Or. Admin. R. 461-145-0470
Current through Register Vol. 63, No. 6, June 1, 2024
Section 461-145-0470 - Shelter-in-Kind Income(1) Except as provided in section (2) of this rule:(a) In the GA program, for the purposes of determining the housing assistance payment (see OAR 461-160-0500), shelter-in-kind in the form of rent or other housing costs paid by a third party is counted as income.(b) In the REF, REFM, and TANF programs, except for child support (see OAR 461-145-0080 and 461-145-0280), shelter-in-kind payments are excluded.(c) In the SNAP program, shelter-in-kind housing and utility payments are excluded (see OAR 461-145-0130 about exclusion of earned in-kind income), except an expenditure by a business entity for shelter costs (see OAR 461-001-0000) of a principal (see OAR 461-145-0088) is counted as income.(d) In the OSIP, OSIPM, and QMB programs: (A) Unearned shelter-in-kind, including payments made to a third party for shelter expenses of the financial group (see OAR 461-110-0530), is excluded.(B) Earned shelter-in-kind income is treated as follows: (i) If shelter is provided on the employer's business premises, living at that location is a reasonable expectation of the job duties, and acceptance of the shelter is a condition of employment with no option to accept the value of the shelter in money , the shelter-in-kind income is excluded.(ii) Except as provided in subparagraph (i) of this paragraph, the fair market value (see OAR 461-001-0000) of the shelter or the amount of any payment made to a third party for shelter expenses of the financial group is counted as earned income.(2) In all programs except the OSIP, OSIPM, and QMB programs, a payment for which there is a legal obligation to pay to a member of the financial group (see OAR 461-110-0530) that is made to a third party for shelter expenses of a member of the financial group is counted as unearned income.Or. Admin. R. 461-145-0470
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 13-1994, f. & cert. ef. 7-1-94; AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94; AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; AFS 13-2002, f. & cert. ef. 10-1-02; 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 8-2008, f. & cert. ef. 4-1-08; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16; SSP 31-2016, f. & cert. ef. 9/1/2016; SSP 11-2017(Temp), f. 3-28-17, cert. ef. 4-1-17 thru 9-27-17; SSP 20-2017, f. 8-11-17, cert. ef. 9/1/2017; SSP 33-2017, amend filed 12/8/2017, effective 1/1/2018; SSP 22-2018, amend filed 06/05/2018, effective 7/1/2018; SSP 28-2018, amend filed 09/06/2018, effective 10/1/2018; SSP 17-2023, amend filed 06/14/2023, effective 7/1/2023Statutory/Other Authority: ORS 409.050, 411.060, 411.083, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: 411.060, 411.083, 411.404, 411.816, 412.014, 412.049, 413.085, 414.619, ORS 409.010 & 411.404