Monday, April 11, 2016

UC - overpayment - non-fraud - partial v. total liability for benefits received

Stock v. UCBR – Cmwlth. Court – April 8, 2016

UCBR found that claimant made an “honest mistake” in failing to report part-time (PT) earnings over a period during which he received UC benefits.  Board also found that claimant “did not knowingly or intentionally” give false information or withhold information in order to obtain benefits, and that there was no fraud involved.

Under those circumstances, the Board erred in making a finding of “total ineligibility” and requiring claimant to reimburse the Dept. for all of the benefits that he had received.  Rather, claimant should be permitted to settle the overpayment by reimbursing the difference between the amount that he received and the amount that he should have received had his part-time wages been properly reported.

The Board erred in disqualifying him as to all benefits that he received while employed part-time. Instead, the Board should have calculated the non-fraud overpayment by first

            - determining the amount of benefits that Claimant would have received had he properly reported his PT earnings, and then
            - subtracting that amount from the amount Claimant actually received.

The difference between these sums would equal the amount of the non-fraud overpayment.

If the case is old, the link may have become stale and may not work, but you can use the case name, court, and date to find the opinion in another source (e.g., Westlaw, Lexis, Google Scholar)