(1) In the determination of eligibility and the amount of need with respect to a recipient or applicant of public assistance under ORS 411.706 and ORS chapter 414, the Department of Human Services may disregard such amounts of income and resources as are required by federal law or rules adopted pursuant thereto or as are authorized by the Legislative Assembly including the following:
(a) Any elderly rental assistance payments provided by ORS 310.635 or refunds in lieu of such relief shall be disregarded in determining eligibility and need.
(b) Any increase in the amount of assistance that is authorized by section 4, Public Law 93-233 (87 Stat. 953) and which is also being paid on March 5, 1974, shall be disregarded in determining eligibility and need.
(2) Any increase in the amount of assistance provided under Title XVI of the Social Security Act to meet changes in the cost of living that is an increase over that amount being paid on January 1, 1977, pursuant to an Act of Congress and which will first be paid after January 1, 1977, shall be disregarded in determining eligibility and need.
(3) When considering an application for public assistance, the department shall exempt from consideration as a resource up to $10,000 equity value of any licensed and unlicensed vehicles owned by the applicant or recipient.
(4) The department shall implement subsection (3) of this section statewide to the extent possible that is consistent with federal regulation to maintain state eligibility for federal participation in public assistance programs. In the event the department determines that this policy has a net fiscal cost to the state, the department shall present the fiscal analysis to the Emergency Board for additional funding or direction to modify or suspend the policy. [1974 c.17 §2; 1975 c.498 §1; 1977 c.841 §11; 1977 c.863 §1a; 1993 c.355 §1; 1997 c.170 §29; 1997 c.581 §9; 2005 c.381 §9]
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