-in is $122.00 ($1,332.00 income - $1,210.00 need standard = $122.00), and the Department’s service payment to her HCW has consistently been $462.91 per month.  She was notified in December that she was approved for Aid and Attendance benefits of $1,000.00 per month back to July.  She received $6,000.00 in December, which included the current month’s benefit and the previous 5 months.  In this case, she would be responsible to pay back the Department’s service payment from July – December calculated as follows:

  • July:       $462.91
  • August    $462.91
  • Sept.       $462.91
  • Oct.        $462.91
  • Nov.       $462.91
  • Dec.        $462.91 
  • Total       $2,777.46

The excess benefits are subtracted from the retroactive portion of the payment and would total $2,222.54 ($5,000 - $2,777.56 = $2,222.54). This amount, (less the $20 exclusion) is counted as lump-sum income in December and as a resource in January.  The reporting and notice requirements prevent her from losing eligibility in December due to excess income; however, she would be over resources beginning in January.  In this scenario, Gladys would need to spend down so that she remains resource eligible.  One option would be to reimburse the Department for other past assistance.  The amount of the reimbursement will depend on her other countable resources, but would be a minimum of $202.54 ($2,222.54 countable lump-sum income - $20 lump-sum exclusion - $2,000 resource limit = $202.54).

Example 3:  Patrick has been in a nursing facility for 9 months at the basic rate of $5,928.35 per month.  His gross income is $925.00 per month.  In April, his daughter informs you that he was approved for $1,000.00 per month in Aid and Attendance benefits retroactively back to January and that he just received a check for $4,000.00 (which covers January – April).  Patrick’s NF liability is $895.00 and the Department’s service payment to the NF is $5,033.35.  In this scenario, Patrick would owe the Department the amount of his total A&A benefit for the months of January, February, March, and April:

  • Jan:        $1,000.00
  • Feb:        $1,000.00
  • Mar:       $1,000.00
  • April:       $1,000.00
  • Total       $4,000.00

(c) For all other clients not covered under subsection (a) of this section:

(A) In the SNAP program, the aid-and-attendance payments used to pay for an attendant are treated as a reimbursement and excluded (see OAR 461-145-0440). The remaining benefits, if any, are counted as unearned income.

(B) In the QMB program, the aid-and-attendance payments are excluded. The remaining benefits are counted unless excluded under another rule or another section of this rule.

(C) Reimbursements paid to the client for costs and services already paid for by the Department are third-party resources and should be recovered from the client as an overpayment of public assistance in accordance with 461-195-0501, 461-195-0521 and 461-145-0551. Count any unrecovered third-party resource or payment above the actual cost as lump-sum or periodic income.

  • Note: If a client's Aid and Attendance income makes the total income over the 300% of SSI, an income cap trust is not needed.

(3) Treat educational benefits from the Veterans' Administration according to rule 461-145-0150.

(4) The following payments are excluded:

(a) Payments under 38 U.S.C. 1805 to biological children of Vietnam veterans who are born with spina bifida.

(b) Payments under 38 U.S.C. 1815 to children with birth defects born to female Vietnam veterans.

(5) A subsistence allowance from a training and rehabilitation program of the United States Veterans Administration is treated:

(a) In the Food Stamp program, as earned income.

(b) In all other programs, it is as unearned income.

    • Note: The Chapter 31 VA Vocational Rehabilitation program is for disabled veterans and a few dependents. Look for VA disability income also.

461-145-0580
Vocational rehabilitation payments: 461-145-0585

84. Victims' Assistance

(1) Payments to victims of Nazi persecution covered by Public Law 103‑286 and payments to victims of crime under 42 U.S.C. 10602 (The Crime Act of 1984) are excluded as income, and amounts retained are excluded as a resource as long as the amounts are not commingled with other funds.

(2) For other types of victims' assistance:

(a) Treat payments that are considered a reimbursement for a lost item according to 461-145-0440.

(b) Treat payments for pain and suffering as personal injury settlements according to 461-145-0400.

461-145-0582

85. Vocational Rehabilitation Payment

(1) Except as provided in section (2):

(a) Vocational rehabilitation maintenance payments for food, shelter and clothing are counted as unearned income.

(b) In the SNAP program, a training allowance or stipend from a vocational rehabilitation program is treated as earned income. For all other programs, a training allowance or stipend is treated as unearned income.

(c) Educational income not covered under subsection (b) is treated as provided in the section on educational income.

(d) Vocational rehabilitation payments for special itemized needs connected with the evaluation, planning or placement activity are treated as a reimbursement. These payments include payments for:

(A) Child care.

(B) Clothing.

(C) Second residence.

(D) Special diet.

(E) Transportation.

(2) Benefits from the United States Veterans Administration are treated as provided in the section on Veteran's benefits.

461-145-0585

86. WIA

Treat Workforce Investment Act (WIA) (see OAR 151-020-0030) payments made under Title I-B as follows:

(1) Count need-based (stipend) payments as unearned income, except as follows:

(a) Exclude for REF(M)under the age of 19 (or under the age of 20 if the client is a caretaker relative).

(b) Exclude for SNAP.

(2) Count OJT and work experience payments as earned income, except as follows:

(a) Exclude for REF(M) under the age of 18 (or under the age of 20 if the client is a caretaker relative).

(b) Exclude for SNAP clients who are:

(A) Age 19 and younger under the control of an adult member of the filing group; or

(B) Receiving OJT payments under the Summer Youth Employment and Training Program.

  • Note: SNAP clients age 19 and younger are considered under the control of an adult member of the household when they or the adult state they are under the adult's control.

(3) Count support service payments for items already covered by the benefit group's benefits as unearned income. Exclude all other support service payments (including lunch payments and clothing allowances).

(4) A reimbursement is treated as provided in 461-145-0040.

461-145-0300

87. 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 SNAP and REF(M) programs, income from workers compensation is counted as earned income (see 461-145-0130) if paid to a client who is still employed while recuperating from an illness or injury.

(2) All workers compensation payments other than those in section (1) are counted as periodic or lump-sum income.

461-145-0590

88. Work-Related Capital Assets, Equipment and Inventory

(1) As used in this section:

(a) "Inventory" means goods that are in stock and available for sale to prospective customers.

(b) "Work-related equipment" is means property essential to the employment or self-employment of a financial group member. Examples are a tradesman's tools, a farmer's machinery, and equipment used to maintain an income-producing vehicle.

(2) A capital asset, other than work-related equipment and inventory, is treated as follows:

(a) In all programs except SNAP and REF(M), the equity value of a capital asset is treated according to the rules for the asset.

(b) In the SNAP program, a capital asset used in a business is excluded as follows:

(A) Non-farm assets are excluded as long as the financial group is actively engaged in self-employment activities.

(B) Farm assets are excluded until one year after the date the person quit self-employment as a farmer.

(3) Work-related equipment is treated as follows:

(a) In the SNAP program, the equity value of work-related equipment is excluded.

(b) In the GA(M), OSIPM, and QMB programs, the value of equipment needed by a client who has a disability or is blind to complete a plan for self-support (see 461-135-0708) is excluded as long as the plan is in effect. For all other equipment, the equity value of the equipment is counted as a resource, except as provided at income producing property above.

(4) Inventory is treated as follows:

(a) In the SNAP program, inventory is excluded as long as the client is engaged in self-employment activities.

(b) In the GA(M), OSIPM, and QMB programs, the value of inventory needed by a client who has a disability or is blind to complete a plan for self-support is excluded, as long as the plan is in effect. For all other inventory, the equity value of the inventory is counted as a resource.

461-145-0600

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Phone: (503) 945-5811
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