ORS 411.105¹
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 (Basis for granting general assistance) to 411.730 (Application for general assistance) and the recipient’s portion of the aid described in ORS 412.014 (State Family Pre-SSI/SSDI program) (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 (State Family Pre-SSI/SSDI program) (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 (State Family Pre-SSI/SSDI program) 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]

Notes of Decisions

This sec­tion could not be applied retroactively to impress lien on peti­tioner's Supple­mental Security Income benefits for assistance paid prior to this sec­tion's effective date. Troyer v. Public Welfare Division, 30 Or App 569, 567 P2d 594 (1977)

Where aunt accepted ADC benefits on behalf of niece and nephew and spent them entirely for children's needs, neither this sec­tion nor ORS 411.630 (Unlawfully obtaining public assistance) 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)

Chapter 411

Atty. Gen. Opinions

Public Welfare Division records showing cost of medical services to welfare recipients as public records, (1972) Vol 35, p 1143

1 Legislative Counsel Committee, CHAPTER 411—Adult and Family Services; Public Assistance, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors411.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 411, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­411ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information