Connecticut Administrative Code › Title 31 - Labor › 273 - Collection of Overpayments of Unemployment Compensation Benefits › Section 31-273-2 - Non-fraud overpayments: Notice, fact-finding and determination

Current through July 10, 2024
(a) Where the Administrator determines that
			 an individual has through error received any sum as benefits while any
			 condition for the receipt of benefits imposed by Chapter 567 of the General
			 Statutes was not fulfilled with respect to the individual's claim, or that an
			 individual has received a greater amount of benefits than was due such
			 individual, such individual shall be charged with an overpayment of a sum equal
			 to the amount so overpaid. The Administrator shall take such action unless the
			 Administrator determines that repayment or recoupment would defeat the purpose
			 of the benefits or be against equity and good conscience and should be waived
			 pursuant to Section
			 31-273-4 of the
			 Regulations of Connecticut State Agencies. The Administrator shall charge the
			 individual with an overpayment only so long as such error has been discovered
			 and brought to the individual's attention within one year of the date of
			 receipt of such benefits, except as provided in subsection (i) of this
			 section.
(b) Where the
			 Administrator identifies a question of eligibility pursuant to Chapter 567 of
			 the Connecticut General Statutes with respect to one or more weeks for which an
			 individual was previously paid any sum of benefits, the Administrator shall
			 give adequate notice to the individual that a fact-finding process will be held
			 by the Administrator for the purpose of determining whether the individual was
			 eligible for benefits for such week or weeks. Notification of the fact-finding
			 process to the individual shall include:
(1)
			 information necessary for the claimant to submit evidence or statements, in the
			 manner prescribed by the Administrator;
(2) notification that such fact-finding will
			 be conducted in accordance with the provisions of Section
			 31-273-8 of the
			 Regulations of Connecticut State Agencies;
(3) identification of the question or
			 questions of eligibility to be addressed during such fact finding;
(4) notice that a determination of
			 ineligibility or non-entitlement for any week or weeks or part of any week or
			 weeks will result in the charging of an overpayment to the individual, and that
			 if the individual's receipt of such sum of benefits was not due to fraud,
			 wilful misrepresentation or wilful nondisclosure of a material fact by the
			 individual or through the agency of another, the individual shall also have the
			 following issues considered during the same fact-finding:
(A) the exact amount of benefits overpaid to
			 the individual;
(B) whether
			 repayment or recoupment of such sum would defeat the purpose of the benefits or
			 be against equity and good conscience and should be waived, pursuant to section
			 31-273-4 of the
			 Regulations of Connecticut State Agencies; and
(C) if no waiver is made pursuant to
			 subparagraph (B) of this subdivision, whether such overpaid benefits shall be
			 recouped by offset from the individual's weekly unemployment
			 benefits;
(5) notice to
			 the individual that if the individual fails to participate in such
			 fact-finding, the Administrator will proceed to adjudicate all issues
			 identified in this section and make a determination with respect to those
			 issues on the basis of the record available to the Administrator, by offset
			 from the individual's weekly unemployment benefits, pursuant to subsection (c)
			 of this section;
(6) notification
			 that the examiner designated by the administrator may prescribe a hearing by
			 telephone or in person at the examiner's discretion, or upon request by a
			 claimant which request may not be unreasonably denied by the examiner;
			 and
(7) notice that the
			 Administrator's determination or any portion thereof may be appealed to the
			 Employment Security Appeals Division.
The fact-finding process held by the Administrator shall be
				conducted in accordance with the provisions of Section
				31-273-8 of the
				Regulations of Connecticut State Agencies.