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522 (07/2026) Chapter 2:Eligibility • Section 10: Long-Term Care (LTC) services Individuals whose income is more than 300% of the SSI standard may use an Income Cap Trust (ICT) to meet the income limit for OSIPM because they give up direct access to and control of that income. When applying for LTC services, individuals should wait until after they have been assessed and meet service eligibility requirements to establish an ICT. However, discuss trust requirements with them as soon as possible so they are prepared and benefits aren’t delayed. If the applicant or their representative does not wish to or is unable to establish an ICT without an attorney, refer them to Legal Aid or elder law attorneys of their choice. If the applicant or their representative is able and wishes to establish the ICT without an attorney, see the APD worker guide on Understanding Trusts for more information on ICT requirements and how to assist the applicant. Note: Do not ever give legal advice. You may inform the individual what will satisfy program requirements only. Other resources Income Cap Trust *includes screenshots: Explains when Income Cap Trusts are used and when the Income Cap Trust Screen is queued Availability of income For an incapacitated individual with no financial representative, who is determined eligible for long-term care services, income may be excluded for up to three months while a financial representative is being established if an income exclusion is necessary to secure placement. The exclusion applies only to inaccessible income. APD Medicaid policy approval is required before allowing this exclusion or any extension. Couple with an institutionalized spouse This applies to an institutionalized spouse who began a continuous period of care on or after October 1, 1989. Determine the ownership of income from property that belongs to the institutionalized or community spouse as follows, unless legal documents specifically provide otherwise: • If the payment is made solely to the institutionalized spouse or the community spouse, the income is available only to that spouse. • If the payment is made to both the institutionalized and the community spouse, one-half of the income is available to each. • If the payment is made to one spouse and another person, or to both spouses and another person, the income available to each spouse is whatever their share of the income is. If the payment is made to both spouses and another person and it is not clear what each spouse’s share of the income is, each spouse’s share will be one-half of the couple’s portion of the payment. • If the institutionalized spouse can prove that the ownership of income is other than provided above, allow that amount. Oregon Administrative Rule(s) 461-135-0750 — Individuals Applying for or Receiving Long-Term Care or Home and Community-Based Care 461-140-0040 — Determining Availability of Income