Current through August 30, 2024
(a) A determination
of overpayment liability issued under
AS
23.20.390 will include a statement of the
right to request a waiver of repayment of the overpayment. An individual may
request a waiver within 30 days after the date on which the determination of
liability becomes final. The director may extend this period if the request is
delayed by circumstances beyond the individual's control.
(b) The director shall waive repayment of an
overpayment of benefits to an individual under
AS
23.20.390 if
(1) the individual has died or received the
benefits in good faith;
(2)
repayment would be against equity and good conscience; and
(3) the request for a waiver meets the
requirements of this section.
(c) Benefits have been received in good faith
if the overpayment was received without fault by the individual, and the
individual did not have the capacity to recognize that he or she was
incorrectly overpaid. Benefits have not been received in good faith if the
individual
(1) negligently reports or fails
to report information, which results in the overpayment; or
(2) knew or should have known that the
individual was not lawfully entitled to receive the benefits.
(d) Repayment of an overpayment is
against equity and good conscience if
(1)
repayment in 12 consecutive monthly installments would cause great hardship to
the individual, considering the current and potential income and other
financial resources available to the individual and the individual's
family;
(2) the overpayment
resulted from a decision of the department or a court overturning a
determination of eligibility made at any level of appeal, and the individual
did not withhold or conceal pertinent information on any claim for benefits or
in any investigation or proceeding;
(3) the individual received the overpaid
benefits by relying on clearly incorrect advice, given to the individual by the
division or an employment security agency of another state, which the
individual could not recognize as incorrect; or
(4) the overpayment cannot be waived under
(1) - (3) of this subsection, but the department determines that recovery would
be injurious to the individual after consideration of the standards in (1) -
(3) of this subsection, and any extraordinary circumstances.
(e) A waiver of repayment of the
overpayment will not be granted if the overpayment is the result of a false
statement or misrepresentation of a material fact, or failure to report a
material fact.
(f) The director may
waive a portion of an overpayment if recovery of the full amount would be
against equity and good conscience under (d) of this section.
(g) The director shall not waive an
overpayment if waiving the overpayment would cause the individual to receive
more than the individual's maximum weekly benefit amount or maximum entitlement
of benefits.
(h) To recover an
overpayment established under
AS
23.20.390, the director may
(1) accept payment, in full, or as part of a
repayment schedule under an agreement by the individual and the department, by
cash, check, money order, or credit card;
(2) deduct the full weekly benefit amount for
each week that benefits are payable to an individual until the overpayment is
recovered; or
(3) upon request of
the individual, deduct at a rate of 50 percent of the full weekly benefit
amount if
(A) the individual received the
overpaid benefits in good faith as described in (c) of this section;
(B) sufficient benefits are available to the
individual when the overpayment liability is established to allow recovery of
the overpayment at a rate of 50 percent of the full weekly benefit amount;
and
(C) the amount of the
overpayment is greater than two times the full weekly benefit amount.
(j) If the director is
unable under (h) of this section to recover an overpayment owed by an
individual, the director may pursue recovery of the overpayment through a
(1) claim against the individual's permanent
fund dividend under
8 AAC 85.225; and
(2) civil action against the
individual.
(k) For the
purposes of this section,
(1) "family"
includes all persons living in a single residence who are related to each other
by blood, marriage, or adoption, including stepchildren and stepparents;
however, it does not include an individual aged 18 or older who receives less
than 50 percent of support from the family and who is not the principal earner
or the spouse of the principal earner of the family;
(2) "financial resources" includes assets,
such as stocks, bonds, interest in mutual funds, cash, and credit union or
savings accounts; "financial resources" does not include an individual's home
or furnishings, automobiles needed for transportation, clothing, or tools of
the trade;
(3) "great hardship"
means in individual's inability to obtain minimal necessities of food, medical
care, and shelter for the individual or the individual's family for at least 30
days within a period of 90 days after the date of the waiver request;
(4) "full weekly benefit amount" means
(A) the weekly benefit amount as set out in
AS
23.20.350(d); plus
(B) the allowance for dependents, if the
individual receives one under
AS
23.20.350(f); less
(C) amounts deductible under
AS
23.20.360,
23.20.362,
and 8 AAC 85.140;
(5) "income" includes income from all
sources, including benefits under AS 23.20.
Authority:AS
23.20.045
AS
23.20.390
AS 43.23.072
