Section 192-230-100 - What amount will be offset from my benefits to repay the overpayment?(1) If you do not repay an overpayment in full or make the minimum monthly payments provided for in WAC 192-230-030, the principal amount will be deducted from benefits payable for any week(s) you claim. Interest, penalties, surcharges, court costs, and charges for dishonored payments will not be deducted from benefit payments; they must be repaid.(2) For overpayments assessed under RCW 50.20.010 because you asked to have your unemployment insurance claim canceled, the amount deducted will be one hundred percent of benefits payable for each week(s) you claim. The department will ensure you are informed of the advantages and/or disadvantages of canceling an existing claim to file a new claim. See WAC 192-110-115.(3) If you are currently claiming benefits, the overpayment will not be offset from future weeks payable unless you have missed a portion of two or more payments as provided in WAC 192-230-030. If you have missed a portion of two or more payments, the overpayment will be offset as described in (a) and (b) below: (a) If the overpayment was caused by a denial for fraud, misrepresentation, or willful nondisclosure as provided in RCW 50.20.070, the amount deducted will be one hundred percent of benefits payable for each week(s) you claim. These overpayments will be collected first.(b) For all other overpayments, the amount deducted will be fifty percent of benefits payable for each week you claim, or such other percentage you request, up to one hundred percent of benefits payable . The percent deducted is based on your total weekly benefit amount, before deductions for such items as pensions, child support, income taxes.(4) If the overpayment has been assessed by another state, the amount deducted will be as follows: (a) For overpayments caused by a denial for fraud, misrepresentation, or willful nondisclosure, the amount deducted will be one hundred percent of benefits payable for each week(s) you claim. These overpayments will be collected first.(b) For all other overpayments, the amount deducted will be fifty percent of benefits payable for each week you claim. However, you may request the overpayment be repaid at one hundred percent of benefits payable for each week you claim.Wash. Admin. Code § 192-230-100
Amended by WSR 16-21-013, Filed 10/7/2016, effective 11/14/2016Statutory Authority: RCW 50.12.010, 51.12.040, and 50.20.010. 08-21-056, § 192-230-100, filed 10/9/08, effective 11/9/08. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. 05-01-076, § 192-230-100, filed 12/9/04, effective 1/9/05.