Or. Admin. Code § 414-175-0090

Current through Register Vol. 63, No. 12, December 1, 2024

Section 414-175-0090 - Restored and Supplemental Benefits

(1) Supplemental and restorative benefits are calculated and paid as follows:

(a) The effective date of the lost benefits is determined.

(b) The benefit group is not eligible for restored benefits in any month that eligibility for the benefits cannot be established. The benefit group has an opportunity to prove eligibility for any months in question.

(c) The correct benefits for the months in question are calculated.

(d) The amount the benefit group actually received is subtracted from the amount they should have received.

(e) The group with the largest number of people who were in the benefit group at the time the loss occurred is entitled to the restored benefit. If the location of that group is unknown, the benefit is restored to the benefit group containing the primary person at the time the loss occurred.

(2) An individual is entitled to a supplemental payment of benefits for the current month or restoration of benefits lost in a previous month if the individual received a lower benefit than the individual was entitled to for the reasons given in this rule. An individual may receive a restoration of lost benefits even if no longer eligible.

(3) An individual may receive a supplemental benefit if there was a change in the individual's circumstances that would cause an increase in benefits, if the report of change was made before the first day of the benefit month but too late for the Department to adjust the next month's benefits.

(4) An individual may receive a supplemental or restorative benefit if the Department caused an administrative underpayment. An administrative underpayment includes, but is not limited to, an underpayment caused by any of the following:

(a) Failure to take action on information reported to the Department.

(b) Use of an incorrect effective date.

(c) Denial, closure or reduction of benefits in error.

(d) Failure to send the individual a required decision notice when benefits are closed or reduced.

(e) Making a calculation error.

(5) An individual is entitled to a restoration of lost benefits if:

(a) The restoration results from a final order in a contested case.

(b) The restoration results from a court order.

(6) An individual who moves from Oregon remains eligible for a restoration of benefits.

(7) Restoration of benefits is limited to the extent provided for in OAR 414-175-0070.

Or. Admin. Code § 414-175-0090

ELD 11-2023, adopt filed 06/28/2023, effective 7/1/2023

Statutory/Other Authority: ORS 329A.500

Statutes/Other Implemented: ORS 329A.500