Previous Rules

461-195-0551    Effective 01/01/10
Methods of Recovering Overpayments

1. 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.

2. The Department reduces current benefits to collect an overpayment only as follows:
   1. In the GA and OSIP programs, the Department may recover an overpayment by reducing cash benefit payments by the lesser of the following:
      1. The total overpayment amount;

      2. The total benefit amount; or

      3. Ten percent of the client's total benefit requirement at the standard of need.

   2. In the REF, SFPSS, and TANF programs, the Department:
      1. Allows only half of the 50 percent earned income deduction described in OAR 461-160-0160.

      2. 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.

   3. 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:
      1. 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.

      2. 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.

3. In the child care programs:
   1. The Department may not recover an overpayment through reduction of a client's child care program benefits.

   2. 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.

4. The Department may recover an overpayment by offset as follows:
   1. Using the collection services provided by the Department of Revenue and any other state or federal agency to collect a liquidated claim established by:
      1. A court judgment.

      2. A confession of judgment.

      3. A document signed or acknowledged by the debtor that acknowledges the debt, such as:
         1. The Department-designated form to acknowledge an IPV.

         2. A plea‑bargain agreement.

         3. Any other document acknowledging the overpayment.

      4. 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.

      5. A written communication from the debtor acknowledging the debt.

   2. 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.

   3. 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.

   4. 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.

5. 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.

6. 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

461-195-0551    Effective 03/01/08
Methods of Recovering Overpayments

1. For all programs, in addition to judicial process, the Department may recover overpayments through an agreed repayment plan, reduction in benefits, voluntary payment from the client, and offset of the debt. In medical programs, benefits are reduced to collect an overpayment only in the GAM program, and only non-medical benefits are reduced.

2. The Department reduces current benefits to collect an overpayment only as follows:
   1. In the Food Stamp 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 filing group participating in the Food Stamp program by reducing the food stamp allotment of the benefit group (see OAR 461-110-0750) each month as follows:
      1. 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.

      2. For an overpayment caused by conduct that constituted an IPV (see OAR 461-195-0601), 20 percent of the group's monthly entitlement or $20 a month, whichever is greater.

   2. In the GA, GAM, and OSIP programs, the Department may recover an overpayment by reducing cash benefit payments by the lesser of the following:
      1. The total overpayment amount.

      2. The total benefit amount.

      3. 10 percent of the client's total benefit requirement at the standard of need.

   3. For overpayments in the REF, SFPSS, and TANF programs, the Department:
      1. Allows only half of the 50 percent earned income deduction described in OAR 461-160-0160.

      2. Reduces the benefit payment for REF, SFPSS, and TANF, in an amount equal to 10 percent of the total benefit requirement of the benefit group at the full standard of need. The benefit payment after such reduction, when combined with all other income (before allowing the 50 percent earned income deduction), must be sufficient to provide the benefit group with 90 percent of the 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.

3. For overpayment of child care benefits, the Department may not recover an overpayment through reduction of a client's child care benefits.

4. The Department may recover an overpayment by offset as follows:
   1. For all programs, the Department uses the collection services provided by the Department of Revenue and any other state or federal agency to collect a liquidated claim established by:
      1. A court judgment.

      2. A confession of judgment.

      3. A document signed or acknowledged by the debtor that acknowledges the debt, such as:
         1. The Department-designated form to acknowledge an IPV.

         2. A plea-bargain agreement.

         3. Any other document acknowledging the overpayment.

      4. 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.

      5. A written communication from the debtor acknowledging the debt.

   2. In cases that have both an underpayment and an overpayment in the same program, the Department offsets one against the other.

   3. 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.

   4. By offsetting the full amount of the overpayment against restored benefits owed to the benefit group or to another FS benefit group that a liable member of the overpaid group has joined.

   5. Through use of a warrant authorized by ORS 18.900 or 411.703. Upon issuance of the warrant, the Department may issue a notice of garnishment in accordance with ORS 18.854.

5. A confession of judgment is used in the case of a client error 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.

6. The Department may not take collection action against a filing group while a member of the group is working under a JOBS Plus agreement.

Stat. Auth.: ORS 411.060, 411.660, 411.816, 418.100, 2007 Or. Laws ch. 861
Stats. Implemented: ORS 18.854, 18.900, 411.630, 411.635, 411.660, 411.703, 411.816, 418.100, 2007 Or. Laws ch. 861

461-195-0551    Temporary Effective 01/01/08 through 02/29/08
Methods of Recovering Overpayments

1. For all programs, in addition to judicial process, the Department may recover overpayments through an agreed repayment plan, reduction in benefits, voluntary payment from the client, and offset of the debt. In medical programs, benefits are reduced to collect an overpayment only in the GAM program, and only non-medical benefits are reduced.

2. The Department reduces current benefits to collect an overpayment only as follows:
   1. In the Food Stamp 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 filing group participating in the Food Stamp program by reducing the food stamp allotment of the benefit group (see OAR 461-110-0750) each month as follows:
      1. 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.

      2. For an overpayment caused by conduct that constituted an IPV (see OAR 461-195-0601), 20 percent of the group's monthly entitlement or $20 a month, whichever is greater.

   2. In the GA, GAM, and OSIP programs, the Department may recover an overpayment by reducing cash benefit payments by the lesser of the following:
      1. The total overpayment amount.

      2. The total benefit amount.

      3. 10 percent of the client's total benefit requirement at the standard of need.

   3. For overpayments in the REF, SFPSS, and TANF programs, the Department:
      1. Allows only half of the 50 percent earned income deduction described in OAR 461-160-0160.

      2. Reduces the benefit payment for REF, SFPSS, and TANF, in an amount equal to 10 percent of the total benefit requirement of the benefit group at the full standard of need. The benefit payment after such reduction, when combined with all other income (before allowing the 50 percent earned income deduction), must be sufficient to provide the benefit group with 90 percent of the 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.

3. For overpayment of child care benefits, the Department may not recover an overpayment through reduction of a client's child care benefits.

4. The Department may recover an overpayment by offset as follows:
   1. For all programs, the Department uses the collection services provided by the Department of Revenue and any other state or federal agency to collect a liquidated claim established by:
      1. A court judgment.

      2. A confession of judgment.

      3. A document signed or acknowledged by the debtor that acknowledges the debt, such as:
         1. The Department-designated form to acknowledge an IPV.

         2. A plea-bargain agreement.

         3. Any other document acknowledging the overpayment.

      4. 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.

      5. A written communication from the debtor acknowledging the debt.

   2. In cases that have both an underpayment and an overpayment in the same program, the Department offsets one against the other.

   3. 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.

   4. By offsetting the full amount of the overpayment against restored benefits owed to the benefit group or to another FS benefit group that a liable member of the overpaid group has joined.

   5. Through use of a warrant authorized by ORS 18.900 or 411.703. Upon issuance of the warrant, the Department may issue a notice of garnishment in accordance with ORS 18.854.

5. A confession of judgment is used in the case of a client error 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.

6. The Department may not take collection action against a filing group while a member of the group is working under a JOBS Plus agreement.

Stat. Auth.: ORS 411.060, 411.660, 411.816, 418.100, 2007 Or. Laws ch. 861
Stats. Implemented: ORS 18.854, 18.900, 411.630, 411.635, 411.660, 411.703, 411.816, 418.100, 2007 Or. Laws ch. 861

461-195-0551 Effective 01/01/08
Methods of Recovering Overpayments

1. For all programs, in addition to judicial process, the Department may recover overpayments through an agreed repayment plan, reduction in benefits, voluntary payment from the client, and offset of the debt. In medical programs, benefits are reduced to collect an overpayment only in the GAM program, and only non-medical benefits are reduced.

2. The Department will reduce current benefits to collect an overpayment only as follows:
   1. For overpayments in REF and TANF, the Department will:
      1. Allow only half of the 50 percent earned income deduction described in OAR 461-160-0160.

      2. Reduce the benefit payment for REF and TANF, in an amount equal to ten percent of the benefit group's total benefit requirement at the full standard of need. The benefit payment after such reduction, when combined with all other income (before allowing the 50 percent earned income deduction), must be sufficient to provide the benefit group with 90 percent of the 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.

   2. The Department may recover an overpayment in the GA, GAM, or OSIP program by reducing cash benefit payments by the lesser of the following:
      1. The total overpayment amount.

      2. The total benefit amount.

      3. Ten percent of the client's total benefit requirement at the standard of need.

   3. Unless the Department and the client agree to a repayment plan and the filing group meets the terms of the plan, the Department will collect an overpayment from a liable filing group participating in the Food Stamp program by reducing the benefit group's food stamp allotment each month as follows:
      1. For an overpayment caused by client error or administrative error, ten percent of the group's monthly allotment or $10 a month, whichever is greater.

      2. For an overpayment caused by conduct that constituted an IPV, 20 percent of the group's monthly entitlement or $20 a month, whichever is greater.

3. For overpayment of child care benefits, the Department will not recover an overpayment through reduction of a client's child care benefits.

4. The Department may recover an overpayment by offset as follows:
   1. For all programs, the Department uses the collection services provided by the Department of Revenue and any other state or federal agency to collect a liquidated claim established by:
      1. A court judgment.

      2. A confession of judgment.

      3. A document signed or acknowledged by the debtor that acknowledges the debt, such as:
         1. The Department-designated form to acknowledge an IPV.

         2. A plea-bargain agreement.

         3. Any other document acknowledging the overpayment.

      4. 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.

      5. A written communication from the debtor acknowledging the debt.

   2. In cases that have both an underpayment and an overpayment in the same program, the Department will offset one against the other.

   3. 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.

   4. By offsetting the full amount of the overpayment against restored benefits owed to the benefit group or to another FS benefit group that a liable member of the overpaid group has joined.

   5. Through use of a warrant authorized by chapter 663, Oregon Laws 2003. Upon issuance of the warrant, the Department may issue a notice of garnishment in accordance with ORS 18.854.

5. A confession of judgement is used in the case of a client error overpayment. The Department will not file a confession of judgement while the client receives public assistance and will file one only if the client has refused to agree to or has defaulted on a repayment plan.

6. The Department will not take collection action against a filing group while a member of the group is working under a JOBS Plus agreement.

Stat. Auth.: ORS 411.060, 411.660, 411.816
Stats. Implemented: ORS 18.854, 411.630, 411.635, 411.660

461-195-0551 Temporary Effective 10/01/07 through 12/31/07
Methods of Recovering Overpayments

1. For all programs, in addition to judicial process, the Department may recover overpayments through an agreed repayment plan, reduction in benefits, voluntary payment from the client, and offset of the debt. In medical programs, benefits are reduced to collect an overpayment only in the GAM program, and only non-medical benefits are reduced.

2. The Department reduces current benefits to collect an overpayment only as follows:
   1. In the Food Stamp 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 filing group participating in the Food Stamp program by reducing the food stamp allotment of the benefit group (see OAR 461-110-0750) each month as follows:
      1. 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.

      2. For an overpayment caused by conduct that constituted an IPV (see OAR 461-195-0601), 20 percent of the group's monthly entitlement or $20 a month, whichever is greater.

   2. In the GA, GAM, and OSIP programs, the Department may recover an overpayment by reducing cash benefit payments by the lesser of the following:
      1. The total overpayment amount.

      2. The total benefit amount.

      3. 10 percent of the client's total benefit requirement at the standard of need.

   3. For overpayments in the REF, SFPSS, and TANF programs, the Department:
      1. Allows only half of the 50 percent earned income deduction described in OAR 461-160-0160.

      2. Reduces the benefit payment for REF, SFPSS, and TANF, in an amount equal to 10 percent of the total benefit requirement of the benefit group at the full standard of need. The benefit payment after such reduction, when combined with all other income (before allowing the 50 percent earned income deduction), must be sufficient to provide the benefit group with 90 percent of the 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.

3. For overpayment of child care benefits, the Department may not recover an overpayment through reduction of a client's child care benefits.

4. The Department may recover an overpayment by offset as follows:
   1. For all programs, the Department uses the collection services provided by the Department of Revenue and any other state or federal agency to collect a liquidated claim established by:
      1. A court judgment.

      2. A confession of judgment.

      3. A document signed or acknowledged by the debtor that acknowledges the debt, such as:
         1. The Department-designated form to acknowledge an IPV.

         2. A plea-bargain agreement.

         3. Any other document acknowledging the overpayment.

      4. 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.

      5. A written communication from the debtor acknowledging the debt.

   2. In cases that have both an underpayment and an overpayment in the same program, the Department offsets one against the other.

   3. 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.

   4. By offsetting the full amount of the overpayment against restored benefits owed to the benefit group or to another FS benefit group that a liable member of the overpaid group has joined.

   5. Through use of a warrant authorized by ORS 18.900 or 411.703

5. A confession of judgment is used in the case of a client error 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.

6. The Department may not take collection action against a filing group while a member of the group is working under a JOBS Plus agreement.

Stat. Auth.: ORS 411.060, 411.660, 411.816, 418.100, 2007 Or. Laws ch. 861
Stats. Implemented: ORS 18.900, 411.630, 411.635, 411.660, 411.703, 411.816, 418.100, 2007 Or. Laws ch. 861

461-195-0551 Effective 4/01/04
Methods of Recovering Overpayments

1. For all programs, in addition to judicial process, the Department may recover overpayments through an agreed repayment plan, reduction in benefits, voluntary payment from the client, and offset of the debt. In medical programs, benefits are reduced to collect an overpayment only in the GAM program, and only non-medical benefits are reduced.

2. The Department will reduce current benefits to collect an overpayment only as follows:
   1. For overpayments in REF and TANF, the Department will:
      1. Allow only half of the 50 percent earned income deduction described in OAR 461-160-0160.

      2. Reduce the benefit payment for REF and TANF, in an amount equal to ten percent of the benefit group's total benefit requirement at the full standard of need. The benefit payment after such reduction, when combined with all other income (before allowing the 50 percent earned income deduction), must be sufficient to provide the benefit group with 90 percent of the 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.

   2. The Department may recover an overpayment in the GA, GAM, or OSIP program by reducing cash benefit payments by the lesser of the following:
      1. The total overpayment amount.

      2. The total benefit amount.

      3. Ten percent of the client's total benefit requirement at the standard of need.

   3. Unless the Department and the client agree to a repayment plan and the filing group meets the terms of the plan, the Department will collect an overpayment from a liable filing group participating in the Food Stamp program by reducing the benefit group's food stamp allotment each month as follows:
      1. For an overpayment caused by client error or administrative error, ten percent of the group's monthly allotment or $10 a month, whichever is greater.

      2. For an overpayment caused by conduct that constituted an IPV, 20 percent of the group's monthly entitlement or $20 a month, whichever is greater.

3. For overpayment of child care benefits, the Department will not recover an overpayment through reduction of a client's child care benefits.

4. The Department may recover an overpayment by offset as follows:
   1. For all programs, the Department uses the collection services provided by the Department of Revenue and any other state or federal agency to collect a liquidated claim established by:
      1. A court judgment.

      2. A confession of judgment.

      3. A document signed or acknowledged by the debtor that acknowledges the debt, such as:
         1. The Department-designated form to acknowledge an IPV.

         2. A plea-bargain agreement.

         3. Any other document acknowledging the overpayment.

      4. 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.

      5. A written communication from the debtor acknowledging the debt.

   2. In cases that have both an underpayment and an overpayment in the same program, the Department will offset one against the other.

   3. 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.

   4. By offsetting the full amount of the overpayment against restored benefits owed to the benefit group or to another FS benefit group that a liable member of the overpaid group has joined.

   5. Through use of a warrant authorized by chapter 663, Oregon Laws 2003.

5. A confession of judgement is used in the case of a client error overpayment. The Department will not file a confession of judgement while the client receives public assistance and will file one only if the client has refused to agree to or has defaulted on a repayment plan.

6. The Department will not take collection action against a filing group while a member of the group is working under a JOBS Plus agreement.

Stat. Auth.: ORS 411.060, 411.660, 411.816
Stats. Implemented: ORS 411.630, 411.635, 411.660

461-195-0551 Effective 1/01/02
Methods of Recovering Overpayments

1. For all programs, in addition to judicial process, the Department may recover overpayments through an agreed repayment plan, reduction in benefits, voluntary payment from the client, and offset of the debt. In medical programs, benefits are reduced to collect an overpayment only in the GAM program, and only non-medical benefits are reduced.

2. The Department will reduce current benefits to collect an overpayment only as follows:
   1. For overpayments in REF and TANF, the Department will:
      1. Allow only half of the 50 percent earned income deduction described in OAR 461-160-0160.

      2. Reduce the benefit payment for REF and TANF, in an amount equal to ten percent of the benefit group's total benefit requirement at the full standard of need. The benefit payment after such reduction, when combined with all other income (before allowing the 50 percent earned income deduction),must be sufficient to provide the benefit group with 90 percent of the 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.

   2. The Department may recover an overpayment in the GA, GAM, or OSIP program by reducing cash benefit payments by the lesser of the following:
      1. The total overpayment amount;

      2. The total benefit amount; and

      3. Ten percent of the client's total benefit requirement at the standard of need.

   3. Unless the Department and the client agree to a repayment plan and the filing group meets the terms of the plan, the Department will collect an overpayment from a liable filing group participating in the Food Stamp program by reducing the benefit group's food stamp allotment each month as follows:
      1. For an overpayment caused by client error or administrative error, ten percent of the group's monthly allotment or $10 a month, whichever is greater.

      2. For an overpayment caused by conduct that constituted an IPV, 20 percent of the group's monthly entitlement or $20 a month, whichever is greater.

3. For overpayment of child care benefits, the Department will not recover an overpayment through reduction of a client's child care benefits.

4. The Department may recover an overpayment by offset as follows:
   1. For all programs, the Department uses the collection services provided by the Department of Revenue and any other state or federal agency to collect a liquidated claim established by:
      1. A court judgment.

      2. A confession of judgment.

      3. A document signed or acknowledged by the debtor that acknowledges the debt, such as:
         1. The Department-designated form to acknowledge an IPV.

         2. A plea-bargain agreement.

         3. Any other document acknowledging the overpayment.

      4. 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.

      5. A written communication from the debtor acknowledging the debt.

   2. In cases that have both an underpayment and an overpayment in the same program, the Department will offset one against the other.

   3. 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.

   4. By offsetting the full amount of the overpayment against restored benefits owed to the benefit group or to another FS benefit group that a liable member of the overpaid group has joined.

5. A confession of judgement is used in the case of a client error overpayment. The Department will not file a confession of judgement while the client receives public assistance and will file one only if the client has refused to agree to or has defaulted on a repayment plan.

6. The Department will not take collection action against a filing group while a member of the group is working under a JOBS Plus agreement.

Stat. Auth.: ORS 411.060, 411.660, 411.816
Stats. Implemented: ORS 411.630, 411.635, 411.660

461-195-0551 Temporary Effective 11/01/01 through 12/31/01
Methods of Recovering Overpayments

1. For all programs, in addition to judicial process, the Division may recover overpayments through an agreed repayment plan, reduction in benefits, voluntary payment from the client, and offset of the debt. In medical programs, benefits are reduced to collect an overpayment only in the GAM program, and only non-medical benefits are reduced.

2. The Division will reduce current benefits to collect an overpayment only as follows:
   1. For overpayments in REF and TANF, the Division will:
      1. Allow only half of the 50 percent earned income deduction described in OAR 461-160-0160.

      2. Reduce the benefit payment for REF and TANF, in an amount equal to ten percent of the benefit group's total benefit requirement at the full standard of need. The benefit payment after such reduction, when combined with all other income (before allowing the 50 percent earned income deduction),must be sufficient to provide the benefit group with 90 percent of the 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.

   2. The Division may recover an overpayment in the GA, GAM, or OSIP program by reducing cash benefit payments by the lesser of the following:
      1. The total overpayment amount;

      2. The total benefit amount; and

      3. Ten percent of the client's total benefit requirement at the standard of need.

   3. Unless the Division and the client agree to a repayment plan and the filing group meets the terms of the plan, the Division will collect an overpayment from a liable filing group participating in the Food Stamp program by reducing the benefit group's food stamp allotment each month as follows:
      1. For an overpayment caused by client error or administrative error, ten percent of the group's monthly allotment or $10 a month, whichever is greater.

      2. For an overpayment caused by conduct that constituted an IPV, 20percent of the group's monthly entitlement or $20 a month, whichever is greater.

3. For overpayment of child care benefits, the Division will not recover an overpayment through reduction of a client's child care benefits.

4. The Division may recover an overpayment by offset as follows:
   1. For all programs, the Division uses the collection services provided by the Department of Revenue and any other state or federal agency to collect a liquidated claim established by:
      1. A court judgment.

      2. A confession of judgment.

      3. A document signed or acknowledged by the debtor that acknowledges the debt, such as:
         1. The Division-designated form to acknowledge an IPV.

         2. A plea-bargain agreement.

         3. Any other document acknowledging the overpayment.

      4. A written notification of overpayment from the Division 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.

      5. A written communication from the debtor acknowledging the debt.

   2. In cases that have both an underpayment and an overpayment in the same program, the Division will offset one against the other.

   3. 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.

   4. By offsetting the full amount of the overpayment against restored benefits owed to the benefit group or to another FS benefit group that a liable member of the overpaid group has joined.

5. A confession of judgement is used in the case of a client error overpayment. The Division will not file a confession of judgement while the client receives public assistance and will file one only if the client has refused to agree to or has defaulted on a repayment plan.

6. The Division will not take collection action against a filing group while a member of the group is working under a JOBS Plus agreement.

Stat. Auth.: ORS 411.060, 411.660, 411.816
Stats. Implemented: ORS 411.630, 411.635, 411.660

461-195-0551 Effective 2/1/00
Methods of Recovering Overpayments

1. For all programs, in addition to judicial process, the Division may recover overpayments through an agreed repayment plan, reduction in benefits, voluntary payment from the client, and offset of the debt. In medical programs, benefits are reduced to collect an overpayment only in the GAM program, and only non-medical benefits are reduced.

2. The Division will reduce current benefits to collect an overpayment only as follows:
   1. For overpayments in REF and TANF, the Division will:
      1. Allow only half of the 50 percent earned income deduction described in OAR 461-160-0160.

      2. Reduce the benefit payment for TANF and REF, in an amount equal to ten percent of the benefit group's total benefit requirement at the full standard of need. The benefit payment after such reduction, when combined with all other income (before allowing the 50 percent earned income deduction),must be sufficient to provide the benefit group with 90 percent of the 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.

   2. The Division may recover an overpayment in the GA, GAM, or OSIP program by reducing cash benefit payments by the lesser of the following:
      1. The total overpayment amount;

      2. The total benefit amount; and

      3. Ten percent of the client's total benefit requirement at the standard of need.

   3. Unless the Division and the client agree to a repayment plan and the filing group meets the terms of the plan, the Division will collect an overpayment from a liable filing group participating in the Food Stamp program by reducing the benefit group's food stamp allotment each month as follows:
      1. For an overpayment caused by client error or administrative error, ten percent of the group's monthly allotment or $10 a month, whichever is greater.

      2. For an overpayment caused by conduct that constituted an IPV, 20percent of the group's monthly entitlement or $10 a month, whichever is greater.

3. For overpayment of child care benefits, the Division will not recover an overpayment through reduction of a client's child care benefits.

4. The Division may recover an overpayment by offset as follows:
   1. For all programs, the Division uses the collection services provided by the Department of Revenue and any other state or federal agency to collect a liquidated claim established by:
      1. A court judgment.

      2. A confession of judgment.

      3. A document signed or acknowledged by the debtor that acknowledges the debt, such as:
         1. The Division-designated form to acknowledge an IPV.

         2. A plea-bargain agreement.

         3. Any other document acknowledging the overpayment.

      4. A written notification of overpayment from the Division 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.

      5. A written communication from the debtor acknowledging the debt.

   2. In cases that have both an underpayment and an overpayment in the same program, the Division will offset one against the other.

   3. 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.

   4. By offsetting the full amount of the overpayment against restored benefits owed to the benefit group or to another FS benefit group that a liable member of the overpaid group has joined.

5. A confession of judgement is used in the case of a client error overpayment. The Division will not file a confession of judgement while the client receives public assistance and will file one only if the client has refused to agree to or has defaulted on a repayment plan.

6. The Division will not take collection action against a filing group while a member of the group is working under a JOBS Plus agreement.

Stat. Auth.: ORS 411.060, 411.660, 411.816
Stats. Implemented: ORS 411.630, 411.635, 411.660