OAR 461-140-0020. Availability of Resources

(1) Except as provided in sections (2) to (4) of this rule: (a) In the Supplemental Nutrition Assistance Program (SNAP), a resource owned jointly by an individual and another person is available in its entirety to the individual. (b) In all other programs, jointly-owned resources are available to members of a financial group (see OAR 461-110-0530) only to the extent they own the resource. For the purposes of this rule, "liquid resources" means cash as well as other resources that can be converted to cash within 20 business days. (2) A resource is not available to an individual in each of the following situations: (a) The individual has a legal interest in the resource, but the resource is not in the individual's possession and the individual is unable to gain possession of it. In the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs, if a resource remains in the applicant's country of origin, it is not available. (b) The resource is jointly owned with others not in the financial group who are unwilling to sell their interest in the resource, and the individual's interest is not reasonably saleable. (c) The individual verifiably lacks the competence to gain access to or use the resource and there is no legal representative available to act on the individual's behalf. (d) The individual is a victim of domestic violence (see OAR 461-001-0000) and: (A) Attempting to use the resource would subject the individual to risk of domestic violence; or (B) The individual is using the resource to avoid the abusive situation. (e) Except as provided in OAR 461-145-0540, the resource is included in an irrevocable or restricted trust and may not be used to meet the basic monthly needs of the financial group. (f) In the Oregon Supplemental Income Program Medical (OSIPM) and Qualified Disabled and Working Individual (QDWI) programs, there is a legal bar to the sale of the resource. (3) A resource is not considered available during the time the owner does not know he or she owns the resource. (4) If a resource is subject to an early withdrawal penalty, the amount of the penalty is not available.