Or. Admin. Code § 461-165-0200 - Restoring Benefits

(1) An individual is entitled to a supplemental payment of benefits for the current month or restoration of benefits lost in a previous month if the individual received a lower benefit than he or she was entitled to for the reasons given in this rule. An individual may receive a restoration of lost benefits even if no longer eligible.

(2) An individual may receive a supplemental payment if there was a change in the individual's circumstances that would cause an increase in benefits, if the report of change was made before the first day of the payment month but too late for the Department to adjust the next payment.

(3) An individual may receive a supplemental or restorative benefit if the Department caused an administrative underpayment. An administrative underpayment includes, but is not limited to, an underpayment caused by any of the following:

(a) Failure to take action on information reported to the Department.

(b) Use of an incorrect effective date.

(c) Denial, closure or reduction of benefits in error.

(d) Failure to send the individual a required decision notice (see OAR 461-001-0000) when benefits are closed or reduced.

(e) Making a calculation error.

(4) An individual is entitled to a restoration of lost benefits if:

(a) The restoration results from a final order in a contested case.

(b) The Department withheld too much of the individual's grant in the collection of an overpayment.

(c) The restoration results from a court order.

(d) After receiving proper notification, the Department failed to cancel the EBT card of an individual leaving a SNAP program household and that individual continues to access the household's SNAP program benefits in subsequent months.

(5) Restored benefits are added to the benefits of a currently eligible individual. In the SNAP program, the Department will honor a reasonable request by an individual to restore benefits in monthly installments.

(6) An individual who moves from Oregon remains eligible for a restoration of benefits.

(7) Restoration of benefits is limited to the extent provided in OAR 461-180-0130.

Notes

Or. Admin. Code § 461-165-0200

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 6-1994, f. & cert. ef. 4-1-94; AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97; AFS 10-2002, f. & cert. ef. 7-1-02; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 5-2010, f. & cert. ef. 4-1-10; SSP 8-2019, amend filed 03/13/2019, effective 4/1/2019

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

Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049 & 329A.500