OAR 461-160-0600: Availability of Income; Couple with an Institutionalized Spouse

This rule applies to an OSIP or OSIPM institutionalized spouse who began a continuous period of care on or after October 1, 1989. (1) Do not deem any of the community spouse's income available to the institutionalized spouse at any time during the institutionalized spouse's continuous period of care. (2) Determine the ownership of income from property that belongs to the institutionalized or community spouse as follows, unless legal documents specifically provide otherwise: (a) If the payment is made solely to the institutionalized spouse or the community spouse, the income is available only to that spouse. (b) If the payment is made to both the institutionalized and the community spouse, one-half of the income is available to each. (c) If the payment is made to one spouse and another person, or to both spouses and another person, the income available to each spouse is whatever their share of the income is. If the payment is made to both spouses and another person, and it is not clear what each spouse's share of the income is, each spouse's share will be one-half of the couple's portion of the payment. (d) If the institutionalized spouse can prove that the ownership of income is other than provided above, allow that amount.