1. (1) Except in the Supplemental Nutrition Assistance Program (SNAP), all energy assistance payments or allowances made under any federal, state, or local law are excluded as income and as a resource.

2. (2) In the SNAP program an energy assistance payment (see OAR 461-001-0015) or weatherization assistance payment (see OAR 461-001-0015) provided under state law is treated as follows:

   1. (a) Excluded as income and a resource when the filing group (see OAR 461-110-0370) includes an individual who meets the SNAP definition of disabled (see OAR 461-001-0015) or elderly (see OAR 461-001-0015).

   2. (b) When the filing group does not include an individual who meets the SNAP definition of disabled or elderly:

      1. (A) A one-time payment or other payment that is lump sum income (see 461-001-0000) is treated in accordance with OAR 461-140-0120.
      2. (B) Ongoing payments are countable as unearned income.
3. (3) In the SNAP program an energy assistance payment or weatherization assistance payment provided under federal law is excluded as income and a resource.

4. (4) SNAP eligibility provisions in sections (2) and (3) of this rule implement section 10103 of Pub. L. 119-21, 139 Stat. 72 (2025), and are applied to existing SNAP cases as follows:

   1. (a) For a benefit group whose SNAP eligibility is based on an application with a filing date (see OAR 461-115-0040) of July 4, 2025, or after, the Department shall redetermine SNAP eligibility to apply the provisions of this rule.
   2. (b) For a benefit group whose SNAP eligibility is based on an application with a filing date before July 4, 2025, the Department shall apply the provisions of this rule when SNAP eligibility is redetermined for any reason.
5. (5) See former OAR 461-135-0665 for SNAP eligibility provisions and effective dates that implement section 10103 of Pub. L. 119-21, 139 Stat. 72 (2025) in this rule for the time period October 1, 2025, through March 18, 2026.

Statutory/Other Authority

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

Statutes/Other Implemented

ORS 412.014, 412.049, 7 CFR 273.9, ORS 329A.500, 409.010, 411.060, 411.404 & 411.816

History

SSP 29-2026, amend filed 06/29/2026, effective 07/01/2026
SSP 21-2026, temporary amend filed 03/19/2026, effective 03/19/2026 through 09/14/2026
SSP 35-2018, amend filed 12/04/2018, effective 01/01/2019
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 10-2002, f. & cert. ef. 7-1-02
AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97
AFS 32-1996(Temp), f. & cert. ef. 9-23-96
AFS 19-1993, f. & cert. ef. 10-1-93
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90