OAR 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).