Previous Rules

461-140-0300    Effective 01/01/07
Adjustments to the Disqualification for Asset Transfer

  1. The disqualification imposed under OAR 461-140-0260 is not adjusted once applied in the Food Stamp program.

  2. In all other programs, the disqualification ends if the transfer that caused the disqualification is rescinded. The duration of the disqualification is recalculated if the terms of the transfer are modified.

  3. In the EXT, GA, GAM, MAA, MAF, OSIP, OSIPM, REFM, and SAC programs, the Department may waive the disqualification if the disqualification would create an undue hardship on the client. For purposes of this section, the disqualification would create an undue hardship if the requirements of subsections (a) and (b) of this section are met:

    1. The client has no other means for meeting his or her needs. The client has the burden of proving that no other means exist by--

      1. Exploring and pursuing all reasonable means to recover the assets to the satisfaction of the Department, including legal remedies and consultation with an attorney; and

      2. Cooperating with the Department to take action to recover the assets.

    2. The disqualification would deprive the client of--

      1. Medical care such that the client's health or life would be endangered; or

      2. Food, clothing, shelter, or other necessities of life without which the health or life of the client would be endangered.

  4. As authorized by ORS 411.620, the Department retains the authority to bring a civil suit or action to set aside a transfer of assets for less than fair market value and may seek recovery of all costs associated with such an action.

  5. Notwithstanding the granting of an undue hardship waiver under section (3) of this rule, the Department is not precluded from recovering public assistance from any assets in which the client held an interest, or in which the client previously held an interest, at the time the undue hardship waiver was granted.

Stat. Auth: ORS 411.060
Stats. Implemented: ORS 411.060, 411.632

461-140-0300 Effective: 07/01/06
Adjustments to the Disqualification for Asset Transfer

  1. The disqualification imposed under OAR 461-140-0260 is not adjusted once applied in the Food Stamp program.

  2. In all other programs, the disqualification ends if the transfer that caused the disqualification is rescinded. The duration of the disqualification is recalculated if the terms of the transfer are modified.

  3. In the GA, GAM, OSIP, OSIPM and QMB programs, the Department may waive the disqualification if the disqualification would create an undue hardship on the client. For purposes of this section, the disqualification would create an undue hardship if the requirements of subsections (a) and (b) of this section are met:

    1. The client has no other means for meeting his or her needs. The client has the burden of proving that no other means exist by---

      1. Exploring and pursuing all reasonable means to recover the assets to the satisfaction of the Department, including legal remedies and consultation with an attorney; and

      2. Cooperating with the Department to take action to recover the assets.

    2. The disqualification would deprive the client of---

      1. Medical care such that the client's health or life would be endangered; or

      2. Food, clothing, shelter, or other necessities of life without which the health or life of the client would be endangered.

  4. As authorized by ORS 411.620, the Department retains the authority to bring a civil suit or action to set aside a transfer of assets for less than fair market value and may seek recovery of all costs associated with such an action.

  5. Notwithstanding the granting of an undue hardship waiver under section (3) of this rule, the Department is not precluded from recovering public assistance from any assets in which the client held an interest, or in which the client previously held an interest, at the time the undue hardship waiver was granted.

Stat. Auth: ORS 411.060
Stats. Implemented: ORS 411.060, 411.632

461-140-0300    Effective 10/04/00
Adjustments to the Disqualification for Resource Transfer

  1. The disqualification imposed under OAR 461-140-0260 is not adjusted once applied in the Food Stamp program.

  2. In all other programs, the disqualification ends if the transfer that caused the disqualification is rescinded. The duration of the disqualification is recalculated if the terms of the transfer are modified.

  3. In the GA, GAM, OSIP, OSIPM and QMB programs, the Division may end the disqualification for a client in extreme need if the disqualification would create an undue hardship on the client.

Stat. Auth: ORS 411.060
Stats. Implemented: ORS 411.060, 411.632

461-140-0300 Effective 4/1/00
Adjustments to the Disqualification for Resource Transfer

  1. The disqualification imposed under OAR 461-140-0260 is not adjusted once applied in the Food Stamp program.

  2. In all other programs, the disqualification ends if the disqualifying transfer is rescinded. The duration of the disqualification is recalculated if the terms of the transfer are modified.

461-140-0300
Ending the Disqualification for Resource Transfer

Financial groups disqualified for transferring resources remain disqualified until one of the following occurs:

  1. The disqualification period ends.

  2. For all programs except FS:

    1. Full equity and rights in the resource are transferred back to the client; OR

    2. The client receives adequate compensation.

  3. Additionally for GA, GAM, OSIP, OSIPM, and QMB, the branch office may end the disqualification if clients are in extreme need and denying benefits would create an undue hardship.