8 CSR 10-3.160 - Waiver of Recovery of Overpayments Under the Coronavirus Aid, Relief and Economic Security Act (CARES), as Amended
(1) Any person who is overpaid unemployment
benefits under the CARES Act, as amended, is liable for the amount overpaid
unless, based upon an application to the division in a format prescribed by the
division, the division determines that the claimant is entitled to a waiver of
recovery of the overpayment, based on the following criteria:
(A) The overpayment was received without
fault of the claimant; and
(B) The
recovery of the overpayment would be against equity and good
conscience.
(2) The
application for waiver must be received by the division within thirty (30)
calendar days after the mailing or other transmission to the individual of the
notice of the overpayment, or of the notice of opportunity to apply for a
waiver.
(3) Fault of the Claimant.
(A) In determining fault, the division shall
consider the nature and cause of the overpayment.
(B) A claimant who receives or retains
benefits which he or she knew or reasonably should have known he or she was not
lawfully entitled to receive is at fault.
(C) Fault shall include, but not be limited
to, the following:
1. Fraud or
misrepresentation regarding the claim (a representation of fact, in relation to
the claim, that the claimant knew or should have known was false);
2. Failure to disclose (failing to disclose a
fact, in connection with the claim, that the claimant knew or should have known
was significant to the claim); and
3. Negligence (failing to exercise the care
that a reasonable person of ordinary prudence would exercise in submitting the
claim).
(D) What an
individual should have known is determined from the perspective of a reasonable
person of ordinary prudence in the same or similar circumstances. However, the
division may consider an individual's age and physical or mental condition as
mitigating factors against finding fault.
(4) Equity and Good Conscience.
(A) In determining whether repayment would be
against equity and good conscience, the division will consider the totality of
the circumstances to include, but not limited to:
1. Detrimental Reliance. Whether the
individual acted in reliance on the overpayment and gave up a valuable right
because of the overpayment or changed his or her position for the worse because
of the overpayment.
A. An individual gives up
a valuable right when he or she gives up a valuable privilege, claim,
entitlement, or benefit having monetary worth because of the overpayment;
or
B. An individual has changed his
or her position for the worse when he or she, in reasonable reliance on the
overpayment, decides to do something that he or she otherwise would not have
done. To establish a change in position for the worse, the individual must
demonstrate a change in actions or behavior, not simply that the overpayment
had been spent;
2. Undue
Hardship. Whether circumstances exist, including health problems or disability
of the claimant or a family member, in which collection would deprive the
individual or household of basic necessities.
(5) Waiver of recovery of indebtedness is an
equitable remedy and, as such, must be based on an assessment of the facts
involved in the individual case under consideration.
(6) The burden is on the individual to
demonstrate that waiver of recovery is appropriate.
(7) The division shall notify the claimant of
its decision on the waiver request in writing by mail or other
transmission.
(8) The claimant may
appeal the division's decision on the waiver request by filing an appeal with
the Appeals Tribunal within thirty (30) calendar days after mailing or other
transmission of the division's decision to the individual. The provisions of
sections 288.200 and
288.210, RSMo, apply to further
appeals.
Notes
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