411.010
Definitions. As
used in this chapter and in other statutes providing for assistance and
services to needy persons, unless the context or a specially applicable
statutory definition requires otherwise:
(1) “General
assistance” means assistance or service of any character provided to needy
persons not otherwise provided for to the extent of such need and the
availability of funds, including medical, surgical and hospital or other
remedial care.
(2) “Public
assistance” means the following types of assistance:
(a) Temporary
assistance for needy families granted under ORS 412.001 to 412.069;
(b) General
assistance granted under ORS 411.710 to 411.730 or 411.752;
(c) Assistance
provided by the Oregon Supplemental Income Program;
(d) General
assistance other than general assistance granted under ORS 411.710 to 411.730
or 411.752; and
(e) Any other
functions, except the administration of medical assistance by the Oregon Health
Authority, that may be delegated to the Director of Human Services by or in
accordance with federal and state laws. [Amended by 1961 c.620 §1; 1963 c.599 §1;
1965 c.556 §15; 1969 c.597 §228; 1971 c.779 §7; 1973 c.464 §1; 1997 c.581 §4;
2005 c.381 §4; 2011 c.720 §90; 2013 c.688 §32; 2015 c.70 §5; 2016 c.93 §3]
411.040 [1969 c.597 §227; 1983 c.740 §140;
1999 c.59 §106; repealed by 2001 c.900 §261]
411.050 [Amended by 1969 c.314 §34;
repealed by 1969 c.597 §281]
Notes of Decisions
Cited in
18
cases, 1967–2002 · leading case:
State v. Willy, 585 P.2d 762 (Or. Ct. App. 1978).
State v. Willy, 585 P.2d 762 (Or. Ct. App. 1978).
“630 provides, in pertinent part: "(1) No person shall knowingly obtain or attempt to obtain, for the benefit of himself or any other person, any public assistance, as defined in ORS 411.010, to which he or such other person is not entitled under state law by means of: ******…”
Smith v. Peet, 564 P.2d 1083 (Or. Ct. App. 1977).
“ORS 411.010. By rule, with certain exceptions, PWD grants general assistance to unemployable persons only.”
Nelson v. Adult & Fam. Servs. Div., 601 P.2d 899 (Or. Ct. App. 1979).
· cites it 2× “«He ****’’ 2 OAR 461.03-075: "Eligibility for an assistance payment shall be determined and a check, vendor payment, or denial notice shall be issued within 30 days from the date of the request for OAA, AB, ADC, or GA, or within 60 days from the date of the request for AD,…”
Schofield v. Pub. Welfare Div., 554 P.2d 552 (Or. Ct. App. 1976).
· cites it 2× “” ORS 411.010(2). A Community Work and Training Program, as authorized by ORS 418.”
Brown v. Adult & Fam. Servs. Div., 608 P.2d 197 (Or. Ct. App. 1980).
· cites it 3× “630: "(1) No person shall knowingly obtain or attempt to obtain, for the benefit of himself or of any other person, any public assistance, as defined in ORS 411.010, to which he or such other person is not entitled under state law by means of: "(a) Any false representation or…”
Thomas v. State ex rel. Senior & Disabled Servs. Div., 878 P.2d 1081 (Or. 1994).
· cites it 2× “125(1), which provides in part: “If the applicable assets of the estate are insufficient to pay all expenses and claims in full, the personal representative shall make payment in the following order: ce* * * * * “(h)' The claim of the Adult and Family Services Division for the…”
Minor v. Adult & Fam. Servs. Div., 804 P.2d 1170 (Or. Ct. App. 1991).
“640 provides: “No person shall receive, either for the benefit of the person or for the benefit of any other person, any amount or type of general assistance or public assistance, as defined in ORS 411.010, to which the person or such other person is not entitled under state law.”
Warner v. Pub. Welfare Div., 555 P.2d 1266 (Or. Ct. App. 1976).
· cites it 2× “336; see ORS 411.010(2), 411.710 through 411.795; OAR 461-5.”
State Ex Rel. Wick v. Wick, 586 P.2d 400 (Or. Ct. App. 1978).
“110 provides in pertinent part: "(1) Any married person or state agency which is providing public assistance, as defined by ORS 411.010 or care, support or services as provided in ORS 418.”
Thomas v. Senior & Disabled Serv. Div., 878 P.2d 1081 (Or. 1994).
· cites it 2× “125(1), which provides in part: "If the applicable assets of the estate are insufficient to pay all expenses and claims in full, the personal representative shall make payment in the following order: "* * * * * "(h) The claim of the Adult and Family Services Division for the net…”
Oregon State Pharm. Ass'n v. State Pub. Welfare Comm'n, 432 P.2d 296 (Or. 1967).
“Plaintiffs say that to thus continue the purchase of drugs at the same level as before and prorate payments to the druggists was contrary to the theory of the allotment system and to various provisions of the public assistance statute which limit the Commission in providing…”
— Or. Rev. Stat. § 411.010(2) — 5 cases
Schofield v. Pub. Welfare Div., 554 P.2d 552 (Or. Ct. App. 1976).
“” ORS 411.010(2). A Community Work and Training Program, as authorized by ORS 418.”
— Or. Rev. Stat. § 411.010(3) — 8 cases
Schofield v. Pub. Welfare Div., 554 P.2d 552 (Or. Ct. App. 1976).
“” ORS 411.010(2). A Community Work and Training Program, as authorized by ORS 418.”
Thomas v. State ex rel. Senior & Disabled Servs. Div., 878 P.2d 1081 (Or. 1994).
“125(1), which provides in part: “If the applicable assets of the estate are insufficient to pay all expenses and claims in full, the personal representative shall make payment in the following order: ce* * * * * “(h)' The claim of the Adult and Family Services Division for the…”
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