Connecticut Administrative Code › Title 31 - Labor › 273 - Collection of Overpayments of Unemployment Compensation Benefits › Section 31-273-3 - Recovery of non-fraud overpayments

Current through July 10, 2024
(a) Except as
			 provided in subsections (b) and (c) of this section, where the Administrator
			 determines that any sum of benefits which was overpaid to an individual for
			 reasons other than fraud, wilful misrepresentation or wilful nondisclosure of a
			 material fact by the individual or through the agency of another should not be
			 waived pursuant to Section
			 31-273-4 of the
			 Regulations of Connecticut State Agencies, and such decision has become final,
			 such overpayment shall be recouped by offset from any unemployment benefits
			 subsequently payable to the individual in an amount equal to fifty percent of
			 the individual's weekly benefit entitlement, rounded to the next lower whole
			 dollar where such amount is not a whole dollar.
(b) Notwithstanding the provisions of
			 subsection (a) of this section, during any weeks in which the Administrator has
			 established that an "extended benefit period," as defined in Section
			 31-232b(a)(1)
			 of the Connecticut General Statutes exists, the Administrator shall offset any
			 overpayment to an individual which is not due to fraud, wilful
			 misrepresentation or wilful nondisclosure of a material fact by the individual
			 or through the agency of another from any unemployment benefits subsequently
			 payable to the individual in an amount equal to fifty percent of the
			 individual's weekly benefit entitlement, rounded to the next lower whole dollar
			 where such amount is not a whole dollar.
(c) Notwithstanding the provisions of
			 subsection (a) of this section, during any week in which an individual's weekly
			 benefit amount, prior to offset for any other purpose, is less than one hundred
			 dollars, the Administrator shall offset any overpayment which is not due to
			 fraud, wilful misrepresentation or wilful nondisclosure of a material fact by
			 the individual or through the agency of another from any unemployment benefits
			 subsequently payable to the individual in an amount equal to twenty-five
			 percent of the individual's weekly benefit entitlement, rounded to the next
			 lower whole dollar where such amount is not a whole dollar.
(d) Any direct repayment by an individual of
			 a portion of an overpayment under this section shall not preclude the
			 Administrator from seeking the remaining portion of the overpayment as
			 otherwise specified in this section.
(e) Whenever the Administrator determines
			 that an individual has been overpaid benefits under this section because, as
			 the result of a reduction in the individual's weekly benefit rate pursuant to
			 Section
			 31-231a
			 or
			 31-227(g)
			 of the Connecticut General Statutes, the individual has already received a sum
			 equal to or in excess of the individual's maximum limitation on total benefits,
			 pursuant to Section
			 31-231b
			 of the Connecticut General Statutes, the Administrator shall afford the
			 individual the opportunity to:
(1) waive the
			 offset provisions of subsection (a), or (b) or (c) of this section, if
			 applicable;
(2) offset all benefits
			 determined to be overpaid by fifty percent against the individual's
			 overpayment; and
(3)
			 Notwithstanding the provisions of subsection (a) of this section, during any
			 week in which an individual's weekly benefit amount, prior to offset for any
			 other purpose, is less than one hundred dollars, the Administrator shall offset
			 any overpayment which is not due to fraud, wilful misrepresentation or wilful
			 nondisclosure of a material fact by himself or through the agency of another
			 from any unemployment benefits subsequently payable to the individual in an
			 amount equal to twenty-five percent of the individual's weekly benefit
			 entitlement, rounded to the next lower whole dollar where such amount is not a
			 whole dollar.
Any portion of the individual's overpayment which is not offset
				in accordance with the provisions of this subsection shall be recouped by the
				Administrator from any unemployment benefits payable to the individual in any
				subsequent benefit year in accordance with the provisions of subsection (a), or
				(b) or (c) of this section, if applicable.