Public Assistance and Medical Assistance
Unlawfully obtaining public assistance or medical assistance
Notes of Decisions
Under “change of circumstances” language of this section, mere receipt of income constitutes, as a matter of law, change of circumstances for purposes of defining offense of obtaining public assistance unlawfully and no separate allegation to that effect in indictment was necessary. State v. Willy, 36 Or App 853, 585 P2d 762 (1978)
Where aunt accepted ADC benefits for niece and nephew and spent them entirely for children’s needs, neither this section nor [former] ORS 411.105 supported imposition of duty on aunt to reimburse Adult and Family Services for overpayment. Brown v. Adult & Family Services, 45 Or App 263, 608 P2d 197 (1980)