Or. Admin. R. 461-120-0330
Requirement to Pursue Assets
Effective Jan 6, 2026ORS 409.050, 411.060, 411.070, 411.087, 411.404, 411.706, 411.816, 412.006, 412.014, 412.024, 412.049, 412.124, 413.085, 414.231 & 414.619 | Statutes/Other Implemented: 411.060, 411.070, 411.087, 411.404, 411.706, 411.816, 412.006, 412.014, 412.024, 412.049, 412.124, ORS 409.010, 414.231 & 45 CFR 400Department of Human Services
(1) For all programs except Medicare Savings Programs (see OAR 461-001-0000), Oregon Supplemental Income Program Medical (OSIPM), Refugee Assistance Medical (REFM) and Supplemental Nutrition Assistance Program (SNAP), an individual must make a good faith effort to obtain any asset (other than support and medical coverage, which are covered in OAR 461-120-0340 and 461-120-0345, respectively) to which the individual has a legal right or claim, except as follows:
- (a) A parent (see OAR 461-001-0000) or caretaker relative (see OAR 461-001-0000) who is exempt from participation in the Job Opportunity and Basic Skills (JOBS) program is not required to apply for unemployment insurance benefits.
- (b) Except as specified by law, an individual applying for or receiving any program benefits from the Department is not required to apply for other programs it administers or for supplemental security income (SSI).
- (c) An individual applying for the Emergency Assistance (EA) program is required to pursue, obtain, and use an asset only if the asset can be made available in time to meet the emergent need.
- (d) An individual is not required to borrow money.
- (e) An individual is not required to make a good faith effort to obtain any asset if the individual can show good cause for not doing so. Good cause means a circumstance beyond the ability of the individual to control.
- (f) In the Refugee Assistance (REF) program, an individual is not required to pursue assets that remain in their country of origin.
- (g) An individual is not required to make a good faith effort to obtain an asset if it will put the individual at further risk of current or future domestic violence (see OAR 461-001-0000).
(2) For all programs except Medicare Savings Programs, OSIPM, REFM and SNAP:
- (a) The effect of failing to comply with this rule is that everyone in the filing group is ineligible. In addition, when a REF, State Family Pre-SSI/SSDI (SFPSS), or Temporary Assistance for Needy Families (TANF) program payment ends due to the penalty described in this subsection, eligibility for and the level of SNAP benefits are determined as if the individual were receiving benefits without the effects of this rule.
- (b) The penalty provided by subsection (2)(a) of this rule is effective until all members of the filing group comply with the requirements of section (1) of this rule.
- (3) For Medicare Savings Programs, OSIPM, and REFM programs, individuals are not subject to the requirements of this rule as of June 3, 2025.
Statutory/Other Authority
ORS 409.050, 411.060, 411.070, 411.087, 411.404, 411.706, 411.816, 412.006, 412.014, 412.024, 412.049, 412.124, 413.085, 414.231 & 414.619
Statutes/Other Implemented
411.060, 411.070, 411.087, 411.404, 411.706, 411.816, 412.006, 412.014, 412.024, 412.049, 412.124, ORS 409.010, 414.231 & 45 CFR 400
History
SSP 2-2026, minor correction filed 01/06/2026, effective 01/06/2026
SSP 21-2025, amend filed 09/29/2025, effective 10/01/2025
SSP 14-2025, temporary amend filed 07/10/2025, effective 07/10/2025 through 12/29/2025
SSP 11-2025, amend filed 06/23/2025, effective 07/01/2025
SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023
SSP 33-2021, amend filed 06/22/2021, effective 07/01/2021
SSP 29-2021, temporary amend filed 03/29/2021, effective 03/29/2021 through 09/24/2021
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018
SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 8-2017, f. 3-17-17, cert. ef. 4-1-17
SSP 24-2016, f. 6-29-16, cert. ef. 7-1-16
SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 17-2004, f. & cert. ef. 7-1-04
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 17-1998, f. & cert. ef. 10-1-98
AFS 30-1996, f. & cert. ef. 9-23-96
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90