N.J. Admin. Code § 12:17-14.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 12:17-14.2 - Waiver of recovery of benefit overpayment

(a) Upon request of the claimant or the claimant's representative, the Director may grant the claimant a full waiver of recovery of an overpayment of benefits only after the Director has determined that the claimant has not misrepresented or withheld any material fact in obtaining benefits and only under the following circumstances:

1. Where the claimant is deceased;

2. Where the claimant is disabled and no longer able to work; or

3. Where the recovery of the overpayment, as determined by the Director with the Controller's concurrence, would be patently contrary to the principles of equity.

(b) For purposes of determining under (a) above whether a claimant is prohibited from receiving a waiver of recovery of an overpayment of benefits because he or she misrepresented or withheld any material fact in obtaining benefits, either the willful or the negligent misrepresentation or withholding of any material fact shall, alone, constitute sufficient grounds for a determination by the Director that the claimant is not eligible to receive a waiver of recovery of an overpayment of benefits.

(c) For purposes of determining under (a)2 above whether a claimant is "disabled and no longer able to work", a claimant's current receipt of Social Security disability benefits may be deemed evidence of current permanent disability. The Director may also accept a diagnosis of permanent disability from the claimant's physician. In addition, the Director has the discretion to require the claimant to submit to an impartial physical examination by a legally-licensed physician at the expense of the State.

(d) For purposes of determining under (a)3 above whether the recovery of the overpayment would be "patently contrary to the principles of equity," the Director and Controller shall consider whether the terms of a reasonable repayment schedule would result in economic hardship to the claimant.

(e) Any appeal from a denial of a waiver of recovery will be in accordance with N.J.A.C. 1:12, the rules governing unemployment benefit cases.

N.J. Admin. Code § 12:17-14.2

Amended by R.2003 d.276, effective 7/7/2003.
See: 35 New Jersey Register 1527(a), 35 New Jersey Register 2874(b).
Rewrote (a); added a new (b); recodified former (b) as (c).
Amended by R.2006 d.304, effective 8/21/2006.
See: 38 New Jersey Register 1513(a), 38 New Jersey Register 3308(a).
Deleted (a) and (b); recodified (c) as (e); and added new (a) through (d).