Monday, March 19, 2012

UC - EUC - overpayment - waiver - procedure

Rouse v. UCBR - Cmwlth. Court - March 15, 2012

Proper method of requesting a waiver of a nonfault overpayment by is through the Dept. of Labor and Industry, not the UCBR.

Here, the Referee and UCBR decided that the claimant had been overpaid, but that the OP was not her fault and, thus, was nonfraud. The issue of whether the OP should be waived was not before the referee or board.

Section 4005(b) of the Emergency Unemployment Compensation Act of 2008 governs repayment of benefit overpayments provides that overpayments can be waived if "repayment would be contrary to equity and good conscience." 26 U.S.C. ยง3304 note.