461-145-0470    Effective 10/01/18
Shelter-in-Kind Income

  1. Except as provided in section (2) of this rule:

    1. In the ERDC program, shelter-in-kind (see OAR 461-001-0000) payments are excluded, except earned shelter-in-kind is not excluded in the ERDC program.

    2. In the GA program, for the purposes of determining the housing assistance payment (see OAR 461-160-0500), shelter-in-kind in the form of rent or other housing costs paid by a third party is counted as income.
    3. In the REF, REFM, and TANF programs, except for child support (see OAR 461-145-0080 and 461-145-0280), shelter-in-kind payments are excluded.

    4. In the SNAP program, shelter-in-kind housing and utility payments are excluded (see OAR 461-145-0130 about exclusion of earned in-kind income), except an expenditure by a business entity for shelter costs (see OAR 461-001-0000) of a principal (see OAR 461-145-0088) is counted as income.

    5. In the OSIP, OSIPM, and QMB programs:

      1. Unearned shelter-in-kind, including payments made to a third party for shelter expenses of the financial group (see OAR 461-110-0530), is excluded.

      2. Earned shelter-in-kind income is treated as follows:

        1. If shelter is provided on the employer’s business premises, living at that location is a reasonable expectation of the job duties, and acceptance of the shelter is a condition of employment with no option to accept the value of the shelter in money, the shelter-in-kind income is excluded.

        2. Except as provided in subparagraph (i) of this paragraph, the fair market value (see OAR 461-001-0000) of the shelter or the amount of any payment made to a third party for shelter expenses of the financial group is counted as earned income.
  2. In all programs except the OSIP, OSIPM, and QMB programs, a payment for which there is a legal obligation to pay to a member of the financial group (see OAR 461-110-0530) that is made to a third party for shelter expenses of a member of the financial group is counted as unearned income.

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.083, 411.404, 411.816, 412.014, 412.049, 413.085, 414.685
Statutes/Other Implemented: ORS 329A.500, 409.010,411.060, 411.083, 411.404, 411.816, 412.014, 412.049, 413.085, 414.042, 414.685

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