Connecticut Administrative Code
Title 31 - Labor
273 - Collection of Overpayments of Unemployment Compensation Benefits
Section 31-273-2 - Non-fraud overpayments: Notice, fact-finding and determination
Current through September 9, 2024
(a) Where the Administrator determines that an individual has through error received any sum as benefits while any condition for the receipt of benefits imposed by Chapter 567 of the General Statutes was not fulfilled with respect to the individual's claim, or that an individual has received a greater amount of benefits than was due such individual, such individual shall be charged with an overpayment of a sum equal to the amount so overpaid. The Administrator shall take such action unless the Administrator determines that repayment or recoupment would defeat the purpose of the benefits or be against equity and good conscience and should be waived pursuant to Section 31-273-4 of the Regulations of Connecticut State Agencies. The Administrator shall charge the individual with an overpayment only so long as such error has been discovered and brought to the individual's attention within one year of the date of receipt of such benefits, except as provided in subsection (i) of this section.
(b) Where the Administrator identifies a question of eligibility pursuant to Chapter 567 of the Connecticut General Statutes with respect to one or more weeks for which an individual was previously paid any sum of benefits, the Administrator shall give adequate notice to the individual that a fact-finding process will be held by the Administrator for the purpose of determining whether the individual was eligible for benefits for such week or weeks. Notification of the fact-finding process to the individual shall include:
The fact-finding process held by the Administrator shall be conducted in accordance with the provisions of Section 31-273-8 of the Regulations of Connecticut State Agencies.
(c) Where the individual is determined to be ineligible for benefits as the result of fact-finding conducted in accordance with the provisions of Section 31-273-8 of the Regulations of Connecticut State Agencies or upon review of the available record, the Administrator shall issue a determination which contains the following information:
However where, as the result of a fact-finding conducted pursuant to subsection (b) of this section, the Administrator determines that an individual has been overpaid benefits but that additional evidence is necessary to make a proper determination as to whether such overpayment should be waived, pursuant to Section 31-273-4 of the Regulations of Connecticut State Agencies, and that such evidence could be obtained by the individual within a reasonable period of time, the Administrator may issue a determination with respect to subdivisions (1), (2) and (3) of this subsection immediately, and issue a subsequent determination with respect to subdivisions (4) and (5) of this subsection after the individual has been afforded a reasonable opportunity to present any additional evidence to support the individual's request for waiver of the overpayment. In each determination, the Administrator shall afford the individual statutory appeal rights.
(d) Where the Administrator detects that an individual has been overpaid benefits as a result of a clerical or computational error in the processing of any weekly claim for benefits, the Administrator shall notify the individual that the individual has been charged with an overpayment of such benefits, the amount of the overpayment and that the individual has a right to a fact-finding process to be held by the Administrator to address:
In addition, the Administrator shall notify the individual that if the individual does not exercise the individual's right to such fact-finding process within fourteen days of the date such notification was mailed, or if the individual waives in writing the individual's right to such fact-finding the Administrator shall issue a determination with respect to these issues on the basis of the record available to the Administrator, which may be appealed to the Employment Security Appeals Division. Where an individual exercises such individual's right to a fact-finding, the Administrator shall issue a formal notice containing the provisions outlined in subsection (b) of this section. The fact-finding shall be conducted in accordance with the provisions in Section 31-273-8 of the Regulations of Connecticut State Agencies. Where the Administrator concludes during the course of such fact-finding that an overpayment does not exist, those issues relating to overpayment in subdivisions (2), (3), and (4) of this subsection shall not be addressed in such fact-finding.
(e) Where an overpayment is found to exist as a result of the fact-finding or review of the available record referred to in subsection (d) of this section, the Administrator shall issue a determination which contains the following information:
(f) Where the Administrator determines that an individual has been overpaid benefits as the result of a decision by an Appeals Referee, the Board of Review or any state or federal court which reverses a prior decision and which has become final, or as the result of a redetermination of the individual's weekly benefit amount which has become final, the Administrator shall notify the individual that such individual has been charged with an overpayment of such benefits and that the individual has the right to a fact-finding by the Administrator which will consider the following issues only:
(g) Where an individual exercises such individual's right to a fact-finding, pursuant to subsection (f) of this section, the Administrator shall issue a notification of fact-finding which includes:
The fact-finding held by the Administrator shall be conducted in accordance with the provisions of Section 31-273-8 of the Regulations of Connecticut State Agencies.
(h) Following any fact-finding or review of the available record by the Administrator pursuant to subsection (g) of this section, the Administrator shall issue a determination to the individual which contains the following information:
(i) The requirement that error be discovered and brought to the attention of the individual within one year of the date of receipt of benefits, imposed by subsection (a) of this section shall not apply to any overpayment resulting from a decision which was appealed and did not become final within such time limitations. In such cases, overpayment resulting from such error shall be discovered and brought to the attention of the individual within one year from the date upon which the controlling decision became final.