ORS 411.708
Recovery of supplemental income program assistance from certain estates

exceptions
certain transfers of property voidable

Text
Annotations

(1)

The amount of any assistance paid under ORS 411.706 (Oregon Supplemental Income Program) is a claim against the property or interest in the property belonging to and a part of the estate of any deceased recipient. If the deceased recipient has no estate, the estate of the surviving spouse of the deceased recipient, if any, shall be charged for assistance granted under ORS 411.706 (Oregon Supplemental Income Program) to the deceased recipient or the surviving spouse. There shall be no adjustment or recovery of assistance correctly paid on behalf of any deceased recipient under ORS 411.706 (Oregon Supplemental Income Program) except after the death of the surviving spouse of the deceased recipient, if any, and only at a time when the deceased recipient has no surviving child who is under 21 years of age or who is blind or has a disability. Transfers of real or personal property by recipients of assistance without adequate consideration are voidable and may be set aside under ORS 411.620 (Recovery of public assistance or medical assistance obtained or disposed of unlawfully) (2).

(2)

Except when there is a surviving spouse, or a surviving child who is under 21 years of age or who is blind or has a disability, the amount of any assistance paid under ORS 411.706 (Oregon Supplemental Income Program) is a claim against the estate in any conservatorship proceedings and may be paid pursuant to ORS 125.495 (Payment of claims against estate or protected person).

(3)

Nothing in this section authorizes the recovery of the amount of any assistance from the estate or surviving spouse of a recipient to the extent that the need for assistance resulted from a crime committed against the recipient. [Formerly 412.600; 2007 c.70 §189; 2007 c.486 §10; 2009 c.595 §263; 2009 c.867 §41; 2011 c.602 §35; 2011 c.720 §124a]

Source: Section 411.708 — Recovery of supplemental income program assistance from certain estates; exceptions; certain transfers of property voidable, https://www.oregonlegislature.gov/bills_laws/ors/ors411.html.

411.010
Definitions 411.060
Rules 411.070
Statewide standards for public assistance 411.072
Public process required if waiver of federal requirement involves policy change 411.075
Family Services Review Commission 411.081
Public assistance application required 411.083
Income and resources that may be disregarded in determining eligibility for public assistance and medical assistance 411.085
Reconsideration of grants of public assistance 411.087
Statement required to obtain public assistance 411.089
Receipts for documents supplied by applicants for and recipients of public assistance or medical assistance 411.091
Time for issuance of public assistance 411.093
Treatment of public assistance applicants and recipients 411.095
Notice and hearings for public assistance and medical assistance 411.097
Content of notices of termination of public assistance 411.099
Assessment for service eligibility 411.101
Service eligibility notification procedures and standards for communications 411.103
Notice by regular or electronic mail to recipient of public assistance or medical assistance 411.116
Department contracts and intergovernmental agreements for providing social services to individuals 411.117
Requirements when victims of domestic violence apply for or receive TANF 411.119
Prohibition against denial of public assistance or medical assistance based on drug conviction 411.121
Local district pilot projects 411.122
Department to make dependent care payments directly to providers 411.128
Department’s acceptance of gifts and grants for scholarships 411.135
Department cooperation with federal government in research and training personnel 411.137
Contributions by state and counties for medical assistance demonstration projects under ORS 411.135 411.139
Grants for assisting refugees 411.141
Authorized expenditures by department for public assistance and OSIP medical assistance 411.142
Quarterly allocation of funds for each category of public assistance 411.144
Deposit of funds received for public assistance purposes 411.146
Payment of public assistance claims 411.148
Public Welfare Account 411.149
Advancements from Public Welfare Account to meet public assistance claims payable from federal funds 411.151
Department of Human Services revolving fund 411.154
Report to Legislative Assembly 411.171
Certain job referrals prohibited 411.175
Scholarships and grants for public assistance recipients 411.300
Use and custody of records 411.320
Disclosure and use of records limited to purposes connected to administration of public assistance programs 411.335
Prohibited use of lists or names 411.400
Application for medical assistance 411.402
Procedures for verifying eligibility for medical assistance 411.404
Determination of eligibility for medical assistance 411.406
Notice of change in circumstances 411.408
Hearing on eligibility for medical assistance 411.435
Enrollment of medical assistance program clients 411.439
Twelve-month continuation of medical assistance of persons with serious mental illness admitted to state hospital 411.447
Suspension of medical assistance provided to inmates 411.463
Availability of information on all licensed healing arts 411.593
Investigations 411.594
Petition for enforcement of subpoena issued under ORS 411.593 411.596
Court order to show cause issued upon filing of petition for enforcement of subpoena 411.597
Court may compel appearance of witness before petitioner 411.610
Indorsement by others of assistance checks or warrants payable to deceased recipient 411.620
Recovery of public assistance or medical assistance obtained or disposed of unlawfully 411.630
Unlawfully obtaining public assistance or medical assistance 411.632
Relief where assets transferred, removed or secreted 411.635
Recovery of improperly disbursed public assistance or medical assistance 411.640
Overpayments of public assistance or medical assistance 411.660
Modification, cancellation or suspension of public assistance 411.670
Definitions for ORS 411.640, 411.670, 411.675 and 411.690 411.675
Submitting wrongful claim for payment of public assistance or medical assistance 411.690
Liability of person wrongfully receiving payment of public assistance or medical assistance 411.692
Definition for ORS 93.268 and 411.694 411.694
Request for notice of transfer or encumbrance of real property held by recipient of public assistance or medical assistance 411.703
Issuance of warrants for overpayment of public assistance or medical assistance 411.704
Definitions for ORS 411.141, 411.706 and 411.708 411.706
Oregon Supplemental Income Program 411.708
Recovery of supplemental income program assistance from certain estates 411.710
Basis for granting general assistance 411.720
Residence required of applicants for general assistance 411.730
Application for general assistance 411.740
General assistance administration 411.750
Cooperation with federal government in providing general assistance 411.752
General assistance project established 411.753
Advisory group for general assistance project 411.760
Assistance grants are inalienable 411.790
Assistance to certain persons receiving employment income 411.795
Claim against estate of deceased recipient of general assistance 411.802
Compensation for in-home care by spouse 411.803
When spouse may be compensated for in-home care 411.806
Definitions for ORS 411.806 to 411.845 411.811
Distribution by tribal councils 411.813
Farm Direct Nutrition Programs authorized 411.816
Eligibility for and amount of assistance 411.825
Administration of Supplemental Nutrition Assistance Program 411.827
Appropriation of sums received from federal government 411.830
Payment of losses from program 411.837
Compliance with state and federal laws required 411.840
Unlawfully obtaining or disposing of supplemental nutrition assistance 411.845
Prosecution 411.855
Definitions for ORS 411.855 to 411.870 411.860
Community work and training programs authorized for general assistance applicants or recipients 411.865
Denial of general assistance to applicants or recipients for failing to participate in community work program 411.870
Approval of programs 411.875
Status of applicants, recipients, beneficiaries and trainees under community work and training program 411.877
Definitions for program 411.878
Intent 411.880
Exemptions and waivers from federal law to be obtained 411.882
Maximizing use of federal grants and apportionments 411.886
JOBS Plus Advisory Board 411.888
Vacancies on board 411.889
Contracting with private institutions 411.890
JOBS Plus Implementation Council 411.892
Employer eligibility 411.894
Oregon JOBS Individual Education Account 411.896
Annual report on program 411.900
Definitions for ORS 411.900 to 411.910 411.905
Programs for displaced homemakers 411.910
Contracts with public and private agencies to carry out programs 411.965
Policy on program accessibility 411.967
Forms and notices to be in plain language 411.969
Informational materials for applicants 411.970
When bilingual services required 411.990
Penalties

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§ 411.708’s source at oregon.gov

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Location: https://oregon.public.law/statutes/ors_411.708

Original Source: Section 411.708 — Recovery of supplemental income program assistance from certain estates; exceptions; certain transfers of property voidable, https://www.oregonlegislature.gov/bills_laws/ors/ors411.html (last accessed Aug. 25, 2023).