General Financial Eligibility

(a) An available asset, either income or a resource, is categorized as either excluded or countable.

(b) Excluded assets are identified in the rules in this chapter and are not considered when an individual's eligibility and benefit level are determined.

(c) An available asset not specifically excluded is countable, and its value is used in determining the eligibility and benefit level of an individual.

(d) An asset may not be counted as a resource and as income in the same month.

(e) The treatment of a check is based on the source of the funds.

(f) If an asset is converted to other uses, the asset is treated under the other applicable rules.

(2) Resources

(a) Jointly-owned resources are available to members of a financial group only to the extent they own the resource. For the purposes of this section, “liquid resources” means cash as well as other resources that can be converted to cash within 20 business days.

(b) A resource is not available to an individual in the financial group in each of the following situations:

(A) The individual has a legal interest in the resource, but the resource is not in the individual’s possession and the individual is unable to gain possession of it.

(B) The resource is jointly owned with others not in the financial group who are unwilling to sell their interest in the resource, and the individual’s interest is not reasonably saleable.

(C) The individual verifiably lacks the competence to gain access to or use the resource and there is no legal representative available to act on the individual’s behalf.

(D) The individual is a victim of domestic violence and:

(i) Attempting to use the resource would subject the individual to risk of domestic violence; or

(ii) The individual is using the resource to avoid the abusive situation.

(c) A resource is not considered available during the time the owner does not know he or she owns the resource.

(d) If a resource is subject to an early withdraw penalty, the amount of the penalty is not available.

(3) Determining Availability of Income

(a) Income is considered available the date it is received or the date a individual in the financial group has a legal right to the payment and the legal ability to make it available, whichever is earlier, except as follows:

(A) Income usually paid monthly or on some other regular payment schedule is considered available on the regular payment date if the date of payment is changed because of a holiday or weekend.

(B) Income withheld or diverted at the request of an individual is considered available on the date the income would have been paid without the withholding or diversion.

(C) An advance or draw of earned income is considered available on the date it is received.

(D) Income that is averaged, annualized, converted, or prorated is considered available throughout the period for which the calculation applies.

(E) A payment due to a member of the financial group, but paid to a third party for a household expense, is considered available when the third party receives the payment.

(F) In prospective budgeting, income is considered available in the month the income is expected to be received.

(b) The following income is considered available even if not received:

(A) Deemed income.

(B) The portion of a payment from an assistance program, such as public assistance, unemployment compensation, or Social Security, withheld to repay an overpayment.

(c) The amount of income considered available is the gross before deductions, such as garnishments, taxes, or other payroll deductions including Flexible Spending Accounts (FSA), Medical Savings Accounts (MSA), Health Reimbursement Arrangements (HRA), and Health Savings Accounts (HSA).

(d) The following income is not considered available:

(A) Wages withheld by an employer in violation of the law.

(B) Income received by another individual who does not pay the individual their share.

(C) Income received by an individual in the financial group after the individual has left the household.

(D) Moneys withheld from or returned to the source of the income to repay an overpayment from that source unless the repayment is countable under subsection (3)(a) of this rule.

(E) For an individual who is not self-employed, income required to be expended on an ongoing, monthly basis on an expense necessary to produce the income, such as supplies or rental of work space.

(F) Income received by the financial group but intended and used for the care of an individual not in the financial group as follows:

(i) If the income is intended both for an individual in the financial group and an individual not in the financial group, the portion of the income intended for the care of the individual not in the financial group is considered unavailable.

(ii) If the portion intended for the care of the individual not in the financial group cannot readily be identified, the income is prorated evenly among the individuals for whom the income is intended. The prorated share intended for the care of the individual not in the financial group is then considered unavailable.

(G) Income controlled by the individual’s abuser if the individual is a survivor of domestic violence, the individual’s abuser controls the income and will not make the money available to the filing group, and the abuser is not in the individual’s filing group.

(4) Treatment of Excluded Assets

(a) Excluded income remains excluded so long as it is kept in a separate account and not commingled with other funds.

(b) Excluded income that is commingled in an account with funds not excluded remains excluded for six months from the date it is commingled, after which it is counted as a resource.

(5) Periodic income is averaged over the applicable period.

(6) Lump sum income is excluded.

(7) Income received from an illegal activity as defined in OAR 414-175-0002 is considered countable income.

(8) Individuals applying for ERDC are not required to make a good faith effort to obtain any asset to which the individual has a legal right or claim.

(9) Earned income is income received in exchange for an individual's physical or mental labor. Earned income includes all of the following:

(a) Compensation for services performed, including wages, salaries, commissions, tips, sick leave, vacation pay, draws, or the sale of blood or plasma.

(b) Income from on-the-job-training, paid job experience, and JOBS Plus work experience.

(c) In-kind income, when an individual is an employee of the person providing the in-kind income and the income is in exchange for work performed by the individual, or when received as compensation from self-employment.

(d) For self-employment, gross receipts and sales, including mileage reimbursements, before costs.

(e) Cafeteria plan benefits that an employee takes as cash, and funds placed in a Flexible Spending Account (FSA), Medical Savings Accounts (MSA), Health Reimbursement Arrangements (HRA), and Health Savings Accounts (HSA).

(f) Income from work-study.

(g) Income from profit sharing that the individual receives monthly or periodically.

(h) The fee for acting as an individual's representative payee, when that individual is not included in the filing group.

(i) The income a principal earns working for a corporation, unless the individual can be considered self-employed.