Current through Register Vol. 48, No. 38, September 20, 2024
a) Benefits paid under state law subject to
recoupment:
1) The entire amount of benefits
previously paid to a claimant later found ineligible pursuant to a reconsidered
Finding or reconsidered Determination, or pursuant to a Decision of a Hearings
Referee or of the Director under Section 604 of the Act, which modifies or sets
aside a Finding or Determination or a reconsidered Finding or reconsidered
Determination. To the extent allowed by law, such benefits will be recouped
from future State or federal benefits payable to a claimant as set forth in
Table A. For purposes of this Section only, if the Board of Review remands a
case to the Hearing Referee who then decides that the claimant is ineligible
for benefits, such Decision shall make any benefits for which the claimant is
then ineligible subject to recoupment.
EXAMPLE: The Referee affirms a Determination by an
Adjudicator holding a claimant eligible for benefits which have been paid to
the claimant. Upon appeal, the Board of Review remands the case back to the
Referee who then sets aside the Adjudicator's Determination and holds the
claimant ineligible. The benefits for which the claimant was overpaid are now
subject to recoupment.
2)
Benefits paid to a claimant for weeks with respect to which he or she received
wages by reason of a back pay award made by a governmental agency or pursuant
to arbitration proceedings or by reason of payment of wages wrongfully withheld
by an employing unit.
b)
Benefits paid under federal programs subject to recoupment:
1) Benefits paid to UCFE-UCX claimants who
have been found ineligible to receive such benefits in a reconsidered Finding
or Determination, or in a Decision of a Hearings Referee or the Director, may
be recouped from either future UCFE-UCX benefits, or State or other federally
funded benefits payable to such claimant.
2) Recoupment of benefits paid to ineligible
claimants under other federal programs administered by the Director shall be
governed by the applicable federal law.
c) Waiver of Recoupment - Recoupment from
future benefits referred to in subsections (a) and (b) may be waived from week
to week in the manner provided in Section
2835.30 of
this Part.