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401 (07/2026) Chapter 2:Eligibility • Section 5: Financial eligibility the income from each is determined separately. (B) Except as provided in OAR 461-145-0250(1), an individual is self-employed for the purposes of this division of rules if the individual meets the requirements of one or more of (a), (b), or (c): • Files taxes as self-employed for their business on their personal taxes • Is considered an independent contractor by the business • Meets all the following criteria: • Individual is not required by the business to complete an IRS W-4 form. • Individual is not required to pay federal income tax or FICA payments from their paycheck(s). • Liability or worker’s compensation insurance for the individual is not paid by the business. • The individual meets at least one of the following:
• Creates or provides the products or services they sell, or
• Sets the price for the products or services they sell. • Individual is responsible for the business expense and losses. • Individual receives profits from the business. (C) Notwithstanding section (2) of this rule: • Homecare workers (see OAR 411-031-0020) paid by ODHS are not self-employed. • Child care providers (see OAR 414-175-0080) paid through the ERDC program; adult foster home providers (see OAR 411-050-0602) paid by ODHS; realty agents; and individuals who sell plasma, redeem beverage containers, forage items for sale (mushrooms for example), or engage in similar enterprises are considered self-employed. (D) In the REF, SNAP and TANF programs, self-employment income is counted prospectively to determine eligibility (see OAR 461-001-0000) as follows: • Self-employment income is annualized when it is: • Received during less than a 12-month period but is intended as a full year’s income, or • From a business that has operated for a full year and the previous year is representative of what the income and costs will be during the budget month. • Self-employment income is treated as anticipated income when a financial group (see OAR 461- 110-0530) begins self-employment and is unable to determine what the income and costs will be during the budget month. (E) In the REFM program: