Oregon Statutes - Chapter 411 - Adult and Family Services; Public Assistance - Section 411.105 - Application required; declaration of eligibility; report on change in circumstance; recovery of assistance and costs of representation.

(1) A person seeking public assistance shall file an application for public assistance with the Department of Human Services. At the time of application, the applicant shall declare to the department any circumstance that directly affects the applicant’s eligibility to receive assistance or the amount of assistance available to the applicant. Upon the receipt of property or income or upon any other change in circumstances that directly affects the eligibility of the recipient to receive assistance or the amount of assistance available to the recipient, the applicant, recipient or other person in the assistance household shall immediately notify the department of the receipt or possession of such property or income, or other change in circumstances. The department shall recover from the recipient the amount of assistance improperly disbursed by reason of failure to comply with the provision of this section.

(2) The department may recover any cash assistance granted for general assistance under ORS 411.710 to 411.730 and the recipient’s portion of the aid described in ORS 412.014 (3) that has been paid to any recipient 18 years of age or older, and for the costs incurred by the department to provide representation to the recipient under ORS 412.014 (2), when the recipient is presently receiving or subsequently receives Supplemental Security Income. The amount of recovery shall be limited to the total amount of Supplemental Security Income that was received for the same time period that the general assistance or the aid received under ORS 412.014 was being paid.

(3) Nothing in subsection (1) or (2) of this section shall be construed as to prevent the department from entering into a compromise agreement for recovery of assistance improperly disbursed, if the department determines that the administration and collection costs involved would exceed the amount that can reasonably be expected to be recovered. [1969 c.68 §3; 1975 c.178 §1; 1977 c.194 §1; 2005 c.381 §6; 2007 c.861 §9]

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Last modified: August 7, 2008