Oregon Administrative Rules
Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS
Division 140 - GENERAL FINANCIAL ELIGIBILITY
Section 461-140-0070 - Treatment of Excluded Assets
Universal Citation: OR Admin Rules 461-140-0070
Current through Register Vol. 63, No. 3, March 1, 2024
Unless stated otherwise in another rule in this chapter of rules:
(1) In the OSIP, OSIPM, and QMB programs:
(a) Excludable funds must be
identifiable in order to be excluded. Identifiable does not require that
excluded funds be kept physically apart from other funds.
(b) In the OSIP and OSIPM programs:
(A) There is a rebuttable presumption that
when withdrawals are made from an account with commingled funds non-excluded
funds are withdrawn first.
(B) If
excluded funds are withdrawn, the excluded funds left in the account may be
added to only by deposits of subsequently received funds that are excluded
under the same rule or another rule in this chapter of rules.
(2) In all programs except the OSIP, OSIPM, and QMB programs:
(a)
Excluded income remains excluded as long as it is kept in a separate account
and not commingled with other funds.
(b) Excluded income that is commingled in an
account with funds not excluded remains excluded for six months from the date
it is commingled, after which it is counted as a resource.
Stat. Auth.: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085, 414.685
Stats. Implemented: ORS 329A.500, 409.010, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085, 414.685
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