461-145-0250 Effective 01/01/21
Income-Producing Property; Not OSIP, OSIPM, or QMB
- In all programs except the REF, REFM, and TANF programs, income from income producing property (see OAR 461-001-0000) is counted as follows:
- If a member of the financial group (see OAR 461-110-0530) actively manages the property 20 hours or more per week, the income is treated in the same manner as self-employment income (see OAR 461-145-0910, 461-145-0920, and 461-145-0930).
- If a member of the financial group does not actively manage the property 20 hours or more per week, the income is counted as unearned income with exclusions allowed only in accordance with OAR 461-145-0920. In the SNAP program, if the financial group owns more than one property, the exclusions for one property may not be used to offset income from a different property.
- In the REF, REFM, and TANF programs, income from income producing property is treated in the same manner as self-employment income (see OAR 461-145-0910, 461-145-0920, and 461-145-0930)
- The equity value (see OAR 461-001-0000) of income-producing property is treated as follows:
- In the EA and ERDC programs, it is excluded.
- In the SNAP program, it is counted as a resource except to the extent described in each of the following situations:
- If the property produces an annual countable (see OAR 461-001-0000) income similar to other properties in the community with comparable market value, the equity value of the property is excluded.
- The property is excluded under OAR 461-145-0600.
- The equity value of income-producing livestock, poultry, and other animals is excluded.
- If selling the resource would produce a net gain to the financial group of less than $1,500, the equity value is excluded.
- In the REF, REFM, and TANF programs, it is counted as a resource.
Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.083, 411.400, 411.404, 411.816, 412.049, 413.085, 414.685
Statutes/Other Implemented: ORS 329A.500, 409.010, 409.050, 411.060, 411.070, 411.083, 411.400, 411.404, 411.816, 412.049, 413.085, 414.685
461-145-0250 Effective 10/01/17
Income-Producing Property; Not OSIP, OSIPM, or QMB
- In all programs except the REF, REFM, and TANF programs, income from income producing property (see OAR 461-001-0000) is counted as follows:
- If a member of the financial group (see OAR 461-110-0530) actively manages the property 20 hours or more per week, the income is treated in the same manner as self-employment income (see OAR 461-145-0910, 461-145-0920, and 461-145-0930).
- If a member of the financial group does not actively manage the property 20 hours or more per week, the income is counted as unearned income with exclusions allowed only in accordance with OAR 461-145-0920. In the SNAP program, if the financial group owns more than one property, the exclusions for one property may not be used to offset income from a different property.
- In the REF, REFM, and TANF programs, income from income producing property is treated in the same manner as self-employment income (see OAR 461-145-0910, 461-145-0920, and 461-145-0930)
- The equity value (see OAR 461-001-0000) of income-producing property is treated as follows:
- In the EA and ERDC programs, it is excluded.
- In the SNAP program, it is counted as a resource except to the extent described in each of the following situations:
- If the property produces an annual countable (see OAR 461-001-0000) income similar to other properties in the community with comparable market value, the equity value of the property is excluded.
- The property is excluded under OAR 461-145-0600.
- The equity value of income-producing livestock, poultry, and other animals is excluded.
- If selling the resource would produce a net gain to the financial group of less than $1,500, the equity value is excluded.
- In the REF, REFM, and TANF programs, it is counted as a resource, except that in the TANF program, it is excluded for a self-employed client participating in the microenterprise (see OAR 461-001-0025) component of the JOBS program.
Stat. Auth.: ORS 329A.500, 409.050, 411.060, 411.070, 411.083, 411.400, 411.404, 411.816, 412.049, 413.085, 414.685
Stats. Implemented: ORS 329A.500, 409.010, 409.050, 411.060, 411.070, 411.083, 411.400, 411.404, 411.816, 412.049, 413.085, 414.685
461-145-0250 Effective 09/01/16
Income-Producing Property; Not OSIP, OSIPM, or QMB
- Income from income producing property (see OAR 461-001-0000) is counted as follows:
- If a member of the financial group (see OAR 461-110-0530) actively manages the property 20 hours or more per week, the income is treated in the same manner as self-employment income (see OAR 461-145-0910, 461-145-0920, and 461-145-0930).
- If a member of the financial group does not actively manage the property 20 hours or more per week, the income is counted as unearned income with exclusions allowed only in accordance with OAR 461-145-0920. In the SNAP program, if the financial group owns more than one property, the exclusions for one property may not be used to offset income from a different property.
- The equity value (see OAR 461-001-0000) of income-producing property is treated as follows:
- In the EA and ERDC programs, it is excluded.
- In the SNAP program, it is counted as a resource except to the extent described in each of the following situations:
- If the property produces an annual countable (see OAR 461-001-0000) income similar to other properties in the community with comparable market value, the equity value of the property is excluded.
- The property is excluded under OAR 461-145-0600.
- The equity value of income-producing livestock, poultry, and other animals is excluded.
- If selling the resource would produce a net gain to the financial group of less than $1,500, the equity value is excluded.
- In the REF, REFM, and TANF programs, it is counted as a resource, except that in the TANF program, it is excluded for a self-employed client participating in the microenterprise (see OAR 461-001-0025) component of the JOBS program.
Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.083, 411.400, 411.404, 411.816, 412.049, 413.085, 414.685
Stats. Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.083, 411.400, 411.404, 411.816, 412.049, 413.085, 414.685
461-145-0250 Temporary Effective 07/01/16 through 08/31/16
Income-Producing Property; Not OSIP, OSIPM, or QMB
- Income from income producing property (see OAR 461-001-0000) is counted as follows:
- If a member of the financial group (see OAR 461-110-0530) actively manages the property 20 hours or more per week, the income is treated in the same manner as self-employment income (see OAR 461-145-0910, 461-145-0920, and 461-145-0930).
- If a member of the financial group does not actively manage the property 20 hours or more per week, the income is counted as unearned income with exclusions allowed only in accordance with OAR 461-145-0920. In the SNAP program, if the financial group owns more than one property, the exclusions for one property may not be used to offset income from a different property.
- The equity value (see OAR 461-001-0000) of income-producing property is treated as follows:
- In the EA and ERDC programs, it is excluded.
- In the SNAP program, it is counted as a resource except to the extent described in each of the following situations:
- If the property produces an annual countable (see OAR 461-001-0000) income similar to other properties in the community with comparable market value, the equity value of the property is excluded.
- The property is excluded under OAR 461-145-0600.
- The equity value of income-producing livestock, poultry, and other animals is excluded.
- If selling the resource would produce a net gain to the financial group of less than $1,500, the equity value is excluded.
- In the REF, REFM, and TANF programs, it is counted as a resource, except that in the TANF program, it is excluded for a self-employed client participating in the microenterprise (see OAR 461-001-0025) component of the JOBS program.
Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.083, 411.400, 411.404, 411.816, 412.049, 413.085, 414.685
Stats. Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.083, 411.400, 411.404, 411.816, 412.049, 413.085, 414.685
461-145-0250 Effective 10/01/15
Income-Producing Property; Not OSIP, OSIPM, or QMB
- Income from income producing property (see OAR 461-001-0000) is counted as follows:
- If a member of the financial group (see OAR 461-110-0530) actively manages the property 20 hours or more per week, the income is treated in the same manner as self-employment income (see OAR 461-145-0910, 461-145-0920, and 461-145-0930).
- If a member of the financial group does not actively manage the property 20 hours or more per week, the income is counted as unearned income with exclusions allowed only in accordance with OAR 461-145-0920. In the SNAP program, if the financial group owns more than one property, the exclusions for one property may not be used to offset income from a different property.
- The equity value (see OAR 461-001-0000) of income-producing property is treated as follows:
- In the EA and ERDC programs, it is excluded.
- In the SNAP program, it is counted as a resource except to the extent described in each of the following situations:
- If the property produces an annual countable (see OAR 461-001-0000) income similar to other properties in the community with comparable market value, the equity value of the property is excluded.
- The property is excluded under OAR 461-145-0600.
- The equity value of income-producing livestock, poultry, and other animals is excluded.
- If selling the resource would produce a net gain to the financial group of less than $1,500, the equity value is excluded.
- In the GA and GAM programs, it is counted as a resource, except:
- If the non-business income-producing property (including houses or apartments for rent and land other than the primary residence) produces an annual countable income of at least six percent of its equity value, the value of the property is excluded up to a maximum of $6,000.
- If the annual countable income drops below six percent of the non-business property's equity value due to circumstances beyond the client's control, the client has up to 24 months from the end of the tax year in which the earnings dropped below six percent to meet the six percent requirement.
- The total equity value is excluded (regardless of value or rate of return) if either all the requirements of subparagraphs (i), (ii), and (iii) or subparagraph (iv) or subparagraph (v) are met:
- The property is used in the trade or business of a member of the financial group, as evidenced by two or more of the following:
- The good-faith intention of making a profit.
- Its use is part of a regular occupation for a member of the financial group.
- Holding out to others as being engaged in the selling of goods or services.
- Continuity of operations, repetition of transactions, or regularity of activities.
- The property is in current use or, if not in use for reasons beyond the control of the financial group, there must be a reasonable expectation that the required use will resume.
- The property is essential to the client's self-support.
- The government has issued a permit to the client to engage in income-producing activity on or with the property.
- Personal property is used by an employee for work.
- In the REF, REFM, and TANF programs, it is counted as a resource, except that in the TANF program, it is excluded for a self-employed client participating in the microenterprise (see OAR 461-001-0025) component of the JOBS program.
Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.083, 411.400, 411.404, 411.816, 412.049, 413.085, 414.685
Stats. Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.083, 411.400, 411.404, 411.816, 412.049, 413.085, 414.685
461-145-0250 Effective 01/01/14
Income-Producing Property
- Income from income producing property (see OAR 461-001-0000) is counted as follows:
- If a member of the financial group (see OAR 461-110-0530) actively manages the property 20 hours or more per week, the income is treated in the same manner as self-employment income (see OAR 461-145-0910, 461-145-0920, and 461-145-0930).
- If a member of the financial group does not actively manage the property 20 hours or more per week, the income is counted as unearned income with exclusions allowed only in accordance with OAR 461-145-0920. In the SNAP program, if the financial group owns more than one property, the exclusions for one property may not be used to offset income from a different property.
- The equity value (see OAR 461-001-0000) of income-producing property is treated as follows:
- In the EA and ERDC programs, it is excluded.
- In the SNAP program, it is counted as a resource except to the extent described in each of the following situations:
- If the property produces an annual countable income similar to other properties in the community with comparable market value, the equity value of the property is excluded.
- The property is excluded under OAR 461-145-0600.
- The equity value of income-producing livestock, poultry, and other animals is excluded.
- If selling the resource would produce a net gain to the financial group of less than $1,500, the equity value is excluded.
- In the GA, GAM, OSIP, OSIPM, and QMB programs, it is counted as a resource, except:
- If the non-business income-producing property (including houses or apartments for rent and land other than the primary residence) produces an annual countable income of at least six percent of its equity value, the value of the property is excluded up to a maximum of $6,000.
- If the annual countable income drops below six percent of the non-business property's equity value due to circumstances beyond the client's control, the client has up to 24 months from the end of the tax year in which the earnings dropped below six percent to meet the six percent requirement.
- The total equity value is excluded (regardless of value or rate of return) if either all the requirements of subparagraphs (i), (ii), and (iii) or subparagraph (iv) or subparagraph (v) are met:
- The property is used in the trade or business of a member of the financial group, as evidenced by two or more of the following:
- The good faith intention of making a profit.
- Its use is part of a regular occupation for a member of the financial group.
- Holding out to others as being engaged in the selling of goods or services.
- Continuity of operations, repetition of transactions, or regularity of activities.
- The property is in current use or, if not in use for reasons beyond the control of the financial group, there must be a reasonable expectation that the required use will resume.
- The property is essential to the client's self-support.
- The government has issued a permit granting the client to engage in income-producing activity on or with the property.
- Personal property is used by an employee for work.
- In the REF, REFM, and TANF programs, it is counted as a resource, except that in the TANF program, it is excluded for a self-employed client participating in the microenterprise (see OAR 461-001-0025) component of the JOBS program.
Stat. Auth.: ORS 411.060, 411.400, 411.404, 411.816, 412.049
Stats. Implemented: ORS 411.060, 411.400, 411.404, 411.700, 411.816, 412.049
461-145-0250 Temporary Effective 10/01/13 through 12/31/13
Income-Producing Property
- Income from income producing property (see OAR 461-001-0000) is counted as follows:
- If a member of the financial group (see OAR 461-110-0530) actively manages the property 20 hours or more per week, the income is treated in the same manner as self-employment income (see OAR 461-145-0910, 461-145-0920, and 461-145-0930).
- If a member of the financial group does not actively manage the property 20 hours or more per week, the income is counted as unearned income with exclusions allowed only in accordance with OAR 461-145-0920. In the SNAP program, if the financial group owns more than one property, the exclusions for one property may not be used to offset income from a different property.
- The equity value (see OAR 461-001-0000) of income-producing property is treated as follows:
- In the EA and ERDC programs, it is excluded.
- In the SNAP program, it is counted as a resource except to the extent described in each of the following situations:
- If the property produces an annual countable income similar to other properties in the community with comparable market value, the equity value of the property is excluded.
- The property is excluded under OAR 461-145-0600.
- The equity value of income-producing livestock, poultry, and other animals is excluded.
- If selling the resource would produce a net gain to the financial group of less than $1,500, the equity value is excluded.
- In the GA, GAM, OSIP, OSIPM, and QMB programs, it is counted as a resource, except:
- If the property produces an annual countable income of at least six percent of its equity value, the value of the property is excluded up to a maximum of $6,000.
- The total equity value is excluded (regardless of value or rate of return) if the requirements of all the following subparagraphs are met:
- The property is used in the trade or business of a member of the financial group, as evidenced by two or more of the following:
- The good faith intention of making a profit.
- Its use is part of a regular occupation for a member of the financial group.
- Holding out to others as being engaged in the selling of goods or services.
- Continuity of operations, repetition of transactions, or regularity of activities.
- A business tax return, including forms such as Profit or Loss from Business or Profession (Schedule C), Computation of Social Security Self-Employment (Schedule SE), Farm Income and Expenses (Schedule F), Depreciation and Amortization (Form 4562), or U.S. Partnership Return of Income (Form 1065).
- The property is in current use or, if not in use for reasons beyond the control of the financial group, there must be a reasonable expectation that the required use will resume.
- The property is essential to the client's self-support.
- In the REF, REFM, and TANF programs, it is counted as a resource, except that in the TANF program, it is excluded for a self-employed client participating in the microenterprise component of the JOBS program.
Stat. Auth.: ORS 411.060, 411.400, 411.816, 412.049
Stats. Implemented: ORS 411.060, 411.400, 411.700, 411.816, 412.049
461-145-0250 Effective 07/01/13
Income-Producing Property
- Income from income producing property (see OAR 461-001-0000) is counted as follows:
- If a member of the financial group (see OAR 461-110-0530) actively manages the property 20 hours or more per week, the income is treated in the same manner as self-employment income (see OAR 461-145-0910, 461-145-0920, and 461-145-0930).
- If a member of the financial group does not actively manage the property 20 hours or more per week, the income is counted as unearned income with exclusions allowed only in accordance with OAR 461-145-0920. In the SNAP program, if the financial group owns more than one property, the exclusions for one property may not be used to offset income from a different property.
- The equity value (see OAR 461-001-0000) of income-producing property is treated as follows:
- In the EA, ERDC, and OHP programs, it is excluded.
- In the SNAP program, it is counted as a resource except to the extent described in each of the following situations:
- If the property produces an annual countable income similar to other properties in the community with comparable market value, the equity value of the property is excluded.
- The property is excluded under OAR 461-145-0600.
- The equity value of income-producing livestock, poultry, and other animals is excluded.
- If selling the resource would produce a net gain to the financial group of less than $1,500, the equity value is excluded.
- In the GA, GAM, OSIP, OSIPM, and QMB programs, it is counted as a resource, except:
- If the property produces an annual countable income of at least six percent of its equity value, the value of the property is excluded up to a maximum of $6,000.
- The total equity value is excluded (regardless of value or rate of return) if the requirements of all the following subparagraphs are met:
- The property is used in the trade or business of a member of the financial group, as evidenced by two or more of the following:
- The good faith intention of making a profit.
- Its use is part of a regular occupation for a member of the financial group.
- Holding out to others as being engaged in the selling of goods or services.
- Continuity of operations, repetition of transactions, or regularity of activities.
- A business tax return, including forms such as Profit or Loss from Business or Profession (Schedule C), Computation of Social Security Self-Employment (Schedule SE), Farm Income and Expenses (Schedule F), Depreciation and Amortization (Form 4562), or U.S. Partnership Return of Income (Form 1065).
- The property is in current use or, if not in use for reasons beyond the control of the financial group, there must be a reasonable expectation that the required use will resume.
- The property is essential to the client's self-support.
- In the MAA, MAF, REF, REFM, SAC, and TANF programs, it is counted as a resource, except that in the MAA and TANF programs, it is excluded for a self-employed client participating in the microenterprise component of the JOBS program.
Stat. Auth.: ORS 411.060, 411.400, 411.816, 412.049
Stats. Implemented: ORS 411.060, 411.400, 411.700, 411.816, 412.049
461-145-0250 Effective 01/01/10 - Technical Amendment
Income-Producing Property
- Income from income producing property (see OAR 461-001-0000) is counted as follows:
- If a member of the financial group (see OAR 461-110-0530) actively manages the property 20 hours or more per week, the income is treated in the same manner as self-employment income (see OAR 461-145-0910, 461-145-0920, and 461-145-0930).
- If a member of the financial group does not actively manage the property 20 hours or more per week, the income is counted as unearned income with exclusions allowed only in accordance with OAR 461-145-0920.
- The equity value (see OAR 461-001-0000) of income-producing property is treated as follows:
- In the EA, ERDC, and OHP programs, it is excluded.
- In the SNAP program, it is counted as a resource except to the extent described in each of the following situations:
- If the property produces an annual countable income similar to other properties in the community with comparable market value, the equity value of the property is excluded.
- The property is excluded under OAR 461-145-0600.
- The equity value of income-producing livestock, poultry, and other animals is excluded.
- If selling the resource would produce a net gain to the financial group of less than $1,500, the equity value is excluded.
- In the GA, GAM, OSIP, OSIPM, and QMB programs, it is counted as a resource, except:
- If the property produces an annual countable income of at least six percent of its equity value, the value of the property is excluded up to a maximum of $6,000.
- The total equity value is excluded (regardless of value or rate of return) if the requirements of all the following subparagraphs are met:
- The property is used in the trade or business of a member of the financial group, as evidenced by two or more of the following:
- The good faith intention of making a profit.
- Its use is part of a regular occupation for a member of the financial group.
- Holding out to others as being engaged in the selling of goods or services.
- Continuity of operations, repetition of transactions, or regularity of activities.
- A business tax return, including forms such as Profit or Loss from Business or Profession (Schedule C), Computation of Social Security Self-Employment (Schedule SE), Farm Income and Expenses (Schedule F), Depreciation and Amortization (Form 4562), or U.S. Partnership Return of Income (Form 1065).
- The property is in current use or, if not in use for reasons beyond the control of the financial group, there must be a reasonable expectation that the required use will resume.
- The property is essential to the client's self-support.
- In the MAA, MAF, REF, REFM, SAC, and TANF programs, it is counted as a resource, except that in the MAA and TANF programs, it is excluded for a self-employed client participating in the microenterprise component of the JOBS program.
Stat. Auth.: ORS 411.060, 411.816, 412.049
Stats. Implemented: ORS 411.060, 411.700, 411.816, 412.049
461-145-0250 Effective 04/01/07
Income-Producing Property
- Income from income producing property (see OAR 461-001-0000) is counted as follows:
- If a member of the financial group (see OAR 461-110-0530) actively manages the property 20 hours or more per week, the income is treated in the same manner as self-employment income (see OAR 461-145-0910, 461-145-0920, and 461-145-0930).
- If a member of the financial group does not actively manage the property 20 hours or more per week, the income is counted as unearned income with exclusions allowed only in accordance with OAR 461-145-0920.
- The equity value (see OAR 461-001-0000) of income-producing property is treated as follows:
- In the EA, ERDC, and OHP programs, it is excluded.
- In the FS program, it is counted as a resource except to the extent described in each of the following situations:
- If the property produces an annual countable income similar to other properties in the community with comparable market value, the equity value of the property is excluded.
- The property is excluded under OAR 461-145-0600.
- The equity value of income-producing livestock, poultry, and other animals is excluded.
- If selling the resource would produce a net gain to the financial group of less than $1,500, the equity value is excluded.
- In the GA, GAM, OSIP, OSIPM, and QMB programs, it is counted as a resource, except:
- If the property produces an annual countable income of at least six percent of its equity value, the value of the property is excluded up to a maximum of $6,000.
- The total equity value is excluded (regardless of value or rate of return) if the requirements of all the following subparagraphs are met:
- The property is used in the trade or business of a member of the financial group, as evidenced by two or more of the following:
- The good faith intention of making a profit.
- Its use is part of a regular occupation for a member of the financial group.
- Holding out to others as being engaged in the selling of goods or services.
- Continuity of operations, repetition of transactions, or regularity of activities.
- A business tax return, including forms such as Profit or Loss from Business or Profession (Schedule C), Computation of Social Security Self-Employment (Schedule SE), Farm Income and Expenses (Schedule F), Depreciation and Amortization (Form 4562), or U.S. Partnership Return of Income (Form 1065).
- The property is in current use or, if not in use for reasons beyond the control of the financial group, there must be a reasonable expectation that the required use will resume.
- The property is essential to the client's self-support.
- In the MAA, MAF, REF, REFM, SAC, and TANF programs, it is counted as a resource, except that in the MAA and TANF programs, it is excluded for a self-employed client participating in the microenterprise component of the JOBS program.
Stat. Auth.: ORS 411.060, 411.816, 418.100
Stats. Implemented: ORS 411.060, 411.700, 411.816, 418.100
461-145-0250 Effective 01/01/07
Income-Producing Property
- Income from income-producing property (see OAR 461-001-0000) is counted as follows:
- If a member of the financial group (see OAR 461-110-0530) actively manages the property 20 hours or more per week, the income is treated in the same manner as self-employment income (see OAR 461-145-0910, 461-145-0920, and 461-145-0930).
- If a member of the financial group does not actively manage the property 20 hours or more per week, the income is counted as unearned income with exclusions allowed only in accordance with OAR 461-145-0920.
- The equity value (see OAR 461-001-0000) of income-producing property is treated as follows:
- In the EA, ERDC, and OHP programs, it is excluded.
- In the FS program, it is counted as a resource except to the extent described in each of the following situations:
- If the property produces an annual countable income similar to other properties in the community with comparable market value, the equity value of the property is excluded.
- The equity value of income-producing livestock, poultry, and other animals is excluded.
- If selling the resource would produce a net gain to the financial group of less than $1,500, the equity value is excluded.
- In the GA, GAM, OSIP, OSIPM, and QMB programs, it is counted as a resource, except:
- If the property produces an annual countable income of at least six percent of its equity value, the value of the property is excluded up to a maximum of $6,000.
- The total equity value is excluded if all the following are true:
- The property is used in a trade or business.
- The property is essential to the client's self-support.
- The property produces an annual countable income of at least six percent of its equity value.
- In the MAA, MAF, REF, REFM, SAC, and TANF programs, it is counted as a resource, except that in the MAA and TANF programs, it is excluded for a self-employed client participating in the microenterprise component of the JOBS program.
Stat. Auth.: ORS 411.060, 411.816, 418.100
Stats. Implemented: ORS 411.060, 411.700, 411.816, 418.100
461-145-0250 Effective: 10/01/06
Income-Producing Property
- Income-producing property is any real or personal property that generates income for the financial group. Examples of income-producing property are:
- Livestock, poultry, and other animals.
- Farmland, rental homes (including a room or other space in the home or on the property of a member of the financial group), vacation homes, condominiums.
- Income from income producing property is counted as follows:
- If a financial group member actively manages the property 20 hours or more per week, the income is treated in the same manner as self-employment income (see OAR 461-145-0910, 461-145-0920, and 461-145-0930).
- If a financial group member does not actively manage the property 20 hours or more per week, the income is counted as unearned income with exclusions allowed only in accordance with OAR 461-145-0920.
- The equity value (defined in OAR 461-001-0000) of income-producing property is treated as follows:
- In the EA, ERDC, and OHP programs, it is excluded.
- In the FS program, it is counted as a resource except to the extent described in each of the following situations:
- If the property produces an annual countable income similar to other properties in the community with comparable market value, the equity value of the property is excluded.
- The equity value of income-producing livestock, poultry, and other animals is excluded.
- If selling the resource would produce a net gain to the financial group of less than $1,500, the equity value is excluded.
- In the GA, GAM, OSIP, OSIPM, and QMB programs, it is counted as a resource, except:
- If the property produces an annual countable income of at least six percent of its equity value, the value of the property is excluded up to a maximum of $6,000.
- The total equity value is excluded if all the following are true:
- The property is used in a trade or business.
- The property is essential to the client's self-support.
- The property produces an annual countable income of at least six percent of its equity value.
- In the MAA, MAF, REF, REFM, SAC, and TANF programs, it is counted as a resource.
Stat. Auth.: ORS 411.060, 411.816, 418.100
Stats. Implemented: ORS 411.060, 411.700, 411.816, 418.100
461-145-0250 Effective: 07/01/06
Income-Producing Property
- Income-producing property is any real or personal property that generates income for the financial group. Examples of income-producing property are:
- Livestock, poultry, and other animals.
- Farmland, rental homes (including a room or other space in the home or on the property of a member of the financial group), vacation homes, condominiums.
- Income from income producing property is counted as follows:
- If a financial group member actively manages the property 20 hours or more per week, the income is treated in the same manner as self-employment income (see OAR 461-145-0910, 461-145-0920, and 461-145-0930).
- If a financial group member does not actively manage the property 20 hours or more per week, the income is counted as unearned income with exclusions allowed only in accordance with OAR 461-145-0920.
- The equity value of income-producing property is treated as follows:
- In the EA, ERDC, and OHP programs, it is excluded.
- In the FS program, it is counted as a resource except to the extent described in each of the following situations:
- If the property produces an annual countable income similar to other properties in the community with comparable market value, the equity value of the property is excluded.
- The equity value of income-producing livestock, poultry, and other animals is excluded.
- If selling the resource would produce a net gain to the financial group of less than $1,500, the equity value is excluded.
- In the GA, GAM, OSIP, OSIPM, and QMB programs, it is counted as a resource, except:
- If the property produces an annual countable income of at least six percent of its equity value, the value of the property is excluded up to a maximum of $6,000.
- The total equity value is excluded if all the following are true:
- The property is used in a trade or business.
- The property is essential to the client's self-support.
- The property produces an annual countable income of at least six percent of its equity value.
- In the MAA, MAF, REF, REFM, SAC, and TANF programs, it is counted as a resource.
Stat. Auth.: ORS 411.060, 411.816, 418.100
Stats. Implemented: ORS 411.060, 411.700, 411.816, 418.100
461-145-0250 Effective 7/01/04
Income-Producing Property
- Income-producing property is any real or personal property that generates income for the financial group. Examples of income-producing property are:
- Livestock, poultry, and other animals.
- Farmland, rental homes, vacation homes, condominiums.
- The equity value of income-producing property is treated as follows:
- In the MAA, MAF, REF, REFM, SAC, and TANF programs, it is counted as a resource.
- In the EA, ERDC, and OHP programs, it is excluded.
- In the FS program, it is counted as a resource except:
- If the property produces an annual countable income similar to other properties in the community with comparable market value, the equity value of the property is excluded.
- The equity value of income-producing livestock, poultry, and other animals is excluded.
- In the GA, GAM, OSIP, OSIPM, and QMB programs, it is counted as a resource, except:
- If the property produces an annual countable income of at least six percent of its equity value, the value of the property is excluded up to a maximum of $6,000.
- The total equity value is excluded if all the following are true:
- The property is used in a trade or business.
- The property is essential to the client's self-support.
- The property produces an annual countable income of at least six percent of its equity value.
- For grandfathered OSIP and OSIPM clients, it is counted as a resource, except that income-producing property in excess of the resource limit is excluded if all the following are true:
- It provides partial or full financial support or has a significant rehabilitative effect on the client.
- Time spent at the property or business is more profitable than working the same amount of time for wages at the usual rate of pay in the community.
- The property or business pays its own costs and yields a reasonable profit.
- The client maintains adequate bookkeeping records to show business cost and profit.
- The value of the business is based on the wholesale value of the inventory plus the present sale price of equipment. If the value is more than $5,000, the client must provide expert fiscal evaluation from a local recognized authority, such as a bank. Other assets owned by the client cannot be included as business assets unless expert fiscal evaluation is provided.
- Income from income-producing property is counted as follows:
- If a financial group member actively manages the property 20 hours or more per week, the income is counted as self-employment income.
- If a financial group member manages the property less than 20 hours per week, the income is counted as unearned income with exclusions allowed only in accordance with OAR 461-145-0920.
Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.700
461-145-0250 Effective 4/01/00
Income-Producing Property
- Income-producing property is any real or personal property that generates income for the financial group. Examples of income-producing property are:
- Livestock, poultry, and other animals.
- Farmland, rental homes, vacation homes, condominiums.
- Treat the equity value of income-producing property as follows:
- For MAA, MAF, REF, REFM, SAC and TANF, count it as a resource.
- For ADCM-EA, EA, ERDC and OHP, exclude it.
- For FS, count as a resource except:
- Exclude the equity value of property that produces an annual countable income that is similar to other properties in the community with comparable market value.
- Exclude the equity value of income-producing livestock, poultry, and other animals.
- For GA, GAM, OSIP, OSIPM, and QMB, count as a resource, except:
- Exclude up to $6,000 of the equity value if the property produces an annual countable income of at least six percent of its equity value.
- Exclude the total equity value if all the following are true:
- The property is used in a trade or business.
- The property is essential to the client's self-support.
- The property produces an annual countable income of at least six percent of its equity value.
- For grandfathered OSIP and OSIPM clients, count as a resource, except that income-producing property in excess of the resource limit is excluded if all the following are true:
- It provides partial or full financial support or has a significant rehabilitative effect on the client.
- Time spent at the property or business is more profitable than working the same amount of time for wages at the usual rate of pay in the community.
- The property or business pays its own costs and yields a reasonable profit.
- The client maintains adequate bookkeeping records to show business cost and profit.
- The value of the business is based on the wholesale value of the inventory plus the present sale price of equipment. If the value is more than $5,000, the client must provide expert fiscal evaluation from a local recognized authority, such as a bank. Other assets owned by the client cannot be included as business assets unless expert fiscal evaluation is provided.
- Income from income-producing property is counted as follows:
- If a financial group member actively manages the property 20 hours or more per week, the income is counted as self-employment income.
- If a financial group member manages the property less than 20 hours per week, the income is counted as unearned income with exclusions allowed only in accordance with OAR 461-145-0920.
Stat. Auth.:ORS 411.060
Stats. Implemented: ORS 411.700
461-145-0250
Income-Producing Property
- Income-producing property is any real or personal property that generates income for the financial group. Examples of income-producing property are:
- Livestock, poultry, and other animals.
- Farmland, rental homes, vacation homes, condominiums.
- Treat the equity value of income-producing property as follows:
- For ADC-BAS, ADCM (except ADCM-EA), REF and REFM, count it as a resource.
- For ADC-EA, ADCM-EA, ERDC and OHP, exclude it.
- For FS, count as a resource unless either of the following is true:
- Exclude the equity value of property that produces an annual countable income that is similar to other properties in the community with comparable market value.
- Exclude the equity value of income-producing livestock, poultry, and other animals.
- For GA, GAM, OSIP, OSIPM, and QMB, count as a resource, except as follows:
- Exclude up to $6,000 of the equity value if the property produces an annual countable income of at least 6 percent of its equity value.
- Exclude the total equity value if all the following are true:
- The property is used in a trade or business.
- The property is essential to the client's self-support.
- The property produces an annual countable income of at least 6 percent of its equity value.
- For grandfathered OSIP and OSIPM clients, count as a resource, except that income-producing property in excess of the resource limit is excluded if all the following are true:
- It provides partial or full financial support or has a significant rehabilitative effect on the client.
- Time spent at the property or business is more profitable than working the same amount of time for wages at the usual rate of pay in the community.
- The property or business pays its own costs and yields a reasonable profit.
- The client maintains adequate bookkeeping records to show business cost and profit.
- The value of the business is based on the wholesale value of the inventory plus the present sale price of equipment. If the value is more than $5,000, the client must provide expert fiscal evaluation from a local recognized authority, such as a bank. Other assets owned by the client cannot be included as business assets unless expert fiscal evaluation is provided.
- Count the income from income-producing property as follows:
- If a financial group member actively manages the property 20 hours or more per week, count as self-employment income.
- If a financial group member manages the property less than 20 hours per week, count as unearned income minus necessary costs. Allow the same costs allowed in determining countable self-employment income.