Ala. Admin. Code r. 480-4-4-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 480-4-4-.03 - Determination And Collection Of Overpayments

(1) A determination that a claimant, by reason of claimant's own fault, fraud, misrepresentation, failure to report or disclose a material fact, departmental error or payment of benefits pending appeal that finally results in disqualification, has received benefits to which the claimant was not entitled, shall be made by the Director on the basis of such facts as are obtained.

(2) Whenever it is found that a claimant has received benefits, and has been assessed with an overpayment, no further benefits shall be paid to such claimant until the total amount of overpayment has been reimbursed by cash or offset, or liquidated in a manner provided for in these rules.

(3) The account of an employer who is required, or elects, to make payments in lieu of contributions, upon recovery either by cash or offset shall be credited in the amount of the recovered overpayment that is attributable to wages paid such employer.

(4) The cancellation of benefits, by penalty or reduction Code of Ala. 1975, §§ 25-4-78 and 25-4-145, will not affect the amount of the overpayment or the balance due.

(5) Credit against the overpayment by offset shall be made only when a payable week of benefits is claimed and has been offset against the overpayment. Once a week of benefits has been used to offset an overpayment the offset is final. If the week used to offset is later determined to be invalid an overpayment will be established for that week and no adjustment will be made to the previous offset.

Author: Harold Thomas

Ala. Admin. Code r. 480-4-4-.03

Effective: 9/30/82. Amendment Effective: 2/27/84 This rule is intended to implement Code of Ala. 1975, §§ 25-4-91, 25-4-92, 25-4-134 and 24-4-143.

Statutory Authority:Code of Ala. 1975, §§ 25-2-7, 25-2-8 and 25-4-111.