461-025-0311    Effective 01/01/11
Continuation of Benefits

  1. This rule explains who may receive continuing benefits until a final order is issued in a contested case.

  2. Except as provided otherwise in this rule, a client who is entitled to a continuing benefit decision notice under a rule in division 175 of this chapter of rules may, at the option of the client, receive continuing benefits, in the same manner and same amount, until a final order resolves the contested case. To be entitled to continuing benefits, the client must complete a hearing request not later than the later of:

    1. The tenth day following the date of the notice; and

    2. The effective date of the action proposed in the notice.

  3. The continuing benefits are subject to modification based on additional changes affecting the client's eligibility or level of benefits.

  4. In determining timeliness under section (2) of this rule, delay caused by circumstances beyond the control of the claimant is not counted.

  5. In the ERDC program, if benefits are reduced or closed to reflect a mass change, continuing benefits are not available.

  6. In the REF and REFM programs, individuals are not entitled to continuing benefits when the issue in question is regarding the termination of benefits because the eligibility time period imposed by OAR 461-135-0900 has been reached.

Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.408, 411.816, 412.014, 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.404, 411.408, 411.816, 412.014, 412.049

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