Current through Register No. 40, October 3, 2024
(a) For the
purposes of
RSA 282-A:165,
II of the New Hampshire unemployment
compensation law an individual who has received benefits later found to be
overpaid shall be without fault in causing the overpayment where:
(1) Such individual is paid benefits which
should not have been paid because the authorized representative of the
commissioner either had and failed to use, or did not attempt to obtain,
information which the authorized representative had reason to know existed and
which was necessary to make a correct decision;
(2) Such individual is paid benefits based in
whole or in part on annual earnings incorrectly assigned to the individual,
except the amount of benefits determined in whole or in part upon annual
earnings listed as being wages paid by an employer for whom the claimant
performed no services within the affected base year;
(3) Such individual is paid benefits after
the individual has exhausted the maximum benefits available to the
individual;
(4) Such individual is
paid benefits with respect to any week for which the individual has been
previously determined to be disqualified or ineligible;
(5) Such individual is paid benefits where
such benefits were paid due to an authorized representative of the commissioner
incorrectly computing wages under
RSA
282-A:32, and such representative at the time
had the information necessary for a correct computation; or
(6) Such individual was without fault under
Emp 502.03(b).
(b) For
the purposes of
RSA 282-A:165,
II of the New Hampshire unemployment
compensation law an individual who has received benefits later found to be
overpaid shall be with fault in causing the overpayment where the overpayment
resulted totally or partially from:
(1) The
individual making a material statement or representation which the individual
knew or should have known was inaccurate;
(2) The individual failing or causing another
to fail to disclose a material fact which the individual knew or should have
known was material; or
(3) The
individual failing to return checks which the individual knew or should have
known were not due.
(c)
In determining whether the individual knew or should have known under (b)
above, the commissioner shall consider the totality of the circumstances,
taking into account any physical, mental, educational or linguistic
limitations, including any lack of facility with the English language the
person has, in applying the following factors to the individual:
(1) The individual's understanding of the
reporting requirements;
(2) The
requirements communicated to the individual to report events affecting
payments;
(3) Knowledge of the
occurrence of events that should have been reported;
(4) Efforts to comply with the reporting
requirements;
(5) Opportunities to
comply with the reporting requirements;
(6) Understanding of the obligation to return
checks which were not due; and
(7)
The extent to which the individual was unable to comply with reporting
requirements due to age, comprehension, memory, physical, mental, educational,
linguistic, English language proficiency, or similar limitations.
#2234, eff 1-1-83; ss by #2930, eff 12-21-84, EXPIRED:
12-21-90
New. #5152, eff 5-6-91; ss by
#6504, INTERIM, eff 5-5-97, EXPIRED: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED:
9-2-05
New. #8470, INTERIM, eff 11-1-05,
EXPIRED: 4-30-06
New. #8625, eff 5-6-06; ss by
#9628, INTERIM, eff 1-1-10, EXPIRED: 6-30-10
New. #9745, eff
7-1-10
