Or. Admin. Code § 461-165-0210 - Calculating Restored and Supplemental Benefits

(1) Supplemental and restorative benefits are calculated and paid as follows:

(a) The effective date of the lost benefits is determined.

(b) The benefit group (see OAR 461-110-0750) is not eligible for restored benefits in any month that eligibility for the benefits cannot be established. The benefit group has an opportunity to prove eligibility for any months in question.

(c) The correct benefits for the months in question are calculated.

(d) The amount the benefit group actually received is subtracted from the amount they should have received.

(e) The amount of restored benefits is offset against overdue or suspended overpayments.

(f) The group with the largest number of people who were in the benefit group at the time the loss occurred is entitled to the restorative payment. If the location of that group is unknown, the benefit is paid to the benefit group containing the primary person at the time the loss occurred.

(2) In the Supplemental Nutrition Assistance Program (SNAP), when an application for recertification is delayed beyond the first of the month of what would have been the new certification period due to the fault of the Department, causing prorated benefits, benefits lost due to the proration described in OAR 461-115-0450(10)(a) are issued from the date the certification period should have begun had the Department not erred and the individual been able to apply timely.

Notes

Or. Admin. Code § 461-165-0210

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; 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 44-2024, amend filed 06/27/2024, effective 7/1/2024

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049

Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049 & 7 CFR 273.14(e)(3)