Page 1152

1152 Chapter 7:Worker guides • Section 7: OSIPM worker guides (07/2026) these numbers are). (f) Medicare and other private medical insurance premiums (as determined and verified by you). (g) Other incurred medical (as determined and verified by you). Monitor this as expenses get paid off. (h) Child support, alimony, and income taxes. (i) Irrevocable burial plan with a maximum value of $5,000. (j) Home maintenance in the very few cases where this is allowed (see the rule for details). (k) Patient Liability (not to exceed the cost of care). Note: You have the discretion to make the determination that this trust is within the OAR. For instance, if you can verify a medical cost of $200 and the trust has a medical cost of $500, you have the right to only allow $200 for the medical cost. Note: If there is a change in the individual’s income, the applicable standards, etc it is not necessary to involve an attorney. You should re-evaluate what is allowed and recalculate the individual liability accordingly. Be sure to send proper notice. The effective date for an income cap trust is the first day of the month in which the trust document is signed. 461- 180-0044. For an income cap trust to be effective, a trust account must be opened, and all the individual’s income assigned to the trust. Exceptions may be approved by local office leadership on a case-by-case basis if the individual or trustee experience barriers outside their control that are preventing them from setting up the account and funding the trust. The individual or trustee must make a good faith effort to set up the account and assign income to the trust within a reasonable timeframe. • Income Cap Trust process for staff • Income Cap Trust template for applicants • Income Cap Trust process for applicant or representative • Instructions to get Tax ID number on IRS website Trusts funded with income/resources of someone other than a financial group member Trusts funded with income/resources of a third party This is a type of trust that does not include the individual’s income/resources. It is often set up by a parent for the benefit of a child applicant.

This type of trust would be treated as an available resource to the individual unless the trust is irrevocable or restricted and cannot be used to meet the basic monthly needs of the financial group. OAR 461-140-0020(2)(e).

Here is an example of language that might indicate that the trust is restricted and therefore would not be considered an available resource:

“My son is disabled and is on public assistance. This trust is not for basic needs, but only for supplemental needs.”

If you have any questions about trusts, please contact APD Policy. If you contact Policy, please be able to discuss