Or. Admin. R. 461-145-0280

Current through Register Vol. 63, No. 6, June 1, 2024

Section 461-145-0280 - In-Kind Income

(1) This rule does not apply to shelter-in-kind(see OAR 461-001-0000) income. (See OAR 461-145-0470 for how shelter-in-kind income is treated).

(2) In the GA program, for the purposes of determining the housing assistance payment (see OAR 461-160-0500), in-kind income (see OAR 461-001-0000) is excluded.

(3) In all programs except the REF, REFM, and TANF programs, in-kind income (see OAR 461-001-0000) that is earned is treated according to the administrative rules on earned income (such as OAR 461-145-0130).

(4) In all programs except the REF, REFM, and TANF programs, in-kind incomethat is unearned (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.

(5) In the REF, REFM, and TANF programs, in-kind income (except unearned third-party payments) is excluded.

(6) In the SNAP program, in-kind income is excluded unless it is one of the following:

(a) Child support payments (see OAR 461-145-0080).

(b) An expenditure by a business entity that benefits a principal (see OAR 461-145-0088).

(c) A credit card company gift card, such as Mastercard or Visa, which is received regularly and can be reasonably anticipated. This does not include establishment-specific gift cards, such as those from a restaurant or retailer.

(7) Unearned third-party payments are treated as follows:

(a) Payments made to a third party that should legally be paid directly to a member of the financial group(see OAR 461-110-0530) are counted as unearned income.

(b) 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 financial 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 are treated as follows:

(A) In the SNAP program, these third-party payments are excluded unless they are transitional housing payments for the homeless.

(B) In the REF, REFM, and TANF programs, except for payments designated as child support (see OAR 461-145-0080), these third-party payments are excluded.

(C) In all programs except the REF, REFM, SNAP, and TANF programs, these third-party payments are excluded.

Or. Admin. R. 461-145-0280

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 32-1996(Temp), f. & cert. ef. 9-23-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 9-1997, f. & cert. ef. 7-1-9; AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 10-2007, f. & cert. ef. 10-1-07; SSP 39-2013(Temp), f. 12-31-13, cert. ef. 1-1-14 thru 6-30-14; SSP 9-2014, f. & cert. ef. 4-1-14; SSP 38-2015, f. 12-25-15, cert. ef. 1/1/2016; SSP 10-2018, amend filed 03/07/2018, effective 4/1/2018; SSP 22-2018, amend filed 06/05/2018, effective 7/1/2018

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685

Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049