Unless stated otherwise in another rule in this chapter of rules:

1. (1) In the OSIP, OSIPM, and QMB programs:

   1. (a) Excludable funds must be identifiable in order to be excluded. Identifiable does not require that excluded funds be kept physically apart from other funds.

   2. (b) In the OSIP and OSIPM programs:

      1. (A) There is a rebuttable presumption that when withdrawals are made from an account with commingled funds non-excluded funds are withdrawn first.
      2. (B) If excluded funds are withdrawn, the excluded funds left in the account may be added to only by deposits of subsequently received funds that are excluded under the same rule or another rule in this chapter of rules.

2. (2) In all programs except the OSIP, OSIPM, and QMB programs:

   1. (a) Excluded income remains excluded as long as it is kept in a separate account and not commingled with other funds.
   2. (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.

Statutory/Other Authority

ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685

Statutes/Other Implemented

ORS 329A.500, 409.010, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685

History

SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 5-2002, f. & cert. ef. 4-1-02
AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00
AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90