OAR 471-030-0053
Waiving Recovery of Overpayments

(1)

This rule addresses waiving recovery of overpayments pursuant to ORS 657.317 (Waiving recovery of benefits).

(2)

Recovering overpaid benefits is against equity and good conscience if the person requesting a waiver has no means to repay the benefits and has total allowable household expenses that equal or exceed 90% of the total household income less unemployment benefits. The Employment Department will use the IRS Collection Financial Standards to determine maximum allowable household expenses. The Employment Department may allow expenses higher than those provided for in the IRS Collection Financial standards if the person requesting a waiver provides documents showing that using those IRS Collection Financial Standards would leave him or her an inadequate means of providing for basic living expenses.

(3)

If a waiver is granted, the Department will stop collection activity of the overpaid benefits that are waived. The Department will give written notice of any waivers that are granted, indicating the amount of the overpaid benefits for which the waiver is granted, and the time period of the waiver.

(4)

The amount of overpaid benefits that are waived will be removed from the balance of remaining benefits that the claimant has remaining on the claim during the duration of the waiver of recovery of benefits.

(5)

Waivers are effective the Sunday of the week in which the request for waiver was filed with the Employment Department. The date of the post mark from the United States Postal Service, a date stamp from an Employment Department office, or an embedded fax date, whichever is earliest, will be used to determine the date of filing.

(6)

If a request for waiver of recovery is denied, the claimant may submit another request for waiver of recovery if his or her situation changes significantly enough to establish that recovery of the benefits would be against equity and good conscience. No such subsequent request will be granted unless the claimant explains the significant change in financial situation in writing and provides supporting documentation.

(7)

If a waiver is granted but the Employment Department then determines a hardship no longer exists, or that the person who received the waiver gave inaccurate or incomplete information in the request for waiver, the Employment Department may end the waiver.

(8)

If a request for a waiver of recovery is denied or if the Employment Department determines a hardship no longer exists and ends the waiver of recovery, the claimant will receive an administrative decision as defined in OAR 471-030-0039 (Administrative Decisions).

(9)

Overpaid benefits that have been recovered prior to the filing of a waiver request will not be waived.

(10)

If a person is paid more than once for the same week(s), only the amount in excess of the final entitlement is eligible to be waived.

(11)

In applying ORS 657.317 (Waiving recovery of benefits)(4), a waiver will not be granted if the overpayment is a result of willful misrepresentation or fraud as established in ORS 657.215 (Disqualification for misrepresentation)

(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 (Lost, Stolen or Destroyed Benefit Checks) will not be waived.

(13)

The determination to waive recovery of overpayments under ORS 657.317 (Waiving recovery of benefits) and this rule shall be made by employees authorized by the Director.

Source: Rule 471-030-0053 — Waiving Recovery of Overpayments, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=471-030-0053.

471–030–0005
Week Defined 471–030–0010
Assignment of Wages 471–030–0012
Standard Base Year Defined 471–030–0015
Social Security Account Number 471–030–0017
Defining and Allocating Remuneration, Holidays, and Vacations 471–030–0020
Retirement Pay, Allocation of Periodic and Lump Sum Payments 471–030–0021
Allocation of Wages 471–030–0022
“Full-Time Work” Defined 471–030–0023
Incapable of Work for the Purpose of Extending the Base Year 471–030–0025
Claimant’s Responsibilities 471–030–0034
Reemployment Service Assistance and Eligibility 471–030–0035
Work Registration 471–030–0036
Eligibility Factors 471–030–0037
Prevailing Rate of Pay 471–030–0038
Work Separations, Job Referrals and Job Refusals 471–030–0039
Administrative Decisions 471–030–0040
Initial, Additional, and Reopened Claims 471–030–0042
Good Prospects 471–030–0043
Customary Occupation 471–030–0044
Systematic and Sustained Search for Work 471–030–0045
Continued Claims 471–030–0046
Non-Cash Remuneration Applicable to Benefit Claims 471–030–0048
Amended Monetary Determinations 471–030–0049
Lost, Stolen or Destroyed Benefit Checks 471–030–0050
Benefit Payments 471–030–0051
Cancellation of Overpayments, Tolerance Policy 471–030–0052
Misrepresentation Disqualification 471–030–0053
Waiving Recovery of Overpayments 471–030–0054
Theft Cases 471–030–0055
Continuous Jurisdiction 471–030–0056
Investigatory Subpoenas 471–030–0057
Payment of Benefits Due a Deceased Person 471–030–0058
Offset of Unemployment Compensation Debt Through U.S. Treasury Offset Program 471–030–0060
Procedure for Payment of Benefits for Partial Unemployment 471–030–0065
Discretionary Filing Procedures 471–030–0071
Benefit eligibility during a declared emergency 471–030–0074
School Employees 471–030–0075
Contract or reasonable assurance defined 471–030–0076
Benefits for Athletes 471–030–0077
Benefits for Aliens 471–030–0079
Shared Work Plans and Benefits 471–030–0080
Career and Technical Training 471–030–0081
Relief of Charges to Employers 471–030–0082
Charge Relief for Part-Time Work 471–030–0083
Employer Penalties 471–030–0090
Shared Work Plans and Benefits 471–030–0095
Claim Cancellations 471–030–0097
Labor Disputes 471–030–0100
Maximum Benefit Amount 471–030–0120
Jury Duty 471–030–0125
Drug, Cannabis, and Alcohol Adjudication Policy 471–030–0126
Absence Due to Alcohol, Cannabis, or Drug Use 471–030–0150
Domestic Violence 471–030–0174
Child Support Intercept Appeals 471–030–0210
Interstate Reciprocal Overpayment Recovery Arrangement 471–030–0215
Union Referral List 471–030–0220
Economically Distressed Worker Training 471–030–0225
Extended Benefits Look Back 471–030–0235
Self-employment Assistance Program
Last Updated

Jun. 8, 2021

Rule 471-030-0053’s source at or​.us