(1) For all programs, personal injury settlements are treated as follows:
- (a) Monthly payments are counted as unearned income.
- (b) For individuals in all programs; except individuals eligible for OSIP and OSIPM programs under OAR 461-125-0330(2), 461-125-0370(1)(b), and 461-135-0771; all other payments are counted as periodic or lump-sum income (see OAR 461-140-0110 and 461-140-0120).
- (c) For individuals eligible for OSIP and OSIPM under OAR 461-125-0330(2), 461-125-0370(1)(b), and 461-135-0771; the balance from personal injury claims after the Department's lien is satisfied is counted as lump-sum income (see OAR 461-140-0120). If the lien was not filed due to the recipient's failure to notify the Department of the claim, the payment is counted as unearned income.
- (2) This rule does not apply to workers compensation payments (see OAR 461-145-0590 for the treatment of those payments).
Statutory/Other Authority
ORS 411.060, 411.730, 411.816 & 412.049
Statutes/Other Implemented
ORS 411.060, 411.730, 411.816, 412.049 & ORS 411.083
History
SSP 17-2023, amend filed 06/14/2023, effective 07/01/2023
SSP 72-2021, minor correction filed 12/15/2021, effective 12/15/2021
SSP 10-2007, f. & cert. ef. 10-1-07
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