Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085, 414.685461-145-0280 Effective 07/01/18
In-Kind Income
- This rule does not apply to shelter-in-kind (see OAR 461-001-0000) income. (See OAR 461-145-0470 for how shelter-in-kind income is treated).
- In the GA program, for the purposes of determining the housing assistance payment (see OAR 461-160-0500), in-kind income (see OAR 461-001-0000) is excluded.
- In all programs except the REF, REFM, and TANF programs, in-kind income (see OAR 461-001-0000) that is earned is treated according to the administrative rules on earned income (such as OAR 461-145-0130).
- In all programs except the REF, REFM, and TANF programs, in-kind income that is unearned (except third-party payments) is treated as follows:
- Income from court-ordered community service work or bartering is excluded. Bartering is the exchange of goods of equal value.
- Items such as cars and furniture are treated according to the administrative rule for the specific type of asset.
- In the REF, REFM, and TANF programs, in-kind income (except unearned third-party payments) is excluded.
- In the SNAP program, in-kind income is excluded unless it is one of the following:
- Child support payments (see OAR 461-145-0080).
- An expenditure by a business entity that benefits a principal (see OAR 461-145-0088).
- A credit card company gift card, such as Mastercard or Visa, which is received regularly and can be reasonably anticipated. This does not include establishment-specific gift cards, such as those from a restaurant or retailer.
- Unearned third-party payments are treated as follows:
- Payments made to a third party that should legally be paid directly to a member of the financial group (see OAR 461-110-0530) are counted as unearned income.
- Payments made to a third party that the payee is not legally obligated to pay directly to a member of the financial group and that the financial group does not have the option of taking as cash, and payments made by the noncustodial parent to a third party that are court-ordered are treated as follows:
- In the SNAP program, these third-party payments are excluded unless they are transitional housing payments for the homeless.
- In the REF, REFM, and TANF programs, except for payments designated as child support (see OAR 461-145-0080), these third-party payments are excluded.
- In all programs except the REF, REFM, SNAP, and TANF programs, these third-party payments are excluded.