430 CMR, § 6.05 - Waiver of Recovery of Overpayments

(1) No overpayment shall be recovered when, in the judgment of the Commissioner or his authorized representative, the claimant is without fault on his or her part and where recovery of the overpayment would either defeat the purpose of benefits otherwise authorized or would be against equity and good conscience. Fault on the part of the Department in making the overpayment does not relieve the overpaid claimant from liability for repayment if such individual is not without fault.

(2) In any proceedings under 430 CMR 6.05, the overpaid claimant shall have the burden of proving entitlement to a waiver.

(3) Special Relief for Pandemic Overpayments. Individuals who were overpaid unemployment benefits through no fault of their own for weeks in 2020 and 2021, and who request waivers of such overpayments, shall be presumptively entitled to waivers in the following circumstances:

(a) where the department awarded unemployment benefits and subsequently detected a nonmonetary issue affecting eligibility for benefits but failed to issue a determination regarding that issue within 21 days after the department had initially detected the issue; or (b) where the department initially awarded unemployment benefits but reversed the award in whole or part after an appeal or protest that was filed more than 30 days after the initial award; or

(c) where the state overpayment is due to the suspension of lack of work notices during the period from March 20, 2020 to June 22, 2020; or

(d) where the individual applied for PUA benefits prior to March 23, 2021, when the department provided notification that required PUA claimants to submit documentation substantiating employment, self-employment, or the planned commencement of employment or self-employment, and the individual thereafter failed to submit such documentation.

Notes

430 CMR, § 6.05

Amended by Mass Register Issue 1263, eff. 6/20/2014. Amended by Mass Register Issue 1388, eff. 4/5/2019. Amended by Mass Register Issue 1475, eff. 7/15/2022 (EMERGENCY).