7 CCR 1101-2-15.1 - WRITE-OFF OF RECOVERY
15.1.1
Statutory References: 8-74-109, 8-79-102, and 8-81-101(4)(b)(c)(d),
C.R.S.
15.1.2 Purpose. The division
may write off the recovery of all or part of the amount of overpaid benefits
that it finds non-collectible or the recovery of which it finds to be
administratively impracticable.
15.1.3 Criteria for Write-Off. In determining
whether overpaid benefits are non-collectible or whether the recovery of such
benefits would be administratively impracticable, the division shall consider
all relevant factors including, but not limited to, the following:
.1 That the claimant has died.
.2 That the claimant is totally and
permanently disabled.
.3 That the
claimant has retired from the labor force, including consideration of the
claimant's age, the likelihood of the claimant's reentering the labor force,
the claimant's physical condition, and the claimant's financial
status.
.4 That the claimant has
been adjudicated bankrupt.
.5 That
the division determines the costs of collection to exceed the amount of
overpayment.
.6 That the overpaid
amount, if not due to false representation or willful failure to disclose a
material fact, has remained uncollected for more than five years.
.7 That the overpaid amount, if due to false
representation or willful failure to disclose a material fact, has remained
uncollected for more than seven years.
Notes
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15.1.1 Statutory References: 8-74-109, 8-79-102, and 8-81-101(4)(b)(c)(d), C.R.S.
15.1.2 Purpose. The division may write off the recovery of all or part of the amount of overpaid benefits that it finds non-collectible or the recovery of which it finds to be administratively impracticable.
15.1.3 Criteria for Write-Off. In determining whether overpaid benefits are non-collectible or whether the recovery of such benefits would be administratively impracticable, the division shall consider all relevant factors including, but not limited to, the following:
.1 That the claimant has died.
.2 That the claimant is totally and permanently disabled.
.3 That the claimant has retired from the labor force, including consideration of the claimant's age, the likelihood of the claimant's reentering the labor force, the claimant's physical condition, and the claimant's financial status.
.4 That the claimant has been adjudicated bankrupt.
.5 That the division determines the costs of collection to exceed the amount of overpayment.
.6 That the overpaid amount, if not due to false representation or willful failure to disclose a material fact, has remained uncollected for more than five years.
.7 That the overpaid amount, if due to false representation or willful failure to disclose a material fact, has remained uncollected for more than seven years.