Current through Register Vol. 63, No. 9, September 1, 2024
(1) The effective date for restoring benefits
that were underpaid (including erroneous collections of overpayments) or denied
or closed in error is set as follows:
(a)
Except as provided in subsections (b) and (c) of this section, in all programs
except the SNAP program, for underpayments resulting from administrative error,
the effective date is the date the error was made.
(b) In all programs except as provided in
subsection (c) of this section, benefits may be restored only for the preceding
12 months.
(c) JPI benefits may be
restored only for the preceding four months and not to a date earlier than the
individual is eligible under OAR
461-135-1260.
(d) In all programs except the SNAP program,
for underpayments resulting from client error, the effective date is the
earliest of the following:
(A) The month the
benefit group (see OAR
461-110-0750) notifies the
branch office (see OAR
461-001-0000) of the possible
loss.
(B) The month the branch
office discovers the loss.
(C) The
date a hearing is requested.
(2) In the SNAP program, for underpayments
resulting from administrative error, benefits are restored for not more than
twelve months prior to whichever of the following occurs first:
(a) The date the benefit group notifies the
branch office of the possible loss.
(b) The date the branch office discovers the
loss.
(c) The date a hearing is
requested.
(3) In the
SNAP program, benefits are not restored for underpayments resulting from client
error.
(4) The effective date for
restoring benefits that have been suspended is:
(a) For individuals whose medical assistance
is suspended because they are a resident of a public institution, see OAR
461-135-0950(8).
(b) When subsection (a) of this section does
not apply:
(A) The first of the month after
the suspension, if suspension was for only one month; or
(B) The date the benefit group again becomes
eligible, if benefits have been suspended for more than 30 days. The Department
treats the month in which benefits are restored as an initial month (see OAR
461-001-0000).
Statutory/Other Authority: ORS
409.050,
411.060,
411.070,
411.404,
411.816,
412.014,
412.049 &
414.231
Statutes/Other Implemented: ORS
409.010,
411.060,
411.070,
411.404,
411.439,
411.816,
412.014,
412.049 &
414.231
