Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW
Subchapter 3 - CLAIMS FOR BENEFITS; DETERMINATIONS; APPEALS
Section 12-5-85 - Recovery of benefits paid
Universal Citation: HI Admin Rules 12-5-85
Current through August, 2024
Any person who has received any amount as benefits to which that person was not entitled shall be liable for such amount unless the overpayment was received without fault on the part of the recipient and its recovery would be against equity and good conscience.
(1) "Fault" shall be defined as:
(A) A material statement made by the
individual which the individual knew or should have known to be incorrect;
or
(B) Failure to furnish
information which the individual knew or should have known to be material;
or
(C) Acceptance of a payment
which the individual either knew or reasonably could have been expected to know
was incorrect.
(2) In determining whether recovery of overpayments would be against equity and good conscience, the factors which the department may consider include, but are not limited to:
(A) Whether notice of a
redetermination was given to the claimant as required by section
383-44(a),
Hawaii Revised Statutes;
(B)
Hardship to the claimant that the repayment may impose; and
(C) The effect, if any, that repayment will
have upon the fulfillment of the objectives of the program.
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