Louisiana Administrative Code
Title 40 - LABOR AND EMPLOYMENT
Part IV - Employment Security
Subpart 1 - Board of Review
Chapter 3 - Employment Security Law
Section IV-369 - Waiver of Overpayment Recovery
Universal Citation: LA Admin Code IV-369
Current through Register Vol. 50, No. 9, September 20, 2024
A. Requirements for Waiver of Recovery of Overpayments
1. A waiver of the overpayment may be granted
only if:
a. the claimant was without fault in
causing the overpayment;
b.
repayment would be against equity and good conscience; and
c. the claimant provided supporting
documentation of his inability to pay in full or according to the repayment
table in §371
2. When a claimant appeals an
overpayment determination, a written questionnaire shall be provided to
claimant for an answer. The claimant shall return the completed questionnaire
to the administrator within 15 days of the date of such questionnaire. If the
claimant fails to return the completed questionnaire timely, then the waiver
shall be denied.
3. In any
proceedings, under this rule, the overpaid claimant shall have the burden of
proving entitlement to a waiver.
B. Determination of Fault
1. To determine if fault existed on the part
of the claimant, the factors considered shall include:
a. gave inaccurate information;
b. failed to disclose a material
fact;
c. knew or should have known
that he/she is not entitled to the benefits;
d. caused the overpayment by an act of
omission of information known to the claimant; or
e. had a determination of ineligibility due
to fraud.
2. An
affirmative finding on any one of the above precludes waiver of the
overpayment.
C. Equity and Good Conscience Determination
1. In
determining whether recovery of the overpayment would be against equity and
good conscience, the factors considered shall include:
a. financial and other information provided
in response to the agency's request, which shall include information about:
i. all financial resources available to the
claimant and members of the claimant's household;
ii. the claimant's living expenses,
including, but not by way of limitation, expenses for:
(a). food;
(b). clothing;
(c). rent;
(d). debt payment;
(e). obligations;
(f). accident and health insurance;
(g). medical care;
(h). taxes;
(i). work related transportation;
and
(j). the support of others for
whom the claimant is legally responsible; and
iii. any other factors that impact the
claimant's ability to cover ordinary living expenses for at least six
months;
2.
whether the claimant was given notice that a reversal on appeal would result in
an overpayment.
D. All notices of determination of overpayment shall include information regarding rights of appeal and waiver provisions.
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1471-1713.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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