Previous Rules

461-155-0660    Effective 01/01/18
Special Need; Accommodation Allowance

An OSIPM recipient may receive an accommodation allowance as follows:

1. Temporary absence of individual from home.
   1. A temporary accommodation allowance may be authorized if an individual meets all the following requirements:
      1. The individual owns, rents or leases a primary residence.

      2. The individual leaves his or her home or rental property and temporarily receives services in a hospital, nursing facility, residential care facility, assisted living facility, adult foster home, specialized living facility or state psychiatric institution.

      3. Except for a temporary absence from the primary residence, the individual must be eligible to receive in-home services under OAR chapter 411 division 030. 

      4. The individual cannot afford to keep the home or rental property without the allowance.

      5. The individual will be able to return home or rental property within six months of leaving, according to a written statement from a primary practitioner, RN, or PAS (pre-admission screening) RN.

      6. The home or rental property will accommodate the service plan of the individual when the individual returns.

   2. The allowance may be authorized for six months. If, after six months, the individual continues to meet the criteria in subsection (a) of this section, an extension may be approved in writing by a supervisor.

   3. The accommodation allowance equals the total of the individual's housing cost, including taxes and insurance, plus the limited standard utility allowance for the SNAP program provided in OAR 461-160-0420.

2. Disability-associated accommodation allowance.
   1. In order to be eligible for an accommodation allowance under this section, an individual must meet the requirements of each of the following paragraphs:
      1. The individual must meet the requirements of at least one of the following subparagraphs:
         1. Receive SSI.
         2. Have adjusted income less than the OSIPM program income standard.
         3. Be receiving or be eligible to receive home and community-based care in-home services under OAR chapter 411 division 030 and be 18 years of age or older

      2. The individual’s shelter costs exceed $451 for a one-person need group or $559 for a two-person need group; and
      3. The individual has a documented increase in rent associated with access by an individual with a disability.

   2. The amount of the accommodation allowance is limited to the amount of the increase in housing cost associated with the individual’s access needs.

3. Accommodation allowance based on increased costs associated with an individual’s need for a home with an additional bedroom for a service provider.

   1. In order to be eligible for an accommodation allowance under this section, an individual must meet the requirements of all of the following paragraphs:

      1. Receive in-home services under OAR Chapter 411 Division 030.
      2. Require full assistance in at least four of the six activities of daily living as determined by the assessment described in OAR Chapter 411 Division 015.
      3. Receive services from one or more homecare workers who routinely sleep at the individual’s home as part of the individual’s service plan.

   2. The amount of the accommodation allowance is the limited standard utility allowance for the SNAP program under OAR 461-160-0420 plus:
      1. One-third of the monthly rental cost; or
      2. One-third of the monthly payment on the property agreement (including mortgage, trust deed, or land sale contract).  The property agreement is the agreement existing at the time the individual is approved for the accommodation allowance.  The accommodation allowance for the housing portion ends if the debt is refinanced, unless the refinancing was done only to reduce the original property agreement’s interest rate or total monthly payment amount and the owner realized no direct or indirect payment of the home’s equity value is from the refinancing.
         1. If the refinancing requirement is met under this paragraph, the amount of the accommodation allowance is one-third of the refinanced property agreement amount plus the limited standard utility allowance under OAR 461-160-0420.
         2. If the refinancing requirement under this paragraph is not met and the housing portion of the accommodation allowance ends, the individual remains eligible only for the limited standard utility allowance portion under OAR 461-160-0420.

4. Special requirements.
   1. An individual who rents and qualifies for an allowance under section (2) or (3) of this rule must take the steps necessary to obtain subsidized housing under any federal or state housing program. An individual who fails, at any time, to take the steps necessary to obtain reasonably available subsidized housing is ineligible for the allowance.  An individual who has been denied or revoked from participation in any rent subsidy program based on the individual’s own actions is ineligible for benefits under this rule.

   2. An individual who rents housing and refuses subsidized housing will no longer be eligible for an accommodation allowance, except that if the housing that is offered is not suitable, related to accommodations, and the individual continues to have increased costs related to accommodations in the individual’s current living situation, the accommodation allowance may continue until such time as appropriate subsidized housing is found.

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.404, 411.704, 411.706, 413.085, 414.685
Stats. Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.704, 411.706

461-155-0660    Temporary Effective 10/01/17
Special Need; Accommodation Allowance

An OSIPM recipient may receive an accommodation allowance as follows:

1. Temporary absence of individual from home.
   1. A temporary accommodation allowance may be authorized if an individual meets all the following requirements:
      1. The individual owns, rents or leases a primary residence.

      2. The individual leaves his or her home or rental property and temporarily receives services in a hospital, nursing facility, residential care facility, assisted living facility, adult foster home, specialized living facility or state psychiatric institution.

      3. Except for a temporary absence from the primary residence, the individual must be eligible to receive in-home services under OAR chapter 411 division 030. 

      4. The individual cannot afford to keep the home or rental property without the allowance.

      5. The individual will be able to return home or rental property within six months of leaving, according to a written statement from a primary practitioner, RN, or PAS (pre-admission screening) RN.

      6. The home or rental property will accommodate the service plan of the individual when the individual returns.

   2. The allowance may be authorized for six months. If, after six months, the individual continues to meet the criteria in subsection (a) of this section, an extension may be approved in writing by a supervisor.

   3. The accommodation allowance equals the total of the individual's housing cost, including taxes and insurance, plus the limited standard utility allowance for the SNAP program provided in OAR 461-160-0420.

2. Disability-associated accommodation allowance.
   1. In order to be eligible for an accommodation allowance under this section, an individual must meet the requirements of each of the following paragraphs:
      1. The individual must meet the requirements of at least one of the following subparagraphs:
         1. Receive SSI.
         2. Have adjusted income less than the OSIPM program income standard.
         3. Be receiving or be eligible to receive home and community-based care in-home services under OAR chapter 411 division 030 and be 18 years of age or older

      2. The individual’s shelter costs exceed $451 for a one-person need group or $559 for a two-person need group; and
      3. The individual has a documented increase in rent associated with access by an individual with a disability.

   2. The amount of the accommodation allowance is limited to the amount of the increase in housing cost associated with the individual’s access needs.

3. Accommodation allowance based on increased costs associated with an individual’s need for a home with an additional bedroom for a service provider.

   1. In order to be eligible for an accommodation allowance under this section, an individual must meet the requirements of all of the following paragraphs:

      1. Receive in-home services under OAR Chapter 411 Division 030.
      2. Require full assistance in at least four of the six activities of daily living as determined by the assessment described in OAR Chapter 411 Division 015.
      3. Receive services from one or more homecare workers who routinely sleep at the individual’s home as part of the individual’s service plan.

   2. The amount of the accommodation allowance is the limited standard utility allowance for the SNAP program under OAR 461-160-0420 plus:
      1. One-third of the monthly rental cost; or
      2. One-third of the monthly payment on the property agreement (including mortgage, trust deed, or land sale contract).  The property agreement is the agreement existing at the time the individual is approved for the accommodation allowance.  The accommodation allowance for the housing portion ends if the debt is refinanced, unless the refinancing was done only to reduce the original property agreement’s interest rate or total monthly payment amount and the owner realized no direct or indirect payment of the home’s equity value is from the refinancing.
         1. If the refinancing requirement is met under this paragraph, the amount of the accommodation allowance is one-third of the refinanced property agreement amount plus the limited standard utility allowance under OAR 461-160-0420.
         2. If the refinancing requirement under this paragraph is not met and the housing portion of the accommodation allowance ends, the individual remains eligible only for the limited standard utility allowance portion under OAR 461-160-0420.

4. Special requirements.
   1. An individual who rents and qualifies for an allowance under section (2) or (3) of this rule must take the steps necessary to obtain subsidized housing under any federal or state housing program. An individual who fails, at any time, to take the steps necessary to obtain reasonably available subsidized housing is ineligible for the allowance.  An individual who has been denied or revoked from participation in any rent subsidy program based on the individual’s own actions is ineligible for benefits under this rule.

   2. An individual who rents housing and refuses subsidized housing will no longer be eligible for an accommodation allowance, except that if the housing that is offered is not suitable, related to accommodations, and the individual continues to have increased costs related to accommodations in the individual’s current living situation, the accommodation allowance may continue until such time as appropriate subsidized housing is found.

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.404, 411.704, 411.706, 413.085, 414.685
Stats. Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.704, 411.706

461-155-0660    Effective 09/01/17
Special Need; Accommodation Allowance

1. An OSIP or OSIPM program client living in a nursing facility is not eligible for an accommodation allowance. An OSIP or OSIPM program client living in a nonstandard living arrangement (see OAR 461-001-0000) is not eligible for an accommodation allowance unless he or she is receiving, or is eligible to receive after a temporary absence, home and community-based care (see OAR 461-001-0030) in-home services. An OSIP or OSIPM program client receiving SSI or having an adjusted income less than the OSIPM program income standard (except a client in a nursing facility) or eligible to receive or receiving home and community-based care in-home services is allowed an accommodation allowance if the client is 18 years of age or older and meets the criteria in section (2) or (3) of this rule.

2. Temporary absence of client from home.
   1. A temporary accommodation allowance may be authorized, when permitted under section (1) of this rule, if a client meets the following criteria:
      1. The client leaves his or her home or rental property and enters an adult foster care facility, assisted living facility, group care home, hospital, nursing facility, residential care facility, specialized living facility, or state psychiatric institution;

      2. The client cannot afford to keep the home without the allowance;

      3. The client will be able to return home within six months of leaving, according to a written statement from a primary practitioner, RN, or PAS (pre-admission screening) RN; and

      4. The home will accommodate the service plan of the client when the client returns.

   2. The allowance may be authorized for six months. If, after six months, the client continues to meet the criteria in subsection (a) of this section, an extension may be approved in writing by a supervisor.

   3. The accommodation allowance equals the total of the client's housing cost, including taxes and insurance, plus the limited standard utility allowance for the SNAP program provided in OAR 461-160-0420.

3. Additional cost for accommodation. A client meeting the criteria in section (1) of this rule may receive an accommodation allowance if the client's shelter cost exceeds $451 for a one-person need group (see OAR 461-110-0630) or $559 for a two-person need group, and the requirements of one of the following subsections are met:
   1. The client has a documented increase in rent associated with access by an individual with a disability; or

   2. The client has been assessed to need a live-in provider, has accepted the services of a live-in provider, and requires an additional bedroom for the live-in provider.

4. The accommodation allowance is determined as follows:
   1. For a client who receives an accommodation allowance based on increased costs associated with access by an individual with a disability, only the additional increase in cost for the accommodation is allowed.

   2. For a client who receives an accommodation allowance based on the need for an additional bedroom for a live-in provider, the amount of the accommodation allowance is the limited standard utility allowance for the SNAP program under OAR 461-160-0420 plus --
      1. One-third of the monthly rental cost; or

      2. One-third of the monthly payment on the property agreement (including mortgage, trust deed, or land sale contract). The property agreement is the agreement existing at the time the client is approved for the accommodation allowance. The accommodation allowance for the housing portion ends if the debt is refinanced, unless the refinancing was done only to reduce the original property agreement's interest rate or total monthly payment amount and the owner realized no direct or indirect payment of the home's equity value from the refinancing.
         1. If the refinancing requirement under this paragraph is met, the amount of the accommodation allowance is one-third of the refinanced property agreement amount plus the limited standard utility allowance under OAR 461-160-0420.

         2. If the refinancing requirement under this paragraph is not met and the housing portion of the accommodation allowance ends, the client remains eligible only for the limited standard utility allowance portion under OAR 461-160-0420.

5. Special requirements.
   1. A client who rents and qualifies for an allowance under section (3) of this rule must take the steps necessary to obtain subsidized housing under any federal or state housing program. A client who fails, at any time, to take the steps necessary to obtain subsidized housing reasonably available is ineligible for the allowance. A client, who has been denied or revoked from participation in any rent subsidy program based on the client's own actions is ineligible for benefits under this rule.

   2. A client who rents housing and refuses subsidized housing will no longer be eligible for an accommodation allowance, except that if the housing that is offered is not suitable, related to accommodations, and the client continues to have increased costs related to accommodations in the client's current living situation, the accommodation allowance may continue until such time as appropriate subsidized housing is found.

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.404, 411.704, 411.706, 413.085, 414.685
Stats. Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.704, 411.706

461-155-0660    Temporary Effective 04/01/17 through 08/31/17
Special Need; Accommodation Allowance

1. An OSIP or OSIPM program client living in a nursing facility is not eligible for an accommodation allowance. An OSIP or OSIPM program client living in a nonstandard living arrangement (see OAR 461-001-0000) is not eligible for an accommodation allowance unless he or she is receiving, or is eligible to receive after a temporary absence, home and community-based care (see OAR 461-001-0030) in-home services. An OSIP or OSIPM program client receiving SSI or having an adjusted income less than the OSIPM program income standard (except a client in a nursing facility) or eligible to receive or receiving home and community-based care in-home services is allowed an accommodation allowance if the client is 18 years of age or older and meets the criteria in section (2) or (3) of this rule.

2. Temporary absence of client from home.
   1. A temporary accommodation allowance may be authorized, when permitted under section (1) of this rule, if a client meets the following criteria:
      1. The client leaves his or her home or rental property and enters an adult foster care facility, assisted living facility, group care home, hospital, nursing facility, residential care facility, specialized living facility, or state psychiatric institution;

      2. The client cannot afford to keep the home without the allowance;

      3. The client will be able to return home within six months of leaving, according to a written statement from a primary practitioner, RN, or PAS (pre-admission screening) RN; and

      4. The home will accommodate the service plan of the client when the client returns.

   2. The allowance may be authorized for six months. If, after six months, the client continues to meet the criteria in subsection (a) of this section, an extension may be approved in writing by a supervisor.

   3. The accommodation allowance equals the total of the client's housing cost, including taxes and insurance, plus the limited standard utility allowance for the SNAP program provided in OAR 461-160-0420.

3. Additional cost for accommodation. A client meeting the criteria in section (1) of this rule may receive an accommodation allowance if the client's shelter cost exceeds $451 for a one-person need group (see OAR 461-110-0610) or $559 for a two-person need group, and the requirements of one of the following subsections are met:
   1. The client has a documented increase in rent associated with access by an individual with a disability; or

   2. The client has been assessed to need a live-in provider, has accepted the services of a live-in provider, and requires an additional bedroom for the live-in provider.

4. The accommodation allowance is determined as follows:
   1. For a client who receives an accommodation allowance based on increased costs associated with access by an individual with a disability, only the additional increase in cost for the accommodation is allowed.

   2. For a client who receives an accommodation allowance based on the need for an additional bedroom for a live-in provider, the amount of the accommodation allowance is the limited standard utility allowance for the SNAP program under OAR 461-160-0420 plus --
      1. One-third of the monthly rental cost; or

      2. One-third of the monthly payment on the property agreement (including mortgage, trust deed, or land sale contract). The property agreement is the agreement existing at the time the client is approved for the accommodation allowance. The accommodation allowance for the housing portion ends if the debt is refinanced, unless the refinancing was done only to reduce the original property agreement's interest rate or total monthly payment amount and the owner realized no direct or indirect payment of the home's equity value from the refinancing.
         1. If the refinancing requirement under this paragraph is met, the amount of the accommodation allowance is one-third of the refinanced property agreement amount plus the limited standard utility allowance under OAR 461-160-0420.

         2. If the refinancing requirement under this paragraph is not met and the housing portion of the accommodation allowance ends, the client remains eligible only for the limited standard utility allowance portion under OAR 461-160-0420.

5. Special requirements.
   1. A client who rents and qualifies for an allowance under section (3) of this rule must take the steps necessary to obtain subsidized housing under any federal or state housing program. A client who fails, at any time, to take the steps necessary to obtain subsidized housing reasonably available is ineligible for the allowance. A client, who has been denied or revoked from participation in any rent subsidy program based on the client's own actions is ineligible for benefits under this rule.

   2. A client who rents housing and refuses subsidized housing will no longer be eligible for an accommodation allowance, except that if the housing that is offered is not suitable, related to accommodations, and the client continues to have increased costs related to accommodations in the client's current living situation, the accommodation allowance may continue until such time as appropriate subsidized housing is found.

Stat. Auth.: ORS 411.060, 411.070, 411.704, 411.706
Stats. Implemented: ORS 411.060, 411.070, 411.704, 411.706

461-155-0660    Effective 10/01/13
Special Need; Accommodation Allowance

1. An OSIP or OSIPM program client living in a nursing facility is not eligible for an accommodation allowance. An OSIP or OSIPM program client living in a nonstandard living arrangement (see OAR 461-001-0000) is not eligible for an accommodation allowance unless he or she is receiving, or is eligible to receive after a temporary absence, home and community-based care (see OAR 461-001-0030) in-home services. An OSIP or OSIPM program client receiving SSI or having an adjusted income less than the OSIPM program income standard (except a client in a nursing facility) or eligible to receive or receiving home and community-based care in-home services is allowed an accommodation allowance if the client is 18 years of age or older and meets the criteria in section (2) or (3) of this rule.

2. Temporary absence of client from home.
   1. A temporary accommodation allowance may be authorized, when permitted under section (1) of this rule, if a client meets the following criteria:
      1. The client leaves his or her home or rental property and enters an adult foster care facility, assisted living facility, group care home, hospital, nursing facility, residential care facility, specialized living facility, or state psychiatric institution;

      2. The client cannot afford to keep the home without the allowance;

      3. The client will be able to return home within six months of leaving, according to a written statement from a primary practitioner, RN, or PAS (pre-admission screening) RN; and

      4. The home will accommodate the service plan of the client when the client returns.

   2. The allowance may be authorized for six months. If, after six months, the client continues to meet the criteria in subsection (a) of this section, an extension may be approved in writing by a supervisor.

   3. The accommodation allowance equals the total of the client's housing cost, including taxes and insurance, plus the limited standard utility allowance for the SNAP program provided in OAR 461-160-0420.

3. Additional cost for accommodation. A client meeting the criteria in section (1) of this rule may receive an accommodation allowance if the client's shelter cost exceeds the shelter standard in OAR 461-155-0250(2) and the requirements of one of the following subsections are met:
   1. The client has a documented increase in rent associated with access by an individual with a disability; or

   2. The client has been assessed to need a live-in provider, has accepted the services of a live-in provider, and requires an additional bedroom for the live-in provider.

4. The accommodation allowance is determined as follows:
   1. For a client who receives an accommodation allowance based on increased costs associated with access by an individual with a disability, only the additional increase in cost for the accommodation is allowed.

   2. For a client who receives an accommodation allowance based on the need for an additional bedroom for a live-in provider, the amount of the accommodation allowance is the limited standard utility allowance for the SNAP program under OAR 461-160-0420 plus --
      1. One-third of the monthly rental cost; or

      2. One-third of the monthly payment on the property agreement (including mortgage, trust deed, or land sale contract). The property agreement is the agreement existing at the time the client is approved for the accommodation allowance. The accommodation allowance for the housing portion ends if the debt is refinanced, unless the refinancing was done only to reduce the original property agreement's interest rate or total monthly payment amount and the owner realized no direct or indirect payment of the home's equity value from the refinancing.
         1. If the refinancing requirement under this paragraph is met, the amount of the accommodation allowance is one-third of the refinanced property agreement amount plus the limited standard utility allowance under OAR 461-160-0420.

         2. If the refinancing requirement under this paragraph is not met and the housing portion of the accommodation allowance ends, the client remains eligible only for the limited standard utility allowance portion under OAR 461-160-0420.

5. Special requirements.
   1. A client who rents and qualifies for an allowance under section (3) of this rule must take the steps necessary to obtain subsidized housing under any federal or state housing program. A client who fails, at any time, to take the steps necessary to obtain subsidized housing reasonably available is ineligible for the allowance. A client, who has been denied or revoked from participation in any rent subsidy program based on the client's own actions is ineligible for benefits under this rule.

   2. A client who rents housing and refuses subsidized housing will no longer be eligible for an accommodation allowance, except that if the housing that is offered is not suitable, related to accommodations, and the client continues to have increased costs related to accommodations in the client's current living situation, the accommodation allowance may continue until such time as appropriate subsidized housing is found.

Stat. Auth.: ORS 411.060, 411.070, 411.704, 411.706
Stats. Implemented: ORS 411.060, 411.070, 411.704, 411.706

461-155-0660    Temporary Effective 07/01/13 through 09/30/13
Special Need; Accommodation Allowance

1. An OSIP or OSIPM program client living in a nursing facility is not eligible for an accommodation allowance. An OSIP or OSIPM program client living in a nonstandard living arrangement (see OAR 461-001-0000) is not eligible for an accommodation allowance unless he or she is receiving, or is eligible to receive after a temporary absence, home and community-based care (see OAR 461-001-0030) in-home services. An OSIP or OSIPM program client receiving SSI or having an adjusted income less than the OSIPM program income standard (except a client in a nursing facility) or eligible to receive or receiving home and community-based care in-home services is allowed an accommodation allowance if the client is 18 years of age or older and meets the criteria in section (2) or (3) of this rule.

2. Temporary absence of client from home.
   1. A temporary accommodation allowance may be authorized, when permitted under section (1) of this rule, if a client meets the following criteria:
      1. The client leaves his or her home or rental property and enters an adult foster care facility, assisted living facility, group care home, hospital, nursing facility, residential care facility, specialized living facility, or state psychiatric institution;

      2. The client cannot afford to keep the home without the allowance;

      3. The client will be able to return home within six months of leaving, according to a written statement from a primary practitioner, RN, or PAS (pre-admission screening) RN; and

      4. The home will accommodate the service plan of the client when the client returns.

   2. The allowance may be authorized for six months. If, after six months, the client continues to meet the criteria in subsection (a) of this section, an extension may be approved in writing by a supervisor.

   3. The accommodation allowance equals the total of the client's housing cost, including taxes and insurance, plus the limited standard utility allowance for the SNAP program provided in OAR 461-160-0420.

3. Additional cost for accommodation. A client meeting the criteria in section (1) of this rule may receive an accommodation allowance if the client's shelter cost exceeds the shelter standard in OAR 461-155-0250(2) and the requirements of one of the following subsections are met:
   1. The client has a documented increase in rent associated with access by an individual with a disability; or

   2. The client has been assessed to need a live-in provider, has accepted the services of a live-in provider, and requires an additional bedroom for the live-in provider.

4. The accommodation allowance is determined as follows:
   1. For a client who receives an accommodation allowance based on increased costs associated with access by an individual with a disability, only the additional increase in cost for the accommodation is allowed.

   2. For a client who receives an accommodation allowance based on the need for an additional bedroom for a live-in provider, the amount of the accommodation allowance is the limited standard utility allowance for the SNAP program under OAR 461-160-0420 plus --
      1. One-third of the monthly rental cost; or

      2. One-third of the monthly payment on the property agreement (including mortgage, trust deed, or land sale contract). The property agreement is the agreement existing at the time the client is approved for the accommodation allowance. The accommodation allowance for the housing portion ends if the debt is refinanced, unless the refinancing was done only to reduce the original property agreement's interest rate or total monthly payment amount and the owner realized no direct or indirect payment of the home's equity value from the refinancing.
         1. If the refinancing requirement under this paragraph is met, the amount of the accommodation allowance is one-third of the refinanced property agreement amount plus the limited standard utility allowance under OAR 461-160-0420.

         2. If the refinancing requirement under this paragraph is not met and the housing portion of the accommodation allowance ends, the client remains eligible only for the limited standard utility allowance portion under OAR 461-160-0420.

5. Special requirements.
   1. A client who rents and qualifies for an allowance under section (3) of this rule must take the steps necessary to obtain subsidized housing under any federal or state housing program. A client who fails, at any time, to take the steps necessary to obtain subsidized housing reasonably available is ineligible for the allowance. A client, who has been denied or revoked from participation in any rent subsidy program based on the client's own actions is ineligible for benefits under this rule.

   2. A client who rents housing and refuses subsidized housing will no longer be eligible for an accommodation allowance, except that if the housing that is offered is not suitable, related to accommodations, and the client continues to have increased costs related to accommodations in the client's current living situation, the accommodation allowance may continue until such time as appropriate subsidized housing is found.

Stat. Auth.: ORS 411.060, 411.070, 411.704, 411.706
Stats. Implemented: ORS 411.060, 411.070, 411.704, 411.706

461-155-0660     Effective 10/01/11
Special Need; Accommodation Allowance

1. An OSIP or OSIPM program client living in a nursing facility is not eligible for an accommodation allowance. An OSIP or OSIPM program client living in a nonstandard living arrangement (see OAR 461-001-0000) is not eligible for an accommodation allowance unless he or she is receiving, or is eligible to receive after a temporary absence, in-home waivered services. An OSIP or OSIPM program client receiving SSI or having an adjusted income less than the OSIPM program income standard (except a client in a nursing facility) or eligible to receive or receiving in-home waivered services is allowed an accommodation allowance if the client is 18 years of age or older and meets the criteria in section (2) or (3) of this rule.

2. Temporary absence of client from home.
   1. A temporary accommodation allowance may be authorized, when permitted under section (1) of this rule, if a client meets the following criteria:
      1. The client leaves his or her home or rental property and enters an adult foster care facility, assisted living facility, group care home, hospital, nursing facility, residential care facility, specialized living facility, or state psychiatric institution;

      2. The client cannot afford to keep the home without the allowance;

      3. The client will be able to return home within six months of leaving, according to a written statement from a primary practitioner, RN, or PAS (pre-admission screening) RN; and

      4. The home will accommodate the service plan of the client when the client returns.

   2. The allowance may be authorized for six months. If, after six months, the client continues to meet the criteria in subsection (a) of this section, an extension may be approved in writing by a supervisor.

   3. The accommodation allowance equals the total of the client's housing cost, including taxes and insurance, plus the limited standard utility allowance for the SNAP program provided in OAR 461-160-0420.

3. Additional cost for accommodation. A client meeting the criteria in section (1) of this rule may receive an accommodation allowance if the client's shelter cost exceeds the shelter standard in OAR 461-155-0250(2) and the requirements of one of the following subsections are met:
   1. The client has a documented increase in rent associated with access by an individual with a disability; or

   2. The client has been assessed to need a live-in provider, has accepted the services of a live-in provider, and requires an additional bedroom for the live-in provider.

4. The accommodation allowance is determined as follows:
   1. For a client who receives an accommodation allowance based on increased costs associated with access by an individual with a disability, only the additional increase in cost for the accommodation is allowed.

   2. For a client who receives an accommodation allowance based on the need for an additional bedroom for a live-in provider, the amount of the accommodation allowance is the limited standard utility allowance for the SNAP program under OAR 461-160-0420 plus --
      1. One-third of the monthly rental cost; or

      2. One-third of the monthly payment on the property agreement (including mortgage, trust deed, or land sale contract). The property agreement is the agreement existing at the time the client is approved for the accommodation allowance. The accommodation allowance for the housing portion ends if the debt is refinanced, unless the refinancing was done only to reduce the original property agreement's interest rate or total monthly payment amount and the owner realized no direct or indirect payment of the home's equity value from the refinancing.
         1. If the refinancing requirement under this paragraph is met, the amount of the accommodation allowance is one-third of the refinanced property agreement amount plus the limited standard utility allowance under OAR 461-160-0420.

         2. If the refinancing requirement under this paragraph is not met and the housing portion of the accommodation allowance ends, the client remains eligible only for the limited standard utility allowance portion under OAR 461-160-0420.

5. Special requirements.
   1. A client who rents and qualifies for an allowance under section (3) of this rule must take the steps necessary to obtain subsidized housing under any federal or state housing program. A client who fails, at any time, to take the steps necessary to obtain subsidized housing reasonably available is ineligible for the allowance. A client, who has been denied or revoked from participation in any rent subsidy program based on the client's own actions is ineligible for benefits under this rule.

   2. A client who rents housing and refuses subsidized housing will no longer be eligible for an accommodation allowance, except that if the housing that is offered is not suitable, related to accommodations, and the client continues to have increased costs related to accommodations in the client's current living situation, the accommodation allowance may continue until such time as appropriate subsidized housing is found.

Stat. Auth.: ORS 411.060, 411.070, 411.704, 411.706
Stats. Implemented: ORS 411.060, 411.070, 411.704, 411.706

461-155-0660     Effective 01/01/10
Special Need; Accommodation Allowance

1. An OSIP or OSIPM program client living in a nursing facility is not eligible for an accommodation allowance. An OSIP or OSIPM program client living in a nonstandard living arrangement (see OAR 461-001-0000) is not eligible for an accommodation allowance unless he or she is receiving, or is eligible to receive after a temporary absence, in-home waivered services. An OSIP or OSIPM program client receiving SSI or having an adjusted income less than the OSIPM program income standard (except a client in a nursing facility) or eligible to receive or receiving in-home waivered services is allowed an accommodation allowance if the client meets the criteria in section (2) or (3) of this rule.

2. Temporary absence of client from home.
   1. A temporary accommodation allowance may be authorized, when permitted under section (1) of this rule, if a client meets the following criteria:
      1. The client leaves his or her home or rental property and enters an adult foster care facility, assisted living facility, group care home, hospital, nursing facility, residential care facility, specialized living facility, or state psychiatric institution;

      2. The client cannot afford to keep the home without the allowance;

      3. The client will be able to return home within six months of leaving, according to a written statement from a primary practitioner, RN, or PAS (pre-admission screening) RN; and

      4. The home will accommodate the service plan of the client when the client returns.

   2. The allowance may be authorized for six months. If, after six months, the client continues to meet the criteria in subsection (a) of this section, an extension may be approved in writing by a supervisor.

   3. The accommodation allowance equals the total of the client's housing cost, including taxes and insurance, plus the limited standard utility allowance for the SNAP program provided in OAR 461-160-0420.

3. Additional cost for accommodation. A client meeting the criteria in section (1) of this rule may receive an accommodation allowance if the client's shelter cost exceeds the shelter standard in OAR 461-155-0250(2) and the requirements of one of the following subsections are met:
   1. The client has a documented increase in rent associated with access by an individual with a disability; or

   2. The client has been assessed to need a live-in provider, has accepted the services of a live-in provider, and requires an additional bedroom for the live-in provider.

4. The accommodation allowance is determined as follows:
   1. For a client who receives an accommodation allowance based on increased costs associated with access by an individual with a disability, only the additional increase in cost for the accommodation is allowed.

   2. For a client who receives an accommodation allowance based on the need for an additional bedroom for a live-in provider, the amount of the accommodation allowance is the limited standard utility allowance for the SNAP program under OAR 461-160-0420 plus --
      1. One-third of the monthly rental cost; or

      2. One-third of the monthly payment on the property agreement (including mortgage, trust deed, or land sale contract). The property agreement is the agreement existing at the time the client is approved for the accommodation allowance. The accommodation allowance for the housing portion ends if the debt is refinanced, unless the refinancing was done only to reduce the original property agreement's interest rate or total monthly payment amount and the owner realized no direct or indirect payment of the home's equity value from the refinancing.
         1. If the refinancing requirement under this paragraph is met, the amount of the accommodation allowance is one-third of the refinanced property agreement amount plus the limited standard utility allowance under OAR 461-160-0420.

         2. If the refinancing requirement under this paragraph is not met and the housing portion of the accommodation allowance ends, the client remains eligible only for the limited standard utility allowance portion under OAR 461-160-0420.

5. Special requirements.
   1. A client who rents and qualifies for an allowance under section (3) of this rule must take the steps necessary to obtain subsidized housing under any federal or state housing program. A client who fails, at any time, to take the steps necessary to obtain subsidized housing reasonably available is ineligible for the allowance. A client, who has been denied or revoked from participation in any rent subsidy program based on the client's own actions is ineligible for benefits under this rule.

   2. A client who rents housing and refuses subsidized housing will no longer be eligible for an accommodation allowance, except that if the housing that is offered is not suitable, related to accommodations, and the client continues to have increased costs related to accommodations in the client's current living situation, the accommodation allowance may continue until such time as appropriate subsidized housing is found.

Stat. Auth.: ORS 411.060, 411.070, 414.042
Stats. Implemented: ORS 411.060, 411.070, 411.706, 414.042

461-155-0660     Effective 07/01/09
Special Need; Accommodation Allowance

1. OSIP and OSIPM clients living in a nursing facility are not eligible for an accommodation allowance. OSIP and OSIPM clients living in a nonstandard living arrangement (see OAR 461-001-0000) are not eligible for an accommodation allowance unless they are receiving, or are eligible to receive after a temporary absence, in-home waivered services. OSIP and OSIPM clients who are receiving SSI (except those in a nursing facility) or are eligible to receive or are receiving in-home waivered services are allowed an accommodation allowance if the client meets the criteria in section (2) or (3) of this rule.

2. Temporary absence of client from home.
   1. A temporary accommodation allowance may be authorized, where permitted under section (1) of this rule, if a client meets the following criteria:
      1. The client leaves his or her home or rental property and enters a hospital, state psychiatric institution, nursing facility, adult foster care facility, assisted living facility, residential care facility, group care home, or specialized living facility;

      2. The client cannot afford to keep the home without the allowance;

      3. The client will be able to return home within six months of leaving, according to a written statement from a primary practitioner, RN, or PAS (pre-admission screening) RN; and

      4. The home will accommodate the service plan of the client when the client returns.

   2. The allowance may be authorized for six months. If, after six months, the client continues to meet the criteria in subsection (a) of this section, an extension may be approved in writing by a supervisor.

   3. The accommodation allowance equals the total of the client's housing cost, including taxes and insurance, plus the limited standard utility allowance for the Food Stamp program provided in OAR 461-160-0420.

3. Additional cost for accommodation. A client receiving SSI benefits (except those in a nursing facility) or in-home waivered services may receive an accommodation allowance if the client's shelter cost exceeds the shelter standard in OAR 461-155-0250(2) and the requirements of one of the following subsections are met:
   1. The client has a documented increase in rent associated with access by a person with a disability.

   2. The client has been assessed to need a live-in provider, has accepted the services of a live-in provider, and requires an additional bedroom for the live-in provider.

4. The accommodation allowance is determined as follows:
   1. For a client who receives an accommodation allowance based on increased costs associated with access by a person with a disability, only the additional increase in cost for the accommodation is allowed.

   2. For a client who receives an accommodation allowance based on the need for an additional bedroom for a live-in provider, the amount of the accommodation allowance is the limited standard utility allowance for the FS program under OAR 461-160-0420 plus --
      1. One-third of the monthly rental cost; or

      2. One-third of the monthly payment on the property agreement (including mortgage, trust deed, or land sale contract). The property agreement is the agreement existing at the time the client is approved for the accommodation allowance. The accommodation allowance for the housing portion ends if the debt is refinanced, unless the refinancing was done only to reduce the original property agreement's interest rate or total monthly payment amount and the owner realized no direct or indirect payment of the home's equity value from the refinancing.
         1. If the refinancing requirement under this paragraph is met, the amount of the accommodation allowance is one-third of the refinanced property agreement amount plus the limited standard utility allowance under OAR 461-160-0420.

         2. If the refinancing requirement under this paragraph is not met and the housing portion of the accommodation allowance ends, the client remains eligible only for the limited standard utility allowance portion under OAR 461-160-0420.

5. Special requirements.
   1. A client who rents and qualifies for an allowance under section (3) of this rule must take the steps necessary to obtain subsidized housing under any federal or state housing program. A client who fails, at any time, to take the steps necessary to obtain subsidized housing reasonably available is ineligible for the allowance. A client, who has been denied or revoked from participation in any rent subsidy program based on the client's own actions is ineligible for benefits under this rule.

   2. A client who rents housing and refuses subsidized housing will no longer be eligible for an accommodation allowance, except that if the housing that is offered is not suitable, related to accommodations, and the client continues to have increased costs related to accommodations in the client's current living situation, the accommodation allowance may continue until such time as appropriate subsidized housing is found.

Stat. Auth.: ORS 411.060, 411.070, 414.042
Stats. Implemented: ORS 411.060, 411.070, 414.042

461-155-0660     Effective 10/01/08
Special Need; Accommodation Allowance

1. OSIP and OSIPM clients living in a nursing facility are not eligible for an accommodation allowance. OSIP and OSIPM clients living in a nonstandard living arrangement (see OAR 461-001-0000) are not eligible for an accommodation allowance unless they are receiving, or are eligible to receive after a temporary absence, in-home waivered services. OSIP and OSIPM clients who are receiving SSI (except those in a nursing facility) or are eligible to receive or are receiving in-home waivered services are allowed an accommodation allowance if the client meets the criteria in section (2) or (3) of this rule.

2. Temporary absence of client from home.
   1. A temporary accommodation allowance may be authorized, where permitted under section (1) of this rule, if a client meets the following criteria:
      1. The client leaves his or her home or rental property and enters a hospital, state psychiatric institution, nursing facility, adult foster care facility, assisted living facility, residential care facility, group care home, or specialized living facility;

      2. The client cannot afford to keep the home without the allowance;

      3. The client will be able to return home within six months of leaving, according to a written statement from a primary practitioner, RN, or PAS (pre-admission screening) RN; and

      4. The home will accommodate the service plan of the client when the client returns.

   2. The allowance may be authorized for six months. If, after six months, the client continues to meet the criteria in subsection (a) of this section, an extension may be approved in writing by a supervisor.

   3. The accommodation allowance equals the total of the client's housing cost, including taxes and insurance, plus the limited standard utility allowance for the Food Stamp program provided in OAR 461-160-0420.

3. Additional cost for accommodation. A client receiving SSI benefits (except those in a nursing facility) or in-home waivered services may receive an accommodation allowance if the client's shelter cost exceeds the shelter standard in OAR 461-155-0250(2) and the requirements of one of the following subsections are met:
   1. The client has a documented increase in rent associated with access by a person with a disability.

   2. The client has been assessed to need a live-in provider, has accepted the services of a live-in provider, and requires an additional bedroom for the live-in provider.

4. The accommodation allowance is determined as follows:
   1. For clients who receive an accommodation allowance based on increased costs associated with access by a person with a disability, only the additional increase in cost for the accommodation is allowed.

   2. For clients who receive an accommodation allowance based on the need for an additional bedroom for a live-in provider, the amount of the accommodation allowance is one-third of the monthly rental cost or one-third cost of the monthly payment on an original purchase money mortgage, plus the limited standard utility allowance for the Food Stamp program provided in OAR 461-160-0420. This allowance does not cover any refinancing of the debt owed on the original purchase money mortgage unless the refinancing was done only to reduce the original purchase money mortgage's interest rate and the owner realized no direct or indirect payment of the home's equity value from the refinancing.

5. Special requirements.
   1. A client who rents and qualifies for an allowance under section (3) of this rule must take the steps necessary to obtain subsidized housing under any federal or state housing program. A client who fails, at any time, to take the steps necessary to obtain subsidized housing reasonably available is ineligible for the allowance. A client, who has been denied or revoked from participation in any rent subsidy program based on the client's own actions is ineligible for benefits under this rule.

   2. A client who rents housing and refuses subsidized housing will no longer be eligible for an accommodation allowance, except that if the housing that is offered is not suitable, related to accommodations, and the client continues to have increased costs related to accommodations in the client's current living situation, the accommodation allowance may continue until such time as appropriate subsidized housing is found.

Stat. Auth.: ORS 411.060, 411.070, 414.042
Stats. Implemented: ORS 411.060, 411.070, 414.042

461-155-0660     Effective 01/01/07
Special Need; Accommodation Allowance

1. OSIP and OSIPM clients living in a nursing facility are not eligible for an accommodation allowance. OSIP and OSIPM clients living in a nonstandard living arrangement (see OAR 461-001-0000) are not eligible for an accommodation allowance unless they are receiving in-home waivered services. OSIP and OSIPM clients who are receiving SSI (except those in a nursing facility) or in-home waivered services are allowed an accommodation allowance if the client meets the criteria in section (2) or (3) of this rule.

2. Temporary absence of client from home.
   1. A temporary accommodation allowance may be authorized, where permitted under section (1) of this rule, if a client meets the following criteria:
      1. The client leaves his or her home or rental property and enters a hospital, state psychiatric institution, nursing facility, adult foster care facility, assisted living facility, residential care facility, group care home, or specialized living facility;

      2. The client cannot afford to keep the home without the allowance;

      3. The client will be able to return home within six months of leaving, according to a written statement from a primary practitioner, RN, or PAS (pre-admission screening) RN; and

      4. The home will accommodate the service plan of the client when the client returns.

   2. The allowance may be authorized for six months. If, after six months, the client continues to meet the criteria in subsection (a) of this section, an extension may be approved in writing by a supervisor.

   3. The accommodation allowance equals the total of the client's housing cost, including taxes and insurance, plus the limited standard utility allowance for the Food Stamp program provided in OAR 461-160-0420.

3. Additional cost for accommodation. A client receiving SSI benefits (except those in a nursing facility) or in-home waivered services may receive an accommodation allowance if the client's shelter cost exceeds the shelter standard in OAR 461-155-0250(2) and the requirements of one of the following subsections are met:
   1. The client has a documented increase in rent associated with access by a person with a disability.

   2. The client has been assessed to need a live-in provider, has accepted the services of a live-in provider, and requires an additional bedroom for the live-in provider.

4. The accommodation allowance is determined as follows:
   1. For clients who receive an accommodation allowance based on increased costs associated with access by a person with a disability, only the additional increase in cost for the accommodation is allowed.

   2. For clients who receive an accommodation allowance based on the need for an additional bedroom for a live-in provider, the amount of the accommodation allowance is one-third of the monthly rental cost or one-third cost of the monthly payment on an original purchase money mortgage, plus the limited standard utility allowance for the Food Stamp program provided in OAR 461-160-0420. This allowance does not cover any refinancing of the debt owed on the original purchase money mortgage unless the refinancing was done only to reduce the original purchase money mortgage's interest rate and the owner realized no direct or indirect payment of the home's equity value from the refinancing.

5. Special requirements.
   1. A client who rents and qualifies for an allowance under section (3) of this rule must take the steps necessary to obtain subsidized housing under any federal or state housing program. A client who fails, at any time, to take the steps necessary to obtain subsidized housing reasonably available is ineligible for the allowance. A client, who has been denied or revoked from participation in any rent subsidy program based on the client's own actions is ineligible for benefits under this rule.

   2. A client who rents housing and refuses subsidized housing will no longer be eligible for an accommodation allowance, except that if the housing that is offered is not suitable, related to accommodations, and the client continues to have increased costs related to accommodations in the client's current living situation, the accommodation allowance may continue until such time as appropriate subsidized housing is found.

Stat. Auth.: ORS 411.060, 411.070, 414.042
Stats. Implemented: ORS 411.060, 411.070, 414.042

461-155-0660 Effective 10/01/04
Special Need; Shelter Exceptions

1. OSIP and OSIPM clients living in long-term care facilities, and GA and GAM clients, are not eligible for the standard shelter allowances. However, for OSIP and OSIPM clients who are receiving SSI or waivered services, allow a special shelter allowance in addition to the payment for care if all the following are true:
   1. The client enters a hospital, state psychiatric institution, nursing home, AFC, ALF, RCF or SLF.

   2. There is no other way for the client to maintain their rental property or home while they receive medical care.

   3. The agency-approved medical authority believes the client can be cared for in their home within six months.

   4. The Division service worker finds the client's property fits the needs for the client's home care.

   5. Arrangements for suitable home care are within agency standards.

2. If an exception is authorized for a client meeting the criteria in section (1) of this rule, allow actual costs for utilities and rent or mortgage costs.

3. Clients living in the community and receiving SSI or waivered services are eligible for a special payment above the standard shelter allowance based on the following criteria:
   1. Clients must provide evidence that the cost of their shelter, above the OSIP standard, is based on costs associated with accessibility by individuals with a disability.

   2. All clients, with the exception of clients with mortgage or home contract payments, must apply for HUD subsidized housing.

   3. Once a client has met the criteria in sections (3)(a) and (b) of this rule, they will receive a shelter exception based on the difference between the OSIP shelter standard and the HUD standard or actual costs, whichever is less, specific to the client's living situation. This special need will be authorized only for the period of time prior to gaining HUD housing.

   4. Clients who refuse HUD housing will no longer be eligible for a shelter exception, unless the housing that is offered is not suitable related to accessibility by individuals with a disability. Clients must also take all the necessary actions to be maintained as active on the HUD lists.

   5. Clients with mortgages or home contracts must meet the criteria of section (3)(a) of this rule. They will receive a shelter exception based on the difference between the OSIP shelter standard and one-and-one-half times the HUD standard or actual costs, whichever is less, specific to the client's living situation.

   6. Clients who are residing with their spouse, including clients receiving services through the Spousal Pay program, excluding minor dependent children, must meet the criteria in sections (3)(a) and (b) of this rule and must have their shelter exception based on half of the total monthly cost of the home.

   7. Clients requiring live-in attendants may be eligible for a shelter exception if the cost of their shelter is higher because of the need for the live-in attendant.

4. Costs associated with utilities may be added to the cost of rent or mortgage. Clients may use actual utility costs or they may use the OSIP utility standard in the calculation.

Stat. Auth.: ORS 411.060, 411.070, 414.042
Stats. Implemented: ORS 411.060, 411.070, 414.042

461-155-0660 Effective 10/01/00
Special Need; Shelter Exceptions

1. OSIP and OSIPM clients living in long-term care facilities, and GA and GAM clients, are not eligible for the standard shelter allowances. However, for OSIP and OSIPM clients who are receiving SSI or waivered services, allow a special shelter allowance in addition to the payment for care if all the following are true:
   1. The client enters a hospital, state psychiatric institution, nursing home, AFC, ALF, RCF or SLF.

   2. There is no other way for the client to maintain their rental property or home while they receive medical care.

   3. The agency-approved medical authority believes the client can be cared for in their home within six months.

   4. The Division service worker finds the client's property fits the needs for the client's home care.

   5. Arrangements for suitable home care are within agency standards.

2. If an exception is authorized for a client meeting the criteria in section (1) of this rule, allow actual costs for utilities and rent or mortgage costs.

3. Clients living in the community and receiving SSI or waivered services are eligible for a special payment above the standard shelter allowance based on the following criteria:
   1. Clients must provide evidence that the cost of their shelter, above the OSIP standard, is based on costs associated with accessibility and/or use by individuals with a disability.

   2. All clients, with the exception of clients with mortgage or home contract payments, must apply for HUD subsidized housing.

   3. Once a client has met the criteria in sections (3)(a) and (b) of this rule, they will receive a shelter exception based on the difference between the OSIP shelter standard and the HUD standard or actual costs, whichever is less, specific to the client's living situation. This special need will be authorized only for the period of time prior to gaining HUD housing.

   4. Clients who refuse HUD housing will no longer be eligible for a shelter exception, unless the housing that is offered is not suitable related to accessibility and/or use by individuals with a disability. Clients must also take all the necessary actions to be maintained as active on the HUD lists.

   5. Clients with mortgages or home contracts must meet the criteria of section (3)(a) of this rule. They will receive a shelter exception based on the difference between the OSIP shelter standard and one-and-one-half times the HUD standard or actual costs, whichever is less, specific to the client's living situation.

   6. Clients who are residing with their spouse, including clients receiving services through the Spousal Pay program, excluding minor dependent children, must meet the criteria in sections (3)(a) and (b) of this rule and must have their shelter exception based on half of the total monthly cost of the home.

   7. Clients requiring live-in attendants may be eligible for a shelter exception if the cost of their shelter is higher because of the need for the live-in attendant.

4. Costs associated with utilities may be added to the cost of rent or mortgage. Clients may use actual utility costs or they may use the OSIP utility standard in the calculation.

Stat. Auth.: ORS 411.060, 411.070, 414.042
Stats. Implemented: ORS 411.060, 411.070, 414.042

461-155-0660 Effective 7/1/99
Special Need; Shelter Exceptions

1. OSIP and OSIPM clients living in long-term care facilities, and GA and GAM clients, are not eligible for the standard shelter allowances. However, for OSIP and OSIPM clients who are receiving SSI or waivered services, allow a special shelter allowance in addition to the payment for care if all the following are true:
   1. The client enters a hospital, state psychiatric institution, nursing home, RCF, ALF, SLF.

   2. There is no other way for the client to maintain their rental property or home while they receive medical care.

   3. The agency-approved medical authority believes the client can be cared for in their home within six months.

   4. The Division service worker finds the client's property fits the needs for the client's home care.

   5. Arrangements for suitable home care are within agency standards.

2. If an exception is authorized for a client meeting the criteria in section (1) of this rule, allow actual costs for utilities and rent or mortgage costs.

3. Clients living in the community and receiving SSI or waivered services are eligible for a special payment above the standard shelter allowance based on the following criteria:
   1. Clients must provide evidence that the cost of their shelter, above the OSIP standard, is based on costs associated with accessibility and/or use by individuals with a disability.

   2. All clients, with the exception of clients with mortgage or home contract payments, must apply for HUD subsidized housing.

   3. Once a client has met the criteria in sections (3) (a) and (b) of this rule, they will receive a shelter exception based on the difference between the OSIP shelter standard and the HUD standard or actual costs, whichever is less, specific to the client's living situation. This special need will be authorized only for the period of time prior to gaining HUD housing.

   4. Clients who refuse HUD housing will no longer be eligible for a shelter exception, unless the housing that is offered is not suitable related to accessibility and/or use by individuals with a disability. Clients must also take all the necessary actions to be maintained as active on the HUD lists.

   5. Clients with mortgages or home contracts must meet the criteria of section (3) (a) of this rule. They will receive a shelter exception based on the difference between the OSIP shelter standard and one-and-one-half times the HUD standard or actual costs, whichever is less, specific to the client's living situation.

   6. Clients who are residing with their spouse, including clients receiving services through the Spousal Pay program, excluding minor dependent children, must meet the criteria in sections (3) (a) and (b) of this rule and must have their shelter exception based on half of the total monthly cost of the home.

   7. Clients requiring live-in attendants may be eligible for a shelter exception if the cost of their shelter is higher because of the need for the live-in attendant.

4. Costs associated with utilities may be added to the cost of rent or mortgage. Clients may use actual utility costs or they may use the OSIP utility standard in the calculation.

Stat. Auth.: ORS 411.060, 411.070, 414.042
Stats. Implemented: ORS 411.060, 411.070, 414.042