Section Emp 408.06 - Factors to be Considered Factors to be considered in determining whether the total or partial compromise of an overpaid benefit account is in "the best interests of the state" for purposes of RSA 282-A:29, shall include whether:
(a) The debtor has made an offer of partial payment that is reasonable relative to the amount of the debt and the debtor's ability to make total or partial payment over the course of a reasonable period of time; (b) The debtor made payments on the overpayment as promptly as the debtor was financially able;(c) The debtor agreed to a payment schedule and amount consistent with the debtor's ability to pay;(d) The debtor made payments substantially in compliance with any payment schedule or court order;(e) The debtor contacted the department if any payments were going to be late or less than the agreed amount;(f) The debtor provided any financial affidavit or other financial information that was needed by the department to determine the debtor's ability to pay;(g) The debtor kept the department informed of the debtor's telephone numbers, sources of income, physical addresses and mailing addresses;(h) The debtor promptly responded to communications from the department;(i) The debtor assured that checks were not returned due to insufficient funds; (j) The debtor cooperated so that it was not necessary for the departmentto take legal action to collect theoverpayment;(k) The debtor was not found overpaid as a result of fraud;(l) The debtor was not found to have been with fault in the creation of the overpayment pursuant to RSA 282-A:165, II and Emp 502.03;(m) The debtor was found to have been with fault in (k), but the nature of the debtor's fault was mere negligence, rather than omissions or commissions which were unreasonable, grossly negligent, reckless, knowing, or willful;(n) The debtor, if currently unable to make payment, is not likely to have a substantial improvement in ability to pay within 12 months;(o) The debtor has income or assets which, after considering total household income, are in excess of those required for the necessaries for the debtor and the debtor's immediate family residing in the same household;(p) The debtor has income or assets which are not exempt from garnishment, levy, or execution under federal or state law;(q) The debtor has an ability to pay that is substantially limited when compared to the amount of the debt;(r) The debtor has a partial or entire overpayment benefit account that resulted from payments from a reimbursing employer, and the reimbursing employer does not object to compromise; (s) The debtor has demonstrated that the debtor currently intends to either refinance the debtor's mortgage or obtain a reverse mortgage, and a lien by the department against the debtor's primary residence would prevent the debtor from doing so;(t) The debtor has any other financial limitations, has acted in any other way that positively demonstrated the debtor's willingness to substantially comply with the department's collection efforts and benefit eligibility determination requirements or has demonstrated other actual harm would result from collection efforts or the failure to grant a partial or total compromise; and(u) The department finds that the total or partial compromise of the overpaid benefit account would, or could affect: (1) Any interested party, as defined in RSA 282-A:42, III, other than a non-objecting reimbursing employer under Emp 408.04(c), or(2) An agency or department of any state or the federal government.N.H. Admin. Code § Emp 408.06
The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/2014 is not yet available.