OAR 461-145-0830
When to Deem the Assets of a Sponsor of a Noncitizen and How Income is Deemed

(1)

In the ERDC, OSIP, OSIPM, QMB, REF, and REFM programs, the assets (see OAR 461-001-0000 (Definitions for Chapter 461)) of a sponsor and the spouse (see OAR 461-001-0000 (Definitions for Chapter 461)) of the sponsor are not deemed to the sponsored noncitizen.

(2)

In all programs except the ERDC, OSIP, OSIPM, QMB, REF, and REFM programs, the assets of a sponsor and the spouse of the sponsor are considered the assets of the sponsored noncitizen, and are subject to deeming (see sections (3) and (4) of this rule), unless at least one of the following subsections applies:

(a)

The sponsor has not signed a legally binding affidavit of support, for instance USCIS Form I-864 or I-864A.

(b)

The sponsor receives SNAP, SSI, or TANF benefits.

(c)

The sponsor is deceased. The estate of a deceased sponsor is not responsible for the noncitizen.

(d)

The sponsored noncitizen establishes indigence. A sponsored noncitizen establishes indigence if the total income of the household including in-kind income plus any cash, food, housing, or other assistance provided by other individuals including the sponsor is:

(A)

In the TANF program, under the countable (see OAR 461-001-0000 (Definitions for Chapter 461)) income standard.

(B)

In the SNAP program, under the countable income limit, set at 130 percent of the federal poverty level (see OAR 461-155-0180 (Income Standards; Not OSIP, OSIPM, QMB)).

(C)

Each indigence determination under this subsection is effective for 12 months and may be renewed for additional 12-month periods.

(e)

The sponsored noncitizen is a battered immigrant spouse, battered immigrant child, immigrant parent of a battered child or an immigrant child of a battered parent, as long as the battered noncitizen does not live in the same household as the person responsible for the battery.

(f)

The sponsored noncitizen does not meet the alien status requirement for the program for which he or she applies.

(g)

The sponsored noncitizen becomes a naturalized citizen.

(h)

The sponsored noncitizen can be credited with 40 qualifying quarters of work.

(i)

The sponsored noncitizen is under 18 years of age.

(3)

In all programs except the ERDC, OSIP, OSIPM, QMB, REF, and REFM programs, the following process is used to determine the amount of income considered available to the noncitizen from the noncitizen’s sponsor and the spouse of the sponsor. The unearned income of the sponsor and the sponsor’s spouse is added to their countable earned income (see OAR 461-140-0010 (Assets; Income and Resources)) minus earned income deductions.

(4)

In the SNAP program when section (2) of this rule does not apply, the income of the sponsor and the spouse of the sponsor is deemed to the sponsored noncitizen and included in the gross countable income of the noncitizen. The income of the sponsor and the spouse of the sponsor goes through the following steps to determine the amount of income to deem:
(a) Step One: The gross countable unearned income of the sponsor and the spouse of the sponsor are included in the subtotal.

(b)

Step Two: The gross countable earned income of the sponsor and the spouse of the sponsor receive a 20 percent earned income deduction and the result is included in the subtotal. If the earned income of the sponsor or the spouse of the sponsor is from self-employment, the gross income is allowed deductions under OAR 461-145-0920 (Self-Employment; Costs that are Excluded to Determine Countable Income) and OAR 161-145-0930 to determine the countable earned income amount.

(c)

Step Three: The subtotal receives a deduction equal to the countable income limit under OAR 461-155-0190 (Income and Payment Standards; SNAP and DSNAP), which is set at 130 percent of the federal poverty level, for the need group (see OAR 461-110-0630 (Need Group)) size of the sponsor. The need group size of the sponsor is determined by including the sponsor, the spouse of the sponsor, and any dependents that are claimed on federal taxes by the sponsor. The sponsored noncitizen and the members of the sponsored noncitizen’s filing group (see OAR 461-110-0310 (Filing Group; Overview) and OAR 461-110-0370 (Filing Group; SNAP)) are not included when determining the need group size of the sponsor.

(d)

Step Four: The remaining amount is divided evenly between all noncitizens sponsored by the sponsor or the spouse of the sponsor and any citizen child (see OAR 461-001-0000 (Definitions for Chapter 461)) or sponsored noncitizen child in the filing group of the sponsored noncitizen. The result is the income portion for each individual.

(e)

Step Five: The income portion of each adult (OAR 461-001-0015 (Definitions; SNAP)) sponsored noncitizen in the filing group is deemed to the sponsored noncitizen and included in their countable income.

Source: Rule 461-145-0830 — When to Deem the Assets of a Sponsor of a Noncitizen and How Income is Deemed, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=461-145-0830.

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 461-145-0830’s source at or​.us