411.710 Basis
for granting general assistance; rules. (1) General assistance shall be granted in accordance
with the rules and regulations of the Department of Human Services and on the
basis of need, taking into account the income, resources and maintenance
available to the individual from whatever source derived and the necessary
expenditures of the individual and the conditions existing in each case.
(2) With respect
to health services and needs to be provided in any general assistance programs
during any period, and within the limits of funds available therefor, the
department shall determine and fix, subject to such revisions as it may make
from time to time:
(a) The types and
extent of health services and needs to be provided to applicants and
recipients.
(b) Statewide
uniform standards to be observed in the provision of health services and needs.
(c) The maximum
number of days of health services and needs toward the cost of which general
assistance funds will be expended in the care of any applicant or recipient.
(d) Schedules of
maximum fees, charges and daily rates to which general assistance funds will be
applied toward meeting the costs of providing health services and needs to an
applicant or recipient.
(3) The types and
extent of health services and needs and the amounts to be paid in meeting the
costs thereof, as determined and fixed by the department, shall be the total
general assistance available to applicants and recipients for health services
and needs and the total amounts from general assistance funds available to
vendors in meeting such costs.
(4) Payments of
general assistance for medical care and services shall constitute payment in
full for all such care and services for which the payments were made. [Amended
by 1965 c.556 §18]
Notes of Decisions
Cited in
7
cases, 1977–2001 · leading case:
Smith v. Peet, 564 P.2d 1083 (Or. Ct. App. 1977).
Smith v. Peet, 564 P.2d 1083 (Or. Ct. App. 1977).
· cites it 6× “The issue on appeal is whether ORS 411.710(1) requires general assistance to be granted by the Public Welfare Division (PWD) to employable but involuntarily unemployed persons who otherwise meet eligibility requirements.”
Berwick v. Adult & Fam. Servs. Div., 703 P.2d 994 (Or. Ct. App. 1985).
“The purpose of the contested case procedure is partly to protect a claimant who is improperly denied assistance, but it is also partly to aid AFSD in making the correct decision by giving those concerned an opportunity to bring out and explain all evidence relevant to the…”
In Re Rutter, 204 B.R. 57 (Bankr. D. Or. 1997).
“The statutes provide, in pertinent part as follows: ORS 411.710 Basis for granting general assistance.”
Ormsby v. Adult & Fam. Servs. Div., 699 P.2d 165 (Or. 1985).
· cites it 2× “ORS 411.710 and ORS 411.730 give broad rulemaking authority to AFSD and require that eligibility for general assistance benefits be determined in accordance with agency rules.”
Allen v. Adult, 588 P.2d 645 (Or. Ct. App. 1978).
· cites it 2× “Because sharing of housing did not actually reduce his shelter costs, petitioner argues, he should have an opportunity to rebut the presumption of reduced need that is implied in the rule requiring share-fractioning of his grant.”
Huxford v. Adult & Fam. Servs. Div., 23 P.3d 390 (Or. Ct. App. 2001).
“010(2); ORS 411.710 to ORS 411.803. Rather, she argues that they are a form of public assistance, which ORS 411.”
Koepke v. Senior & Disabled Servs. Div., 7 P.3d 553 (Or. Ct. App. 2000).
“Claimant seeks review of the final order of the Senior and Disabled Services Division (SDSD) denying claimant general assistance benefits for disability, ORS 411.710. Claimant seeks reversal of SDSD’s determination that claimant did not meet the general assistance impairment…”
— Or. Rev. Stat. § 411.710(1) — 4 cases
Smith v. Peet, 564 P.2d 1083 (Or. Ct. App. 1977).
“The issue on appeal is whether ORS 411.710(1) requires general assistance to be granted by the Public Welfare Division (PWD) to employable but involuntarily unemployed persons who otherwise meet eligibility requirements.”
Berwick v. Adult & Fam. Servs. Div., 703 P.2d 994 (Or. Ct. App. 1985).
“The purpose of the contested case procedure is partly to protect a claimant who is improperly denied assistance, but it is also partly to aid AFSD in making the correct decision by giving those concerned an opportunity to bring out and explain all evidence relevant to the…”
Allen v. Adult, 588 P.2d 645 (Or. Ct. App. 1978).
“Because sharing of housing did not actually reduce his shelter costs, petitioner argues, he should have an opportunity to rebut the presumption of reduced need that is implied in the rule requiring share-fractioning of his grant.”
Ormsby v. Adult & Fam. Servs. Div., 699 P.2d 165 (Or. 1985).
“ORS 411.710 and ORS 411.730 give broad rulemaking authority to AFSD and require that eligibility for general assistance benefits be determined in accordance with agency rules.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.