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737 Chapter 3:Processes and procedures • Section 5: Program integrity (07/2026) • ODHS|OHA may not recover an overpayment through reduction of the individual’s child care program benefits. • When a child care program provider is liable for a child care overpayment (see Definitions and Categories of Overpayments, OAR 461-195-0501) ODHS|OHA may recover the child care overpayment by reducing up to 100 percent any future child care payment for which the provider bills through the ERDC program. • Voluntary agreement occurs to reduce benefits above any mandatory benefit reduction. • The benefit group may voluntarily request to repay their existing overpayment with unused EBT benefits in the following programs:

Š SNAP benefits can be applied toward SNAP overpayments.

Š TANF benefits can be applied toward TANF or ERDC overpayments. ODHS|OHA may recover above any mandatory reduction only if the individual signs a Voluntary Agreement to Take Action on Case (MSC 0457D or ONE-121) form. The form must indicate the program and the amount of the benefit reduction to be applied toward the existing overpayment. Staff should refer individuals directly to ORU for these voluntary requests. ORU will explain to individuals the available benefits that can be applied toward the existing overpayment; ensure the MSC 0457D or ONE-121 is completed and signed; adjust the EBT account accordingly; apply the requested amount to the overpayment balance; and narrate the action taken. ODHS|OHA may recover an overpayment by offset as follows: • Using the collection services provided by the Department of Revenue and any other state or federal agency to collect a liquidated claim established by:

Š A court judgment

Š A confession of judgment

Š A document signed or acknowledged by the debtor that acknowledges the debt, such as: » ODHS|OHA-designated form to acknowledge an IPV (see Agreement to Intentional Program Violation, Temporary Assistance to Needy Families (TANF – cash for families), Supplemental Nutrition Assistance Program (SNAP – food benefits) Waiver of Right to Hearings (MSC 0649C), Agreement to Waive Child Care Provider Hearing for Intentional Program Violation (MSC 0649CP)) » A plea-bargain agreement » Any other document acknowledging the overpayment.

Š A written notification of overpayment from ODHS|OHA to the debtor, advising the debtor of the basis and amount of the overpayment and the right to request a hearing, if the debtor has exhausted their rights of administrative appeal

Š A written communication from the debtor acknowledging the debt. » A voluntary agreement to reduce benefits, participation in a voluntary payment plan or a mandatory reduction, does not prevent or preclude recovery from other sources, such as state income tax refund offset. • Through use of a warrant authorized by ORS 411.703. Upon issuance of the warrant, ODHS|OHA may issue a notice of garnishment in accordance with ORS 18.854 (Notices of garnishment generally) • The amount of any retroactive payment or restoration of lost benefits otherwise payable to the individual,