Or. Admin. Code § 461-140-0070

Current through Register Vol. 63, No. 10, October 1, 2024

Section 461-140-0070 - Treatment of Excluded Assets

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is a rebuttable presumption that when withdrawals are made from an account with commingled funds non-excluded funds are withdrawn first.

(B) If excluded funds are withdrawn, the excluded funds left in the account may be added to only by deposits of subsequently received funds that are excluded under the same rule or another rule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.

Or. Admin. Code § 461-140-0070

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95; AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00; AFS 5-2002, f. & cert. ef. 4-1-02; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 23-2017, f. 9-11-17, cert. ef. 10/1/2017

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