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.