OAR 461-145-0220
Home

(1)

Home defined: A home is the place where the filing group (see OAR 461-110-0310 (Filing Group; Overview)) lives. A home may be a house, boat, trailer, mobile home, or other habitation. A home also includes the following:

(a)

Land on which the home is built and contiguous property.

(A)

In all programs except the OSIP, OSIPM, QMB, and SNAP programs, property must meet all the following criteria to be considered contiguous property:
(i)
It must not be separated from the land on which the home is built by land owned by people outside the financial group (see OAR 461-110-0530 (Financial Group)).
(ii)
It must not be separated by a public right-of-way, such as a road.
(iii)
It must be property that cannot be sold separately from the home.

(B)

In the OSIP, OSIPM, QMB, and SNAP programs, contiguous property is property not separated from the land on which the home is built by land owned by people outside the financial group.

(b)

Other dwellings on the land surrounding the home that cannot be sold separately from the home.

(2)

Exclusion of home and other property:

(a)

For an individual who has an initial month (see OAR 461-001-0000 (Definitions for Chapter 461)) of long-term care (see OAR 461-001-0000 (Definitions for Chapter 461)) or home and community-based care (see OAR 461-001-0030 (Definitions; OSIP, OSIPM Long-Term Care or Home and Community-Based Care)) on or after January 1, 2006:

(A)

For purposes of this subsection, “child” means a biological or adoptive child who is:
(i)
Under age 21; or
(ii)
Any age and meets the Social Security Administration criteria for blindness or disability.

(B)

The equity value (see OAR 461-001-0000 (Definitions for Chapter 461)) of a home is excluded if the requirements of at least one of the following subparagraphs are met:
(i)
The child (see paragraph (A) of this subsection) of the individual or relative dependent on the individual for support occupies the home.
(ii)
The spouse (see OAR 461-001-0000 (Definitions for Chapter 461)) of the individual occupies the home.
(iii)
The equity in the home is $603,000 or less, and the requirements of at least one of the following sub-subparagraphs are met:

(I)

The individual occupies the home.

(II)

The home equity is excluded under OAR 461-145-0252 (Income-Producing Property; OSIP, OSIPM, and QMB).

(III)

The home is listed for sale per OAR 461-145-0420 (Real Property).
(iv)
Notwithstanding OAR 461-120-0330 (Requirement to Pursue Assets), the equity in the home is more than $603,000 and the individual is unable legally to convert the equity value in the home to cash.

(b)

For all other filing groups, the value of a home is excluded when the home is occupied by any member of the filing group.

(c)

In the SNAP program, the value of land is excluded while the group is building or planning to build their home on it, except that if the group owns (or is buying) the home they live in and has separate land they intend to build on, only the home in which they live is excluded, and the land they intend to build on is treated as real property in accordance with OAR 461-145-0420 (Real Property).

(3)

Exclusion during temporary absence: If the value of a home is excluded under section (2) of this rule, the value of this home remains excluded in each of the following situations:

(a)

For the purposes of this section, “evidence” includes a written statement from a competent individual.

(b)

In all programs except the OSIP, OSIPM, and QMB-DW programs, during the temporary absence of all members of the filing group from the property, if the absence is due to illness or uninhabitability (from casualty or natural disaster), and the filing group intends to return home.

(c)

In the OSIP, OSIPM, and QMB-DW programs, when the individual is absent to receive long-term care or home and community-based care, under one of the following conditions:

(A)

The absent individual has provided evidence that the individual will return to the home. The evidence must reflect the subjective intent of the individual, regardless of the individual’s medical condition.

(B)

The home remains occupied by the individual’s spouse, child, or a relative dependent on the individual for support. The child must be less than 21 years of age or, if over the age of 21, blind or an individual with a disability as defined by SSA criteria.

(d)

In the OSIP, OSIPM, and QMB-DW programs, when the individual is absent due to illness, employment or training for future employment, seasonal employment, or uninhabitability; and both of the following conditions are met:

(A)

The absent individual has provided evidence that the absent individual will return home, and

(B)

The evidence reflects the subjective intent of the individual, regardless of the individual’s medical condition.

(e)

In the REF, REFM, and TANF programs, when all members of the filing group are absent because:

(A)

The members are employed in seasonal employment and intend to return to the home when the employment ends; or

(B)

The members are searching for employment, and the search requires the members to relocate away from their home. If all members of the filing group are absent for this reason, the home may be excluded for up to six months from the date the last member of the filing group leaves the home to search for employment. After the six months, if a member of the filing group does not return, the home is no longer excluded.

(f)

In the SNAP program, when the financial group is absent because of employment or training for future employment.

Source: Rule 461-145-0220 — Home, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=461-145-0220.

461‑145‑0000
Achieving a Better Life Experience (ABLE) Act 461‑145‑0001
Adoption Assistance 461‑145‑0005
Agent Orange Disability Benefits 461‑145‑0008
Alaska Permanent Fund Dividend 461‑145‑0010
Animals 461‑145‑0020
Annuities 461‑145‑0022
Annuities 461‑145‑0025
Approved Accounts 461‑145‑0030
Bank Account 461‑145‑0035
Black Lung Benefits 461‑145‑0040
Burial Arrangements and Burial Fund 461‑145‑0050
Burial Space and Merchandise 461‑145‑0060
Cash 461‑145‑0080
Child Support and Cash Medical Support 461‑145‑0086
Contributions 461‑145‑0087
Coronavirus Aid, Relief, and Economic Security (CARES) Act 461‑145‑0088
Corporations and Business Entities 461‑145‑0089
Corporations and Other Business Entities 461‑145‑0090
Disability Benefit 461‑145‑0100
Disaster Relief 461‑145‑0105
Disqualifying Income 461‑145‑0108
Dividends, Interest and Royalties 461‑145‑0110
Domestic Volunteer Services Act (VISTA, RSVP) and Small Business Act (SCORE, ACE) 461‑145‑0120
Earned Income 461‑145‑0130
Earned Income 461‑145‑0140
Earned Income Tax Credit (EITC) 461‑145‑0143
Economic Recovery Payment 461‑145‑0145
Educational Account 461‑145‑0150
Educational Income 461‑145‑0170
Energy Assistance Payments 461‑145‑0175
Family Abuse Prevention Act (FAPA) Payments 461‑145‑0184
Filipino Veterans Equity Compensation Fund 461‑145‑0185
Floating Homes and Houseboats 461‑145‑0190
Food Programs Other Than the SNAP program 461‑145‑0200
Foster Care Payments and Guardianship Assistance Benefits 461‑145‑0210
Gifts and Winnings 461‑145‑0220
Home 461‑145‑0230
Housing and Urban Development 461‑145‑0240
Income-Producing Sales Contract 461‑145‑0250
Income-Producing Property 461‑145‑0252
Income-Producing Property 461‑145‑0255
Youth Transitions Program Subsidies 461‑145‑0259
Indian (Native American) Benefits 461‑145‑0260
Indian (Native American) Benefits 461‑145‑0261
Individual Development Account (IDA) 461‑145‑0270
Inheritance 461‑145‑0280
In-Kind Income 461‑145‑0285
Japanese-American Restitution Payments 461‑145‑0290
Job Corps 461‑145‑0300
Workforce Investment Act 461‑145‑0310
Life Estate 461‑145‑0320
Life Insurance 461‑145‑0330
Loans and Interest on Loans 461‑145‑0340
Lodger Income 461‑145‑0343
Manufactured and Mobile Homes 461‑145‑0345
Military Income 461‑145‑0348
Mineral Rights 461‑145‑0360
Motor Vehicle 461‑145‑0365
National and Community Services Trust Act (NCSTA), including AmeriCorps (other than AmeriCorps VISTA) 461‑145‑0370
Older Americans Act 461‑145‑0380
Pension and Retirement Plans 461‑145‑0390
Personal Belongings 461‑145‑0400
Personal Injury Settlement 461‑145‑0405
Plan for Self-support 461‑145‑0410
Program Benefits 461‑145‑0415
Radiation Exposure Compensation Act 461‑145‑0417
Railroad Retirement Payments 461‑145‑0420
Real Property 461‑145‑0430
Real Property Excluded under an Interim Assistance Agreement 461‑145‑0433
Recreational Vehicles 461‑145‑0435
Refunds 461‑145‑0440
Reimbursement 461‑145‑0455
Resettlement and Placement (R&P) Grants 461‑145‑0460
Sale of a Resource 461‑145‑0470
Shelter-in-Kind Income 461‑145‑0490
Social Security Benefits 461‑145‑0500
Social Secuirty Death Benefit 461‑145‑0505
Spousal Support 461‑145‑0510
SSI 461‑145‑0520
Stocks, Bonds and Other Securities 461‑145‑0525
Strikers’ Benefits 461‑145‑0530
Tax Refund 461‑145‑0540
Trusts 461‑145‑0550
Unemployment Compensation Benefit 461‑145‑0560
Uniform Relocation Act 461‑145‑0570
USDA Meal Reimbursement 461‑145‑0580
Veterans’ Benefits 461‑145‑0582
Victims’ Assistance 461‑145‑0583
Virtual Currency or Cryptocurrency 461‑145‑0585
Vocational Rehabilitation Payment 461‑145‑0590
Workers Compensation 461‑145‑0600
Work-Related Capital Assets, Equipment, and Inventory 461‑145‑0810
Deemed Assets 461‑145‑0820
Deemed Assets 461‑145‑0830
When to Deem the Assets of a Sponsor of a Noncitizen and How Income is Deemed 461‑145‑0860
Deemed Assets, Parent of Minor Parent 461‑145‑0910
Self-Employment 461‑145‑0915
Self-Employment 461‑145‑0920
Self-Employment 461‑145‑0930
Self-Employment 461‑145‑0931
Additional Exclusions for Farming Costs
Last Updated

Jun. 8, 2021

Rule 461-145-0220’s source at or​.us