Or. Admin. R. 461-145-0220 - Home
(1) Home defined: A
home is the place where the filing group (see OAR 461-110-0310) lives. A home
may be a house, boat, trailer, mobile home, or other habitation. A home also
includes the following:
(a) Land on which the
home is built and contiguous property.
(A) In
all programs except the OSIP, OSIPM, QMB, and SNAP programs, property must meet
all the following criteria to be considered contiguous property:
(i) It must not be separated from the land on
which the home is built by land owned by people outside the financial
group (see OAR 461-110-0530).
(ii) It must not be separated by a public
right-of-way, such as a road.
(iii)
It must be property that cannot be sold separately from the home.
(B) In the OSIP, OSIPM, QMB, and
SNAP programs, contiguous property is property not separated from the land on
which the home is built by land owned by people outside the financial
group.
(b)
Other dwellings on the land surrounding the home that cannot be sold separately
from the home.
(2)
Exclusion of home and other property:
(a) For
an individual who has an initial month (see OAR 461-001-0000)
of long-term care (see OAR 461-001-0000) or home and
community-based care (see OAR 461-001-0030) on or after January 1,
2006:
(A) For purposes of this subsection,
"child" means a biological or adoptive child who is:
(i) Under age 21; or
(ii) Any age and meets the Social Security
Administration criteria for blindness or disability.
(B) The equity value (see
OAR 461-001-0000) of a home is excluded if the requirements of at least one of
the following subparagraphs are met:
(i) The
child (see paragraph (A) of this subsection) of the individual
or relative dependent on the individual for support occupies the
home.
(ii) The
spouse (see OAR 461-001-0000) of the individual occupies the
home.
(iii) The equity in the home
is $636,000 or less, and the requirements of at least one of the following
sub-subparagraphs are met:
(I) The individual
occupies the home.
(II) The home
equity is excluded under OAR 461-145-0252.
(III) The home is listed for sale per OAR
461-145-0420.
(iv)
Notwithstanding OAR 461-120-0330, the equity in the home is more than $636,000
and the individual is unable legally to convert the equity value in the home to
cash.
(b) For
all other filing groups, the value of a home is excluded when the home is
occupied by any member of the filing group.
(c) In the SNAP program, the value of land is
excluded while the group is building or planning to build their home on it,
except that if the group owns (or is buying) the home they live in and has
separate land they intend to build on, only the home in which they live is
excluded, and the land they intend to build on is treated as real property in
accordance with OAR 461-145-0420.
(3) Exclusion during temporary absence: The
value of a home is excluded in each of the following situations:
(a) For the purposes of this section,
"evidence" includes a written statement from a competent individual.
(b) In all programs except the OSIP, OSIPM,
and QMB-DW programs, during the temporary absence of all members of the filing
group from the property, if the absence is due to illness or uninhabitability
(from casualty or natural disaster), and the filing group intends to return
home.
(c) In the OSIP, OSIPM, and
QMB-DW programs, when the individual is temporarily absent
(A) To receive assistance with
activities of daily living (see OAR 411-015-9995) under one of
the following conditions:
(i) The absent
individual has provided evidence that the individual will return to the home.
The evidence must reflect the subjective intent of the individual, regardless
of the individual's medical condition.
(ii) The home remains occupied by the
individual's spouse, child, or a relative dependent on the
individual for support. The child must be less than 21 years of age or, if over
the age of 21, blind or an individual with a disability as defined by SSA
criteria.
(B) Due to
illness, employment or training for future employment, seasonal employment, or
uninhabitability; and both of the following conditions are met:
(i) The absent individual has provided
evidence that the absent individual will return home, and
(ii) The evidence reflects the subjective
intent of the individual, regardless of the individual's medical
condition.
(d) In the REF, REFM, and TANF programs, when
all members of the filing group are absent because:
(A) The members are employed in seasonal
employment and intend to return to the home when the employment ends;
or
(B) The members are searching
for employment, and the search requires the members to relocate away from their
home. If all members of the filing group are absent for this reason, the home
may be excluded for up to six months from the date the last member of the
filing group leaves the home to search for employment. After the six months, if
a member of the filing group does not return, the home is no longer
excluded.
(e) In the
SNAP program, when the financial group is absent because of
employment or training for future employment.
Notes
Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 411.404, 411.816, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 409.010, 409.050, 410.010, 410.020, 410.070, 410.080, 411.060, 411.070, 411.404, 411.816, 412.049, 413.085, 414.685 & 414.839
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