12- 172 C.M.R. ch. 26, § 7 - Future Benefit Deductions

A. The Commission, in accordance with 26 M.R.S.A. section1051(5) and Chapter 26(6)(C)(1) above may determine, upon a claimant's request for a waiver, that collection of an erroneous payment of benefits may be by offset of future benefits. Such a determination will prevent further collection of the overpayment under 26 M.R.S.A. section1051(6) and 36 M.R.S.A. Chapter 831 relating to income tax setoffs. It will not, however, prevent further collection under 26 M.R.S.A. section1051(8) relating to the setoff of lottery winnings.

B. Pursuant to 26 M.R.S.A. section1051(5), the Commission authorizes the Commissioner or his or her designees to withhold from future benefits amounts erroneously paid to a claimant as unemployment benefits in accordance with the following procedures:

1. Final Agency Action. No recovery may be attempted under this delegation of authority until the determination of the erroneous payment is final as to fact and law.

2. Cessation of Withholding of Benefits Pending Waiver Applications. Upon a claimant's filing of a written request for the waiver of repayment of amounts erroneously paid to the claimant as unemployment benefits, withholding from the claimant's benefits must cease as of the date of the filing of the waiver application pending the Commission's decision on the application and the expiration of all appeal rights from that decision.

3. Limitation on Recovery. Deduction from benefits that may be or become payable under this delegation of authority shall be limited to the amount specified in the Employment Security Law of any weekly benefit payment otherwise due the claimant. This delegation of authority does not affect deductions, recoveries or repayments under section 1051(4) of the Law, which covers nondisclosure or misrepresentation to receive benefits.

4. Notice to Claimant. No recovery may be attempted under this delegation of authority until the claimant has been notified of the opportunity to apply for a waiver of repayment under section 1051(5) of the Law.

Notes

12- 172 C.M.R. ch. 26, § 7