Section Emp 502.03 - Overpayment Without Fault(a) For the purposes of RSA 282-A:165, II of the New Hampshire unemployment compensation law an individual who has received benefits later found to be overpaid shall be without fault in causing the overpayment where: (1) Such individual is paid benefits which should not have been paid because the authorized representative of the commissioner either had and failed to use, or did not attempt to obtain, information which the authorized representative had reason to know existed and which was necessary to make a correct decision;(2) Such individual is paid benefits based in whole or in part on annual earnings incorrectly assigned to the individual, except the amount of benefits determined in whole or in part upon annual earnings listed as being wages paid by an employer for whom the claimant performed no services within the affected base year;(3) Such individual is paid benefits after the individual has exhausted the maximum benefits available to the individual;(4) Such individual is paid benefits with respect to any week for which the individual has been previously determined to be disqualified or ineligible;(5) Such individual is paid benefits where such benefits were paid due to an authorized representative of the commissioner incorrectly computing wages under RSA 282-A:32, and such representative at the time had the information necessary for a correct computation; or(6) Such individual was without fault under Emp 502.03(b).(b) For the purposes of RSA 282-A:165, II of the New Hampshire unemployment compensation law an individual who has received benefits later found to be overpaid shall be with fault in causing the overpayment where the overpayment resulted totally or partially from: (1) The individual making a material statement or representation which the individual knew or should have known was inaccurate;(2) The individual failing or causing another to fail to disclose a material fact which the individual knew or should have known was material; or(3) The individual failing to return checks which the individual knew or should have known were not due.(c) In determining whether the individual knew or should have known under (b) above, the commissioner shall consider the totality of the circumstances, taking into account any physical, mental, educational or linguistic limitations, including any lack of facility with the English language the person has, in applying the following factors to the individual: (1) The individual's understanding of the reporting requirements;(2) The requirements communicated to the individual to report events affecting payments;(3) Knowledge of the occurrence of events that should have been reported;(4) Efforts to comply with the reporting requirements;(5) Opportunities to comply with the reporting requirements;(6) Understanding of the obligation to return checks which were not due; and(7) The extent to which the individual was unable to comply with reporting requirements due to age, comprehension, memory, physical, mental, educational, linguistic, English language proficiency, or similar limitations.N.H. Admin. Code § Emp 502.03
#2234, eff 1-1-83; ss by #2930, eff 12-21-84, EXPIRED: 12-21-90
New. #5152, eff 5-6-91; ss by #6504, INTERIM, eff 5-5-97, EXPIRED: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05
New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06
New. #8625, eff 5-6-06; ss by #9628, INTERIM, eff 1-1-10, EXPIRED: 6-30-10
New. #9745, eff 7-1-10
Amended by Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12613, Effective 8/23/2018, Expires 8/23/2028.