La. Admin. Code tit. 40 § IV-369

Current through Register Vol. 50, No. 4, April 20, 2024

Section IV-369 - Waiver of Overpayment Recovery

A. Requirements for Waiver of Recovery of Overpayments

1. A waiver of the overpayment may be granted only if:

a. the claimant was without fault in causing the overpayment;

b. repayment would be against equity and good conscience; and

c. the claimant provided supporting documentation of his inability to pay in full or according to the repayment table in §371.

2. When a claimant appeals an overpayment determination, a written questionnaire shall be provided to claimant for an answer. The claimant shall return the completed questionnaire to the administrator within 15 days of the date of such questionnaire. If the claimant fails to return the completed questionnaire timely, then the waiver shall be denied.

3. In any proceedings, under this rule, the overpaid claimant shall have the burden of proving entitlement to a waiver.

B. Determination of Fault

1. To determine if fault existed on the part of the claimant, the factors considered shall include:

a. gave inaccurate information;

b. failed to disclose a material fact;

c. knew or should have known that he/she is not entitled to the benefits;

d. caused the overpayment by an act of omission of information known to the claimant; or

e. had a determination of ineligibility due to fraud.

2. An affirmative finding on any one of the above precludes waiver of the overpayment.

C. Equity and Good Conscience Determination

1. In determining whether recovery of the overpayment would be against equity and good conscience, the factors considered shall include:

a. financial and other information provided in response to the agency's request, which shall include information about:

i. all financial resources available to the claimant and members of the claimant's household;

ii. the claimant's living expenses, including, but not by way of limitation, expenses for:

(a). food;

(b). clothing;

(c). rent;

(d). debt payment;

(e). obligations;

(f). accident and health insurance;

(g). medical care;

(h). taxes;

(i). work related transportation; and

(j). the support of others for whom the claimant is legally responsible; and

iii. any other factors that impact the claimant's ability to cover ordinary living expenses for at least six months;

2. whether the claimant was given notice that a reversal on appeal would result in an overpayment.

D. All notices of determination of overpayment shall include information regarding rights of appeal and waiver provisions.

La. Admin. Code tit. 40, § IV-369

Promulgated by the Department of Labor, Office of Employment Security, LR 15:1086 (December 1989), repromulgated LR 17:48 (January 1991), amended by the Workforce Commission, Office of Unemployment Insurance, LR 39:2315 (August 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1471-1713.