OAR 461-196-0150: Restoration of Lost Benefits; SEBT

(1) An individual is entitled to a restoration of lost benefits if: (a) The loss was caused by an error by the Department ( see OAR 461-196-0020), including an action to restore any benefits that were lost, or the failure to issue due to agency error; or (b) An administrative disqualification for intentional program violation (see OAR 461-195-0601) was subsequently reversed. (2) Benefits shall be restored for not more than twelve months prior to whichever of the following occurred first: (a) The date the Department receives a request for restoration from the filing group (see OAR 461-196-0020); or (b) The date the Department is notified or otherwise discovers that a loss to a filing group has occurred. (3) The Department must restore benefits found to have been wrongfully withheld through judicial action. (a) If the judicial action is the filing group’s first attempt to regain lost benefits, the benefits must be restored for not more than twelve months from the date the court action began. (b) When the judicial action involves reviewing the Department’s action, benefits must be restored not more than twelve months from: (A) The date the agency receives a restoration request. (B) If no request is made, the date the hearing action is initiated. (C) Never exceeding one year from when the agency is informed of or discovers the loss. (D) Benefits must be restored even if the child is currently ineligible. (4) The Department must restore any lost benefits to a filing group by issuing an allotment equal to the amount of benefits that were lost, irrespective of the filing group 's current eligibility status. This restored amount will be issued in addition to the regular allotment entitled to the eligible filing group . (5) The Department will issue a timely replacement of Summer EBT benefits within 10 days of receiving the request for restoration, the discovery of the agency error that led to the lost benefits, or the notification of judicial or administrative action ordering the benefits to be restored. (6) Individuals disqualified for i ntentional program violation are entitled to restoration of any benefits lost during the months that they were disqualified, not to exceed twelve months prior to the date of Department notification, only if the decision which resulted in disqualification is subsequently reversed.