461-140-0020 Effective 01/01/10 - Technical Amendment
Availability of Resources
- Except as provided in sections (2) to (4) of this rule:
- In the SNAP program, a resource owned jointly by a client and another person is available in its entirety to the client.
- In all other programs, jointly owned resources are available to members of a financial group (see OAR 461-110-0530) only to the extent they own the resource.
- A resource is not available to a client in each of the following situations:
- The client has a legal interest in the resource, but the resource is not in the client's possession and the client is unable to gain possession of it. In the REF and REFM programs, if a resource remains in the applicant's country of origin, it is not available.
- The resource is jointly owned with others not in the financial group who are unwilling to sell their interest in the resource, and the client's interest is not reasonably saleable.
- The client verifiably lacks the competence to gain access to or use the resource and there is no legal representative available to act on the client's behalf.
- The client is a victim of domestic violence (see 461-001-0000) and:
- Attempting to use the resource would subject the client to risk of domestic violence; or
- The client is using the resource to avoid the abusive situation.
- Except as provided in OAR 461-145-0540, the resource is included in an irrevocable or restricted trust and cannot be used to meet the basic monthly needs of the financial group.
- A resource is not considered available during the time the owner does not know he or she owns the resource.
- If a resource is subject to an early withdrawal penalty, the amount of the penalty is not available.
Stat. Auth: ORS 411.060, 411.070, 411.816, 412.049, 414.042
Stats. Implemented: ORS 411.060, 411.070, 411.816, 412.049, 414.042