1. (1) For the purposes of this rule:

   1. (a) “Gifts” are items given to or received by an individual on or for a special occasion, such as a holiday, birthday, graduation, or wedding. “Gifts” are not given or received on a regular basis.
   2. (b) “Winnings” are prizes given to an individual in a contest, game of chance, or similar event. “Winnings” in the form of money may be distributed in different payment frequencies, such as monthly, periodically (such as quarterly), or in a single payment.
2. (2) In all programs, gambling losses are not subtracted from gambling winnings (see section (1) of this rule) in determining the individual’s countable (see OAR 461-001-0000) income.

3. (3) In the OSIP, OSIPM, and QMB programs, except as provided otherwise in section (6) of this rule:

   1. (a) In-kind gifts and winnings are treated according to the rule applicable to the specific type of asset, except for, if an individual is offered a choice between an in-kind item and cash, the cash amount is considered unearned income, even if the individual chooses the in-kind item and regardless of the value, if any, of the in-kind item.
   2. (b) The value of gifts and winnings in the form of cash are treated in accordance with the rule applicable to the payment frequency: stable income under OAR 461-150-0070, variable income under OAR 461-150-0080, periodic income under OAR 461-140-0110, or lump-sum income under OAR 461-140-0120.
   3. (c) The value of a gift card or certificate is considered income in the month it is received if the gift card or certificate can be used to purchase food or shelter or can be resold.  There is a rebuttable presumption that the gift card can be resold.
   4. (d) Monetary gifts given for educational purposes are treated in accordance with OAR 461-145-0145.

4. (4) In the SNAP program, except as provided otherwise in section (6) of this rule,

   1. (a) A filing group immediately loses SNAP benefit eligibility due to lottery or gambling winnings when provisions of section (1) of OAR 461-140-0263 are met.
   2. (b) In-kind gifts and winnings are treated according to the rule applicable to the specific type of asset.
   3. (c) Gifts and winnings, except cash prizes from lottery or gambling subject to section (1) of OAR 461-140-0263, in the form of money or credit card company gift cards are treated in accordance with the rule applicable to the payment frequency: stable income under OAR 461-150-0070, variable income under OAR 461-150-0080, periodic income under OAR 461-140-0110, or lump-sum income under OAR 461-140-0120.
   4. (d) Establishment-specific gift cards are excluded from assets (see OAR 461-001-0000).

5. (5) In all programs except the OSIP, OSIPM, QMB, and SNAP programs and except as provided otherwise in section (6) of this rule:

   1. (a) In-kind gifts and winnings are treated according to the rule applicable to the specific type of asset.
   2. (b) Gifts and winnings in the form of money or credit card company gift cards are treated in accordance with the rule applicable to the payment frequency: stable income under OAR 461-150-0070, variable income under OAR 461-150-0080, periodic income under OAR 461-140-0110, or lump-sum income under OAR 461-140-0120.
   3. (c) Establishment-specific gift cards are excluded as income and not considered a resource.
6. (6) For employment-related gifts or winnings, see OAR 461-145-0130.

Statutory/Other Authority

ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085 & 414.619

Statutes/Other Implemented

411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, ORS 409.010 & 411.083

History

SSP 23-2026, minor correction filed 05/04/2026, effective 05/04/2026
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 4-2022, amend filed 01/27/2022, effective 02/18/2022
SSP 1-2022, temporary amend filed 01/01/2022, effective 01/01/2022 through 06/29/2022
SSP 41-2021, temporary amend filed 07/12/2021, effective 07/12/2021 through 12/31/2021
SSP 35-2021, temporary amend filed 06/29/2021, effective 07/05/2021 through 12/31/2021
SSP 15-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 22-2018, amend filed 06/05/2018, effective 07/01/2018
SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17
SSP 10-2007, f. & cert. ef. 10-1-07
AFS 9-1997, f. & cert. ef. 7-1-97
AFS 12-1993, f. & cert. ef. 7-1-93
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90