Or. Admin. Code § 471-030-0053 - Waiving Recovery of Overpayments
(1) The effective date of this rule is June
23, 2024.
(2) This rule addresses
waiving recovery of overpayments pursuant to ORS
657.317.
(3) Overpayments will be waived if recovery
of benefits is against equity and good conscience based on the following
criteria
(a) Automatic waiver criteria, the
individual has claimant non-fault overpayment and
(A) Has reported wages in the last four
quarters that are less than or equal to 300% of the federal poverty level for a
family of four, OR
(B) Is a
recipient of Temporary Assistance for Needy Families (TANF) within the 60 days
prior to establishing the overpayment.
(b) If automatic waiver criteria does not
apply, claimants may request a waiver which will be allowed if
(A) The individual has claimant non-fault
overpayment and
(i) Does not meet the
automatic waiver criteria listed in subsection (a) and the size of their
family, as defined in subsection (c) below, exceeds four persons and reported
wages in the last 4 quarters that are less than or equal to 300% of the federal
poverty level for the size of family listed by the claimant on the waiver
request, OR
(ii) Was not receiving
Temporary Assistance for Needy Families (TANF) at the time the overpayment was
established and is receiving TANF at the time the waiver request is
submitted.
(B) The
individual has a claimant fault non-fraud overpayment and
(i) Has reported wages in the last four
quarters that are less than or equal to 200% of the federal poverty level for a
family of four, OR
(ii) The size of
their family, as defined in subsection (c) below, exceeds four persons and
reported wages in the last 4 quarters that are less than or equal to 200% of
the federal poverty level for the size of family listed by the claimant on the
waiver request, OR
(iii) Is a
recipient of Temporary Assistance for Needy Families (TANF) within the 60 days
prior to establishing the overpayment or is receiving TANF at the time the
waiver request is submitted.
(c) For purposes of
471-030-0053 (b) (A) (i) and (B) (ii)
"family" includes those individuals listed in
OAR 471-030-0038(1)(f)
that are financially supported by the claimant.
(d) All requests to waive a wage garnishment
for claimant non-fault and claimant fault non-fraud overpayments will be
considered to be requests to waive the overpayment and the criteria set forth
in (3) (a) and (b) will be applied to the request.
(4) If a waiver is granted, the department
will stop collection activity of the overpaid benefits that are waived. OED
will give written notice of any waivers that are granted, indicating the amount
of the overpaid benefits for which the waiver is granted.
(5) Any funds, which would otherwise have
been restored to the balance of the claim impacted by the overpayment decision,
will be removed if the overpayment is waived so the individual does not receive
more than the claim's maximum benefit amount.
(6) Waivers are effective the Sunday of the
week in which the request for waiver was filed with OED. OED shall apply the
provisions under OAR 471-010-0040 in determining the
date the request for waiver is received.
(7) If a request for waiver of recovery is
denied, the individual will receive an administrative decision as defined in
OAR 471-030-0039.
(8) Overpaid benefits that have been
recovered prior to the filing of a waiver request will not be waived or
refunded.
(9) If the individual is
paid more than once for the same week(s), only the amount in excess of the
final entitlement is eligible to be waived.
(10) In applying ORS
657.315 when the individual is
not eligible for a waiver under the provisions of this rule, the provisions
under OAR 471-030-0320 shall apply for
offsetting overpaid benefits.
(11)
In applying ORS 657.317(3), a
waiver will not be granted if the overpayment is a result of willful
misrepresentation or fraud as established in ORS
657.215.
(12) Overpayments caused by the negotiation
of an original and a replacement check that were issued for the same period
pursuant to OAR 471-030-0049 will not be
waived.
(13) The determination to
waive recovery of overpayments under ORS
657.317 and this rule shall be
made by employees authorized by the Director.
Notes
Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.267, 657.268, 657.315 & 657.317
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