461-195-0551 Effective 09/25/12 - Technical Amendment
Methods of Recovering Overpayments
- In addition to judicial process, the Department may recover an overpayment (see OAR 461-195-0501) through an agreed repayment plan, reduction in benefits, voluntary payment from the client or authorized representative (see OAR 461-115-0090), and offset of the debt.
- The Department reduces current benefits to collect an overpayment only as follows:
- In the GA and OSIP programs, the Department may recover an overpayment by reducing cash benefit payments by the lesser of the following:
- The total overpayment amount;
- The total benefit amount; or
- Ten percent of the client's total benefit requirement at the standard of need.
- In the REF, SFPSS, and TANF programs, the Department:
- Allows only half of the 50 percent earned income deduction described in OAR 461-160-0160.
- Reduces the benefit payment by 10 percent of the total benefit requirement of the benefit group (see OAR 461-110-0750) at the adjusted income payment standard. The reduced benefit payment after such reduction, when combined with all other income may not be less than 90 percent of the benefit group's adjusted income payment standard for a family with no income. In the TANF program, the cooperation incentive (see OAR 461-135-0210) is not included in the calculations prescribed by this paragraph.
- In the SNAP program, unless the Department and the client agree to a repayment plan and the filing group (see OAR 461-110-0370) meets the terms of the plan, the Department collects an overpayment from a liable member of a filing group participating in the SNAP program by reducing the SNAP program benefit allotment of the benefit group each month as follows:
- For an overpayment caused by client error (see OAR 461-195-0501) or administrative error (see OAR 461-195-0501), 10 percent of the group's monthly allotment or $10 a month, whichever is greater.
- For an overpayment caused by an IPV (see OAR 461-195-0601), 20 percent of the group's monthly entitlement or $20 a month, whichever is greater.
- In the child care programs:
- The Department may not recover an overpayment through reduction of a client's child care program benefits.
- When a child care program provider is liable for a child care overpayment (see OAR 461-195-0501) the Department may recover the child care overpayment by reducing up to 100 percent any future child care payment for which the provider bills the Department.
- The Department may recover an overpayment by offset as follows:
- Using the collection services provided by the Department of Revenue and any other state or federal agency to collect a liquidated claim established by:
- A court judgment.
- A confession of judgment.
- A document signed or acknowledged by the debtor that acknowledges the debt, such as:
- The Department-designated form to acknowledge an IPV.
- A plea‑bargain agreement.
- Any other document acknowledging the overpayment.
- A written notification of overpayment from the Department to the debtor, advising the debtor of the basis and amount of the overpayment and the right to request a hearing, if the debtor has exhausted his or her rights of administrative appeal.
- A written communication from the debtor acknowledging the debt.
- The amount of any retroactive payment or restoration of lost benefits otherwise payable to the client, when the retroactive payment corrects a prior underpayment of benefits in the program in which the overpayment occurred.
- Through use of a warrant authorized by ORS 411.703. Upon issuance of the warrant, the Department may issue a notice of garnishment in accordance with ORS 18.854.
- In the SNAP program, by offsetting the full amount of the overpayment against restored benefits owed to the benefit group or to another benefit group that a liable member of the overpaid group has joined.
- A confession of judgment is used in the case of a client error (see OAR 461-195-0501) overpayment. The Department may not file a confession of judgment while the client receives public assistance and may file one only if the client has refused to agree to or has defaulted on a repayment plan.
- The Department may not take collection action against a filing group while a member of the filing group is working under a JOBS Plus agreement.
Stat. Auth.: ORS 411.060, 411.660, 411.816, 412.049
Stats. Implemented: ORS 18.854, 18.900, 411.630, 411.635, 411.660, 411.703, 411.816, 412.049, 416.350