OAR 461-160-0600
Availability of Income; Couple with an Institutionalized Spouse

This rule applies to an OSIP or OSIPM institutionalized spouse who began a continuous period of care on or after October 1, 1989.

(1)

Do not deem any of the community spouse’s income available to the institutionalized spouse at any time during the institutionalized spouse’s continuous period of care.

(2)

Determine the ownership of income from property that belongs to the institutionalized or community spouse as follows, unless legal documents specifically provide otherwise:

(a)

If the payment is made solely to the institutionalized spouse or the community spouse, the income is available only to that spouse.

(b)

If the payment is made to both the institutionalized and the community spouse, one-half of the income is available to each.

(c)

If the payment is made to one spouse and another person, or to both spouses and another person, the income available to each spouse is whatever their share of the income is. If the payment is made to both spouses and another person, and it is not clear what each spouse’s share of the income is, each spouse’s share will be one-half of the couple’s portion of the payment.

(d)

If the institutionalized spouse can prove that the ownership of income is other than provided above, allow that amount.

Source: Rule 461-160-0600 — Availability of Income; Couple with an Institutionalized Spouse, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=461-160-0600.

461‑160‑0010
Use of Resources in Determining Financial Eligibility 461‑160‑0015
Resource Limits 461‑160‑0030
Overview of Costs 461‑160‑0040
Dependent Care Costs 461‑160‑0055
Medical Costs That Are Deductible 461‑160‑0060
Use of Rounding in Calculating Benefit Amount 461‑160‑0070
Benefits for Less Than a Full Month 461‑160‑0090
Employment and Independence Expenses 461‑160‑0100
How Income Affects Eligibility and Benefits 461‑160‑0140
How Income and Resources are Used to Determine Eligibility and Benefit for EA 461‑160‑0160
Earned Income Deduction 461‑160‑0193
Determining Eligibility and Calculating Payment 461‑160‑0300
Use of Income to Determine Eligibility and Benefits for ERDC 461‑160‑0400
Use of Income to Determine Eligibility and Benefits 461‑160‑0410
Use of Income and Income Deductions When There Are Ineligible or Disqualified Group Members 461‑160‑0415
Medical Deduction 461‑160‑0420
Shelter Cost 461‑160‑0430
Income Deductions 461‑160‑0500
Use of Income to Determine Benefits 461‑160‑0540
Determining Income Eligibility 461‑160‑0550
Income Deductions 461‑160‑0551
Income Deductions 461‑160‑0552
Income Deductions 461‑160‑0570
Excluded Resource 461‑160‑0580
Excluded Resource 461‑160‑0590
Assessment of Resources 461‑160‑0600
Availability of Income 461‑160‑0610
Client Liability 461‑160‑0620
Income Deductions and Client Liability 461‑160‑0630
Deduction for Maintaining a Home 461‑160‑0780
Determining Adjusted Income 461‑160‑0800
Determining Participant Fee 461‑160‑0855
Excluded Resources for Payments Received Under a Qualified Partnership Policy
Last Updated

Jun. 8, 2021

Rule 461-160-0600’s source at or​.us