Current through Register Vol. 61, No. 4, April 1, 2022
In addition to judicial process, the
Department may recover an overpayment (see OAR 461-195-0501
) through an agreed
repayment plan, reduction in benefits, voluntary payment from the client or
authorized representative (see OAR 461-115-0090
), and offset of the debt.
The Department reduces current
benefits to collect an overpayment only as follows:
In the GA and OSIP programs, the
Department may recover an overpayment by reducing cash benefit payments by the
lesser of the following:
(A) The total
(B) The total
benefit amount; or
(C) Ten percent
of the client's total benefit requirement at the standard of need.
In the REF, SFPSS, and TANF
programs, the Department:
half of the 50 percent earned income deduction described in OAR 461-160-0160
Reduces the benefit payment by
10 percent of the total benefit requirement of the benefit group (see OAR
) at the adjusted income payment standard. The reduced benefit
payment after such reduction, when combined with all other income may not be
less than 90 percent of the benefit group's adjusted income payment standard
for a family with no income. In the TANF program, the cooperation incentive
(see OAR 461-135-0210
) is not included in the calculations prescribed by this
SNAP program, unless the Department and the client agree to a repayment plan
and the filing group (see OAR 461-110-0370
) meets the terms of the plan, the
Department collects an overpayment from a liable member of a filing group
participating in the SNAP program by reducing the SNAP program benefit
allotment of the benefit group each month as follows:
For an overpayment caused by client error
(see OAR 461-195-0501
) or administrative error (see OAR 461-195-0501
percent of the group's monthly allotment or $10 a month, whichever is greater.
For an overpayment caused by
an IPV (see OAR 461-195-0601
), 20 percent of the group's monthly entitlement or
$20 a month, whichever is greater.
In the child care programs:
(a) The Department may not recover an
overpayment through reduction of a client's child care program benefits.
When a child care program
provider is liable for a child care overpayment (see OAR 461-195-0501
Department may recover the child care overpayment by reducing up to 100 percent
any future child care payment for which the provider bills the Department.
The Department may
recover an overpayment by offset as follows:
Using the collection services provided by
the Department of Revenue and any other state or federal agency to collect a
liquidated claim established by:
(A) A court
(B) A confession of
A document signed or
acknowledged by the debtor that acknowledges the debt, such as:
(i) The Department-designated form to
acknowledge an IPV.
(ii) A plea
(iii) Any other
document acknowledging the overpayment.
(D) A written notification of overpayment
from the Department to the debtor, advising the debtor of the basis and amount
of the overpayment and the right to request a hearing, if the debtor has
exhausted his or her rights of administrative appeal.
(E) A written communication from the debtor
acknowledging the debt.
(b) The amount of any retroactive payment or
restoration of lost benefits otherwise payable to the client, when the
retroactive payment corrects a prior underpayment of benefits in the program in
which the overpayment occurred.
(c) Through use of a warrant authorized by
ORS 411.703. Upon issuance of the
warrant, the Department may issue a notice of garnishment in accordance with
(d) In the SNAP program, by offsetting the
full amount of the overpayment against restored benefits owed to the benefit
group or to another benefit group that a liable member of the overpaid group
confession of judgment is used in the case of a client error (see OAR
) overpayment. The Department may not file a confession of judgment
while the client receives public assistance or medical assistance, and may file
one only if the client has refused to agree to or has defaulted on a repayment
(6) The Department may not
take collection action against a filing group while a member of the filing
group is working under a JOBS Plus agreement.
Or. Admin. R.
AFS 3-2000, f. 1-31-00,
cert. ef. 2-1-00; AFS 25-2001, f. & cert. ef. 11-1-01 thru 12-31-01; AFS
27-2001, f. 12-21-01, cert. ef. 1-1-02; SSP 8-2004, f. & cert. ef. 4-1-04;
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 14-2007, f.
12-31-07, cert. ef. 1-1-08; SSP 15-2007(Temp), f. 12-31-07, cert. ef. 1-1-08
thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 38-2009, f.
12-31-09, cert. ef. 1-1-10; SSP 37-2013, f. 12-31-13, cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS