OAR 461-145-0400
Personal Injury Settlement
(1)
For all programs except the ERDC program, personal injury settlements are treated as follows:(a)
Monthly payments are counted as unearned income.(b)
For clients in all programs except grandfathered clients in the OSIP and OSIPM programs (see OAR 461-125-0330 (Blindness as the Basis of Need)(2), 461-125-0370 (Disability as the Basis of Need)(1)(b), and 461-135-0771 (Eligibility for OSIPM Under “Grandfathering” Provision)), all other payments are counted as periodic or lump-sum income (see OAR 461-140-0110 (Treatment of Periodic Income) and 461-140-0120 (Availability and Treatment of Lump-Sum Income)).(c)
For grandfathered OSIP and OSIPM clients, the balance from personal injury claims after the Department’s lien is satisfied is counted as lump-sum income (see OAR 461-140-0120 (Availability and Treatment of Lump-Sum Income)). If the lien was not filed due to the recipient’s failure to notify the Department of the claim, the payment is counted as unearned income.(2)
In the ERDC program, personal injury settlements are excluded.(3)
This rule does not apply to workers compensation payments (see OAR 461-145-0590 (Workers Compensation) for the treatment of those payments).
Source:
Rule 461-145-0400 — Personal Injury Settlement, https://secure.sos.state.or.us/oard/view.action?ruleNumber=461-145-0400
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