Adjustments to the Disqualification for Asset Transfer

(1) The disqualification imposed under OAR 461-140-0260 is not adjusted once applied in the Supplemental Nutrition Assistance Program (SNAP).

(2) In all other programs, the disqualification is voided if the transfer that caused the disqualification is rescinded. The duration of the disqualification is recalculated if the terms of the transfer are modified. Returned assets are included in the eligiblity determination for any previous period during which benefits were denied.

(3) For nursing facility services, home and community-based care

(see OAR 461-001-0030), and Refugee Assistance Medical (REFM), the Department may waive the disqualification if the disqualification would create an undue hardship on the individual. For purposes of this section, the disqualification would create an undue hardship if the requirements of subsections (a) and (b) of this section are met: