OAR 461-145-0400: Personal Injury Settlement

Edition: Current OARD snapshotEffective: 2023-07-01Last verified: 2026-09-07

(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).

Official history and status

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

This rule cites

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Official source: https://secure.sos.state.or.us/oard/