OAR 461-145-0470
Shelter-in-Kind Income
(1)
Except as provided in section (2) of this rule:(a)
In the ERDC program, shelter-in-kind (see OAR 461-001-0000 (Definitions for Chapter 461)) payments are excluded, except earned shelter-in-kind is not excluded in the ERDC program.(b)
In the GA program, for the purposes of determining the housing assistance payment (see OAR 461-160-0500 (Use of Income to Determine Benefits; GA)), shelter-in-kind in the form of rent or other housing costs paid by a third party is counted as income.(c)
In the REF, REFM, and TANF programs, except for child support (see OAR 461-145-0080 (Child Support and Cash Medical Support) and 461-145-0280 (In-Kind Income)), shelter-in-kind payments are excluded.(d)
In the SNAP program, shelter-in-kind housing and utility payments are excluded (see OAR 461-145-0130 (Earned Income; Treatment) about exclusion of earned in-kind income), except an expenditure by a business entity for shelter costs (see OAR 461-001-0000 (Definitions for Chapter 461)) of a principal (see OAR 461-145-0088 (Corporations and Business Entities; Income and Resources; Not OSIP, OSIPM, or QMB)) is counted as income.(e)
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 (Financial Group)), 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 (Definitions for Chapter 461)) 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 (Financial Group)) that is made to a third party for shelter expenses of a member of the financial group is counted as unearned income.
Source:
Rule 461-145-0470 — Shelter-in-Kind Income, https://secure.sos.state.or.us/oard/view.action?ruleNumber=461-145-0470
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