Current through Register Vol. 61, No. 4, April 1, 2022
(1) The Department may waive enforcement of
any estate recovery claim if it finds that enforcing the claim would result in
an undue hardship to the beneficiaries, heirs, or family members of the
deceased client claiming entitlement to receive the assets of the deceased
In determining whether
an undue hardship exists, the Department may consider the following criteria:
(a) Whether enforcement of the claim would
cause the waiver applicant to become eligible for assistance; and
(b) Whether enforcement of the claim would
cause the waiver applicant, who would otherwise be eligible for assistance, to
Waiver of an estate recovery claim may include, but is not limited to, the
(a) Forgiveness of all or part of
the claim, or any other relief the Department deems fit; or
(b) Taking a mortgage or trust deed in lieu
of enforcement of the claim.
(4) No waiver will be granted if the
Department finds that the undue hardship was created by resort to estate
planning methods by which the waiver applicant or deceased client divested,
transferred or otherwise encumbered assets, in whole or in part, to avoid
(5) No waiver
will be granted if the Department finds that the undue hardship will not be
remedied by the grant of the waiver.
Or. Admin. R.
AFS 41-1995, f. 12-26-95,
cert. ef. 1-1-96; AFS 8-1999, f. 5-27-99, cert. ef. 6-1-99; AFS 13-2002, f.
& cert. ef. 10-1-02; SSP 37-2013, f. 12-31-13, cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS