OAR 471-070-1520: Benefits: Waiver Recovery of Overpayments

(1) A claimant may request a waiver for recovery of overpayments from the department in the manner specified by the department in its instructions. (2) In accordance with ORS 657B.332(5), the director may waive, in whole or in part, the amount of Paid Leave Oregon benefits if: (a) The benefits were paid based on an error other than a willful provision of a false statement, nondisclosure of a material fact, or misrepresentation by a claimant, and (b) Recovery would be against equity, good conscience, or administrative efficiency. (3) The director may determine that recovery of overpaid benefits is against equity and good conscience if the individual requesting a waiver has limited means to repay the benefits and has total allowable household expenses that equal or exceed 90 percent of the total household income, not including Paid Leave Oregon benefits received. The department will use the current year’s Internal Revenue Service (IRS) Collection Financial Standards to determine total allowable household expenses. The director may allow expenses higher than those provided for in the IRS Collection Financial standards if the claimant requesting a waiver provides documentation showing that using those IRS Collection Financial Standards would leave the claimant unable to provide for basic living expenses. (4) If the director grants a waiver, the department will stop collection activity of any overpaid benefits subject to the waiver. The department will give written notice of any waiver that is granted, indicating the amount of the overpaid benefits for which the waiver is granted. (5) Waivers granted are effective the Sunday of the week in which the request for waiver was filed with the department. The date of the post mark from the United States Postal Service, a date stamp from an Employment Department office, an embedded fax date, or the electronic filing date as described in OAR 471-070-0850, whichever is earliest, will be used to determine the date of filing. (6) If a request for waiver is denied, the department will notify the claimant of its decision. The claimant may submit another request for waiver if their situation changes significantly enough to establish that recovery of the benefits would be against equity and good conscience. No subsequent request for waiver of benefits may be granted, unless the claimant satisfactorily demonstrates in writing the significant change in financial situation and provides supporting documentation. (7) Overpaid benefits that have been recovered from the claimant prior to the filing of a waiver request will not be waived or refunded. (8) If a person is paid more than once for the same week(s), recovery of only the amount in excess of the final entitlement is eligible to be waived. (9) In applying ORS 657B.332(5), a waiver will not be granted if the overpayment is a result of a willful false statement or a willful failure to report a material fact as determined under ORS 657B.332(3). (10) Overpayments caused by the negotiation of an original and a replacement check that were issued for the same period will not be waived. (11) The determination whether to waive overpayments under ORS 657B.332(5) and this rule shall be made by employees authorized by the director by delegation and may be made with or without the request for a waiver from the claimant. [Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]