Or. Admin. Code § 461-196-0150 - Restoration of Lost Benefits; SEBT
(1) An
individual is entitled to a restoration of lost benefits if:
(a) The loss was caused by an error by the
Department (see OAR
461-196-0020), including an
action to restore any benefits that were lost, or the failure to issue due to
agency error; or
(b) An
administrative disqualification for intentional program
violation (see OAR
461-195-0601) was subsequently
reversed.
(2) Benefits
shall be restored for not more than twelve months prior to whichever of the
following occurred first:
(a) The date the
Department receives a request for restoration from the
filing group (see OAR
461-196-0020); or
(b) The date the
Department
is notified or otherwise discovers that a loss to a
filing
group has occurred.
(3) The
Department must
restore benefits found to have been wrongfully withheld through judicial
action.
(a) If the judicial action is the
filing group 's first attempt to regain lost benefits, the
benefits must be restored for not more than twelve months from the date the
court action began.
(b) When the
judicial action involves reviewing the
Department 's action,
benefits must be restored not more than twelve months from:
(A) The date the agency receives a
restoration request.
(B) If no
request is made, the date the hearing action is initiated.
(C) Never exceeding one year from when the
agency is informed of or discovers the loss.
(D) Benefits must be restored even if the
child is currently ineligible.
(4) The
Department must
restore any lost benefits to a
filing group by issuing an
allotment equal to the amount of benefits that were lost, irrespective of the
filing group 's current eligibility status. This restored
amount will be issued in addition to the regular allotment entitled to the
eligible
filing group .
(5) Individuals disqualified for
intentional program violation are entitled to restoration of
any benefits lost during the months that they were disqualified, not to exceed
twelve months prior to the date of
Department notification,
only if the decision which resulted in disqualification is subsequently
reversed.
Notes
Statutory/Other Authority: 411.060
Statutes/Other Implemented: 411.060
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(1) An individual is entitled to a restoration of lost benefits if:
(a) The loss was caused an error by the Department (see OAR 461-196-0020), including an action to restore any benefits that were lost, or the failure to issue due to agency error; or
(b) An administrative disqualification for intentional program violation was subsequently reversed.
(2) Benefits shall be restored for not more than twelve months prior to whichever of the following occurred first:
(a) The date the Department receives a request for restoration from the filing group (see OAR 461-196-0020); or
(b) The date the Department is notified or otherwise discovers that a loss to a filing group has occurred.
(3) The Department must restore benefits found to have been wrongfully withheld through judicial action.
(a) If the judicial action is the filing group's first attempt to regain lost benefits, the benefits must be restored for not more than twelve months from the date the court action began.
(b) When the judicial action involves reviewing the Department 's action, benefits must be restored not more than twelve months from:
(A) The date the agency receives a restoration request.
(B) If no request is made, the date the hearing action is initiated.
(C) Never exceeding one year from when the agency is informed of or discovers the loss.
(D) Benefits must be restored even if the child is currently ineligible.
(4) The Department must restore any lost benefits to a filing group by issuing an allotment equal to the amount of benefits that were lost, irrespective of the filing group's current eligibility status. This restored amount will be issued in addition to the regular allotment entitled to the eligible filing group.
(5) Individuals disqualified for intentional program violation (see OAR 461-195-0601) are entitled to restoration of any benefits lost during the months that they were disqualified, not to exceed twelve months prior to the date of Department notification, only if the decision which resulted in disqualification is subsequently reversed.
Notes
Statutory/Other Authority: 411.060
Statutes/Other Implemented: 411.060