Or. Admin. Code § 461-145-0000

Current through Register Vol. 63, No. 12, December 1, 2024

Section 461-145-0000 - Achieving a Better Life Experience (ABLE) Act

(1) In all programs, funds held in ABLE Act accounts are excluded as resources.

(2) In all programs except the OSIP, OSIPM, and QMB programs, monies withdrawn from ABLE Act accounts are excluded as income if they are used for Qualified Disability Expenses. For purposes of this rule, "Qualified Disability Expenses" include, but are not limited to, the following:

(a) Education;

(b) Housing;

(c) Transportation;

(d) Employment training and support;

(e) Assistive technology and personal support services;

(f) Health;

(g) Prevention and wellness;

(h) Financial management and administrative services;

(i) Legal fees;

(j) Expenses for oversight and monitoring; and

(k) Funeral and burial expenses.

(3) In all programs except the OSIP, OSIPM, and QMB programs, funds withdrawn from ABLE Act accounts for purposes other than Qualified Disability Expenses (see section (2) of this rule) are counted as unearned income.

(4) In the OSIP, OSIPM, and QMB programs, funds withdrawn from ABLE Act accounts for any purpose are excluded as income.

Or. Admin. Code § 461-145-0000

SSP 43-2016, f. 12-7-16, cert. ef. 12/28/2016; SSP 22-2018, amend filed 06/05/2018, effective 7/1/2018

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.083, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685

Statutes/Other Implemented: ORS 178.375, 178.380, 329A.500, 409.010, 411.060, 411.070, 411.083, 411.404, 411.816, 412.014, 412.049, 414.685 & Section 103 of Public Law 113-295