OAR 461-145-0470: Shelter-in-Kind Income

(1) Except as provided in section (2) of this rule: (a) In the GA program, for the purposes of determining the housing assistance payment (see OAR 461-160-0500), shelter-in-kind in the form of rent or other housing costs paid by a third party is counted as income. (b) In the REF, REFM, and TANF programs, except for child support (see OAR 461-145-0080 and 461-145-0280), shelter-in-kind payments are excluded. (c) In the SNAP program, shelter-in-kind housing and utility payments are excluded (see OAR 461-145-0130 about exclusion of earned in-kind income), except an expenditure by a business entity for shelter costs (see OAR 461-001-0000) of a principal (see OAR 461-145-0088) is counted as income. (d) In the OSIP, OSIPM, and QMB programs: (A) Unearned shelter-in-kind , including payments made to a third party for shelter expenses of the financial group (see OAR 461-110-0530), is excluded. (B) Earned shelter-in-kind income is treated as follows: (i) If shelter is provided on the employer’s business premises, living at that location is a reasonable expectation of the job duties, and acceptance of the shelter is a condition of employment with no option to accept the value of the shelter in money , the shelter-in-kind income is excluded. (ii) Except as provided in subparagraph (i) of this paragraph, the fair market value (see OAR 461-001-0000) of the shelter or the amount of any payment made to a third party for shelter expenses of the financial group is counted as earned income. (2) In all programs except the OSIP, OSIPM, and QMB programs, a payment for which there is a legal obligation to pay to a member of the financial group (see OAR 461-110-0530) that is made to a third party for shelter expenses of a member of the financial group is counted as unearned income.