Or. Admin. R. 461-145-0400 - Personal Injury Settlement
(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).
Notes
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
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