Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 195 - LIENS, OVERPAYMENTS AND IPVS › Section 461-195-0501 - Definitions and Categories of Overpayments

Current through Register Vol. 63, No. 7, July 1, 2024
This rule applies to benefits and services delivered under
				chapters 410, 411, 414, and 461 of the Oregon Administrative Rules.
(1) "Overpayment" means:
(a) A benefit or service received by or on
			 behalf of a
recipient
(see OAR
			 461-195-0301), or a payment made
			 by the Department (see OAR
			 461-195-0301) on behalf of a
recipient
, that exceeds the amount for which the
recipient
is eligible.
(b) A payment made by the Department and
			 designated for a specific purpose which is spent by a person on an expense not
			 approved by the Department.
(A) In the REF
			 program, there is a rebuttable presumption that the full amount of cash
			 benefits was improperly spent in violation of OAR
			 461-165-0010(8)(a)
			 when cash benefits are used or accessed in Oregon, outside of Oregon, or on
			 Tribal lands at:
(i) Any
liquor
			 store
(see OAR
			 461-165-0010);
(ii) Any
casino, gambling casino, or
			 gaming establishment
(see OAR
			 461-165-0010);
(iii) Any retail establishment that provides
			 adult-oriented entertainment in which performers disrobe or perform in an
			 unclothed state for entertainment; or
(iv) Any marijuana dispensary.
(B) In the SFPSS and TANF
			 programs, there is a rebuttable presumption that the full amount of cash
			 benefits was improperly spent in violation of OAR
			 461-165-0010(9)(a)
			 when cash benefits are used or accessed in Oregon, outside of Oregon, or on
			 Tribal lands at:
(i) Any
liquor
			 store
;
(ii) Any
casino, gambling casino, or gaming establishment
;
(iii) Any retail establishment that provides
			 adult-oriented entertainment in which performers disrobe or perform in an
			 unclothed state for entertainment; or
(iv) Any marijuana dispensary.
(C) The rebuttable presumptions in
			 paragraphs (A) and (B) of this section also apply when an individual in a
			 location covered in paragraphs (A) or (B) uses or accesses cash benefits from a
			 private bank account.
(c) A payment for child care made by the
			 Department to, or on behalf of, a
recipient
that:
(A) Is paid to an ineligible
			 provider;
(B) Exceeds the amount
			 for which a provider is eligible;
(C) Is paid when the
recipient
was not engaged in an activity that made the
recipient
eligible for child care, such as an activity of the
			 JOBS program (see OAR
			 461-001-0025 and OAR
			 461-190-0151 to OAR
			 461-190-0401); or
(D) Is paid when the
recipient
was not eligible for child care benefits.
(d) A misappropriated payment when
			 a person cashes and retains the proceeds of a check from the Department on
			 which that person is not the payee and the check has not been lawfully endorsed
			 or assigned to the person.
(e) A
			 benefit or service provided for a need when that person is compensated by
			 another source for the same need and the person fails to reimburse the
			 Department when required to do so by law.
(f) A cash benefit received by an individual
			 in the GA or SFPSS programs for each month for which the
recipient
receives a retroactive Supplemental Security Income
			 (SSI) lump sum payment.
(g) In the
			 TA-DVS program, a payment made by the Department to an individual or on behalf
			 of an individual when the individual intentionally and without intimidation or
			 coercion by an abuser:
(A) Makes a false or
			 misleading statement or misrepresents, conceals, or withholds information for
			 the purpose of establishing
eligibility
(see OAR
			 461-001-0000) for or receiving a
			 benefit from the TA-DVS program; or
(B) Commits any act intended to mislead or
			 misrepresent, conceal, or withhold information for the purpose of establishing
eligibility
for or receiving a benefit from the TA-DVS
			 program.