Or. Admin. R. 461-145-0210 - Gifts and Winnings
(1)
For the purposes of this rule:
(a) "Gifts"
are items given to or received by an individual on or for a special occasion,
such as a holiday, birthday, graduation, or wedding. "Gifts" are not given or
received on a regular basis.
(b)
"Winnings" are prizes given to an individual in a contest,
game of chance, or similar event. "Winnings" in the form of money may be
distributed in different payment frequencies, such as monthly, periodically
(such as quarterly), or in a single payment.
(2) In all programs, gambling losses are not
subtracted from gambling winnings (see section (1) of this
rule) in determining the individual's countable (see OAR
461-001-0000) income.
(3) In the
OSIP, OSIPM, and QMB programs, except as provided otherwise in section (6) of
this rule:
(a) In-kind gifts
and winnings are treated according to the rule applicable to
the specific type of asset, except for, if an individual is offered a choice
between an in-kind item and cash, the cash amount is considered unearned
income, even if the individual chooses the in-kind item and regardless of the
value , if any, of the in-kind item.
(b) The value of gifts and
winnings in the form of cash are treated in accordance with
the rule applicable to the payment frequency: stable income under OAR
461-150-0070, variable income under OAR 461-150-0080, periodic
income under OAR 461-140-0110, or lump-sum income
under OAR 461-140-0120.
(c) The
value of a gift card or certificate is considered income in the month it is
received if the gift card or certificate can be used to purchase food or
shelter or can be resold. There is a rebuttable presumption that the gift card
can be resold.
(d) Monetary
gifts given for educational purposes are treated in accordance
with OAR 461-145-0145.
(4) In the SNAP program, except as provided
otherwise in section (6) of this rule,
(a) A
filing group immediately loses SNAP benefit eligibility due to lottery or
gambling winnings when provisions of section (1) of OAR 461-140-0262 are
met.
(b) In-kind
gifts and winnings are treated according to
the rule applicable to the specific type of asset.
(c)
Gifts and
winnings, except cash prizes from lottery or gambling subject
to section (1) of OAR 461-140-0262, in the form of money or credit card company
gift cards are treated in accordance with the rule applicable to the payment
frequency: stable income under OAR 461-150-0070, variable income under OAR
461-150-0080, periodic income under OAR 461-140-0110, or
lump-sum income under OAR 461-140-0120.
(5) In all
programs except the OSIP, OSIPM, QMB, and SNAP programs and except as provided
otherwise in section (6) of this rule:
(a)
In-kind gifts and winnings are treated
according to the rule applicable to the specific type of asset.
(b)
Gifts and
winnings in the form of money or credit card company gift
cards are treated in accordance with the rule applicable to the payment
frequency: stable income under OAR 461-150-0070, variable income under OAR
461-150-0080, periodic income under OAR 461-140-0110, or
lump-sum income under OAR 461-140-0120.
(c) Establishment-specific gift cards are
excluded as income and not considered a resource.
(6) For employment-related
gifts or winnings, see OAR
461-145-0130.
Notes
Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085 & 414.619
Statutes/Other Implemented: 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, ORS 409.010 & 411.083
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) For the purposes of this rule:
(a) "Gifts" are items given to or received by an individual on or for a special occasion, such as a holiday, birthday, graduation, or wedding. "Gifts" are not given or received on a regular basis.
(b) "Winnings"are prizes given to an individual in a contest, game of chance, or similar event. "Winnings" in the form of money may be distributed in different payment frequencies, such as monthly, periodically (such as quarterly), or in a single payment.
(2) In all programs, gambling losses are not subtracted from gambling winnings (see section (1) of this rule) in determining the individual's countable (see OAR 461-001-0000) income.
(3) In the ERDC program, gifts (see section (1) of this rule) and winnings are excluded.
(4) In the OSIP, OSIPM, and QMB programs, except as provided otherwise in section (7) of this rule:
(a) In-kind gifts and winnings are treated according to the rule applicable to the specific type of asset, except for, if an individual is offered a choice between an in-kind item and cash, the cash amount is considered unearned income, even if the individual chooses the in-kind item and regardless of the value, if any, of the in-kind item.
(b) The value of gifts and winnings in the form of cash are treated in accordance with the rule applicable to the payment frequency: stable income under OAR 461-150-0070, variable income under OAR 461-150-0080, periodic income under OAR 461-140-0110, or lump-sum income under OAR 461-140-0120.
(c) The value of a gift card or certificate is considered income in the month it is received if the gift card or certificate can be used to purchase food or shelter or can be resold. There is a rebuttable presumption that the gift card can be resold.
(d) Monetary gifts given for educational purposes are treated in accordance with OAR 461-145-0145.
(5) In the SNAP program, except as provided otherwise in section (7) of this rule,
(a) A filing group immediately loses SNAP benefit eligibility due to lottery or gambling winnings when provisions of section (1) of OAR 461-140-0262 are met.
(b) In-kind gifts and winnings are treated according to the rule applicable to the specific type of asset.
(c) Gifts and winnings, except cash prizes from lottery or gambling subject to section (1) of OAR 461-140-0262, in the form of money or credit card company gift cards are treated in accordance with the rule applicable to the payment frequency: stable income under OAR 461-150-0070, variable income under OAR 461-150-0080, periodic income under OAR 461-140-0110, or lump-sum income under OAR 461-140-0120.
(d) Establishment-specific gift cards are excluded from assets (see OAR 461-001-0000).
(6) In all programs except the ERDC, OSIP, OSIPM, QMB, and SNAP programs and except as provided otherwise in section (7) of this rule:
(a) In-kind gifts and winnings are treated according to the rule applicable to the specific type of asset.
(b) Gifts and winnings in the form of money or credit card company gift cards are treated in accordance with the rule applicable to the payment frequency: stable income under OAR 461-150-0070, variable income under OAR 461-150-0080, periodic income under OAR 461-140-0110, or lump-sum income under OAR 461-140-0120.
(c) Establishment-specific gift cards are excluded as income and not considered a resource.
(7) For employment-related gifts or winnings, see OAR 461-145-0130.
Notes
Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.070, 411.404, 411.700, 411.706, 411.816, 412.014 & 412.049