Or. Admin. Code § 471-070-1500

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

Section 471-070-1500 - Benefits: Review of Overpaid Benefits

(1) The department may review an overpayment of benefits to determine the cause of the overpayment and whether the claimant is liable for repayment of the benefits and any applicable penalties.

(2) The department's review of the overpayment shall be used to determine whether:

(a) The overpayment may be waived under ORS 657B.120(5);

(b) Interest may be applied under OAR 471-070-1510(3) to any amount owed;

(c) Penalties shall be applied under ORS 657B.120(3)(b); and

(d) The claimant shall be disqualified from claiming benefits under ORS 657B.120(3)(a);

(3) The department shall review information provided by the claimant or other parties and from the department's records in making its determination under this rule.

(4) The claimant may be held liable for repayment of benefits they were not entitled to, even though all relevant information was provided before a decision was issued, when the claimant should reasonably have known the payment was improper.

(5) The claimant will always be liable for repayment of benefits when an overpayment is the result of a claimant willfully making a false statement or willfully failing to report a material fact in order to obtain Paid Family and Medical Leave Insurance benefits.

(6) In deciding if a claimant is liable for repayment of benefits, the department may also consider factors which may affect the claimant's ability to report all relevant information to the department.

Or. Admin. Code § 471-070-1500

ED 13-2022, adopt filed 11/04/2022, effective 11/4/2022

Statutory/Other Authority: ORS 657B.340 & ORS 657B.120

Statutes/Other Implemented: ORS 657B.120