Code of Massachusetts Regulations
430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE
Title 430 CMR 6.00 - Waiver Regulations
Section 6.05 - Waiver of Recovery of Overpayments
Current through Register 1518, March 29, 2024
(1) No overpayment shall be recovered when, in the judgment of the Commissioner or his authorized representative, the claimant is without fault on his or her part and where recovery of the overpayment would either defeat the purpose of benefits otherwise authorized or would be against equity and good conscience. Fault on the part of the Department in making the overpayment does not relieve the overpaid claimant from liability for repayment if such individual is not without fault.
(2) In any proceedings under 430 CMR 6.05, the overpaid claimant shall have the burden of proving entitlement to a waiver.
(3) Special Relief for Pandemic Overpayments. Individuals who were overpaid unemployment benefits through no fault of their own for weeks in 2020 and 2021, and who request waivers of such overpayments, shall be presumptively entitled to waivers in the following circumstances: