461-165-0200    Effective 04/01/10
Restoring Benefits

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

  2. A client may receive a supplemental payment if there was a change in the client'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. A client 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 the following:

    1. Failure to take action on information reported to the Department.

    2. Use of an incorrect effective date.

    3. Denial, closure or reduction of benefits in error and a failure to send the client a required notice of proposed action.

    4. Making a calculation error.

  4. A client is entitled to a restoration of lost benefits if:

    1. The restoration results from a final order in a contested case.

    2. The Department withheld too much of the client's grant in the collection of an overpayment.

    3. The restoration results from a court order.

    4. 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 client. In the SNAP program, the Department will honor a reasonable request by a client to restore benefits in monthly installments.

  6. A client 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.

Stat. Auth.: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049
Stats. Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049

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