Current through Register Vol. 24-18, September 15, 2024
The department will waive overpayments for federally funded
benefits when:
(1) The individual
answered "no" to being able to work and available for work and:
(a) The state paid Pandemic Unemployment
Assistance, Federal Pandemic Unemployment Compensation, or Pandemic Emergency
Unemployment Compensation without adjudicating the eligibility issue;
(b) Upon requesting additional information
from the individual, the individual either did not respond or the individual
confirmed that they were not able to work nor available for work for the week
in question; and
(c) The paid
benefits resulted in an overpayment for that week.
(2) The individual answered "no" to being
unemployed, partially unemployed, or unable or unavailable to work because of
the approved COVID-19-related reasons provided in
15 U.S.C. §
9021(a)(3)(A)(ii)(I) and:
(a) The state paid Pandemic Unemployment
Assistance anyway;
(b) Following a
request from the department for a new self-certification, the individual either
did not respond or the individual confirmed that none of the approved
COVID-19-related reasons were applicable; and
(c) The state's payment of these benefits
resulted in an overpayment for that week.
(3) The individual complied with instructions
from the department to submit proof of earnings to be used in calculating the
individual's Pandemic Unemployment Assistance weekly benefit amount and:
(a) Through no fault of the individual, the
department's instructions were either inadequate or the department incorrectly
processed this calculation using self-employment gross income instead of net
income or documents from an inapplicable tax year, resulting in an incorrect
higher Pandemic Unemployment Assistance weekly benefit amount; and
(b) The department established an overpayment
for the difference in the individual's Pandemic Unemployment Assistance weekly
benefit amount.
(4) The
individual complied with instructions from the department to submit proof of
earnings to be used in calculating the individual's Mixed Earner Unemployment
Compensation weekly benefit amount and:
(a)
Through no fault of the individual, the department's instructions were either
inadequate or the department incorrectly processed this calculation using
self-employment gross income instead of net income or documents from an
inapplicable tax year, resulting in an incorrect higher Mixed Earner
Unemployment Compensation weekly benefit amount; and
(b) The department established an overpayment
for the difference in the individual's Mixed Earner Unemployment Compensation
weekly benefit amount.
