Oregon Administrative Rules
Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS
Division 155 - INCOME AND PAYMENT STANDARDS, AND SPECIAL NEEDS
Section 461-155-0660 - Special Need; Accommodation Allowance
Universal Citation: OR Admin Rules 461-155-0660
Current through Register Vol. 63, No. 9, September 1, 2024
Retroactively effective July 6, 2020, an OSIPM recipient may receive an accommodation allowance as follows:
(1) Temporary absence of individual from home.
(a) A temporary accommodation allowance
may be authorized if an individual meets all the following requirements:
(A) The individual owns, rents or leases a
primary residence.
(B) The
individual leaves his or her home or rental property and temporarily receives
services in a hospital, nursing facility, residential care facility, assisted
living facility, adult foster home, specialized living facility or state
psychiatric institution.
(C) Except
for a temporary absence from the primary residence, the individual must be
eligible to receive in-home services under OAR chapter 411 division
030.
(D) The individual cannot
afford to keep the home or rental property without the allowance.
(E) The individual will be able to return
home or rental property within six months of leaving, according to a written
statement from a primary practitioner, RN, or PAS (pre-admission screening)
RN.
(F) The home or rental property
will accommodate the service plan of the individual when the individual
returns.
(b) The
allowance may be authorized for six months. If, after six months, the
individual continues to meet the criteria in subsection (a) of this section, an
extension may be approved in writing by a supervisor.
(c) The accommodation allowance equals the
total of the individual's housing cost, including taxes and homeowners
insurance, plus the limited standard utility allowance for the SNAP program
provided in OAR 461-160-0420.
(2) Disability-associated accommodation allowance.
(a) In order to be
eligible for an accommodation allowance under this section, an individual must
meet the requirements of each of the following paragraphs:
(A) The individual must meet the requirements
of at least one of the following subparagraphs:
(i) Receive SSI.
(ii) Have adjusted income less than the OSIPM
program income standard.
(iii) Be
receiving or be eligible to receive home and community-based care in-home
services under OAR chapter 411 division 030 and be 18 years of age or
older
(B) The
individual's shelter costs exceed $451 for a one-person need group or $559 for
a two-person need group; and
(C)
The individual has a documented increase in rent associated with access by an
individual with a disability.
(b) The amount of the accommodation allowance
is limited to the amount of the increase in housing cost associated with the
individual's access needs.
(3) Accommodation allowance based on increased costs associated with an individual's need for a home with an additional bedroom for a service provider.
(a) In order to be eligible for an
accommodation allowance under this section, an individual must meet the
requirements of all of the following paragraphs:
(A) Receive in-home services under OAR
Chapter 411 Division 030.
(B)
Require full assistance in at least four of the six activities of daily living
as determined by the assessment described in OAR Chapter 411 Division
015.
(C) Receive services from one
or more homecare workers who routinely sleep at the individual's home as part
of the individual's service plan.
(b) The amount of the accommodation allowance
is the limited standard utility allowance for the SNAP program under OAR
461-160-0420 plus:
(A) One-third of the monthly rental cost;
or
(B) One-third of the monthly
payment on the property agreement (including mortgage, trust deed, or land sale
contract). The property agreement is the agreement existing at the time the
individual is approved for the accommodation allowance. The accommodation
allowance for the housing portion ends if the debt is refinanced, unless the
refinancing was done only to reduce the original property agreement's interest
rate or total monthly payment amount and the owner realized no direct or
indirect payment of the home's equity value is from the refinancing.
(i) If the refinancing requirement is met
under this paragraph, the amount of the accommodation allowance is one-third of
the refinanced property agreement amount plus the limited standard utility
allowance under OAR 461-160-0420.
(ii) If the refinancing requirement under
this paragraph is not met and the housing portion of the accommodation
allowance ends, the individual remains eligible only for the limited standard
utility allowance portion under OAR
461-160-0420.
(4) Special requirements.
(a) An individual who rents and
qualifies for an allowance under section (2) or (3) of this rule must take the
steps necessary to obtain subsidized housing under any federal or state housing
program. An individual who fails, at any time, to take the steps necessary to
obtain reasonably available subsidized housing is ineligible for the allowance.
An individual who has been denied or revoked from participation in any rent
subsidy program based on the individual's own actions is ineligible for
benefits under this rule.
(b) An
individual who rents housing and refuses subsidized housing will no longer be
eligible for an accommodation allowance, except that if the housing that is
offered is not suitable, related to accommodations, and the individual
continues to have increased costs related to accommodations in the individual's
current living situation, the accommodation allowance may continue until such
time as appropriate subsidized housing is found.
Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.704, 411.706, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.704 & 411.706
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
