40 Tex. Admin. Code § 815.12 - Waiver of Repayment and Recovery of Federal Extended Unemployment Compensation Overpayments
(a) When
conforming with an applicable federal extended unemployment compensation
program, this section implements waiver of repayment requirements by setting
out the process that the Agency and Commission shall use to determine whether
to waive the repayment and recovery of non-fraudulent overpayments. The terms
repayment and recovery will be referred to as repayment in this section, and
the federal extended unemployment compensation overpayment will be referred to
as overpayment.
(b) When a decision
of the Agency or Commission results in a federal extended unemployment
compensation overpayment, the Agency or Commission will also determine whether
the overpayment will be waived.
(c)
A claimant may appeal the underlying issue that created the overpayment
determination pursuant to the provisions of Chapter 212 of the Act and the
provisions set out in §
815.16 of this chapter (relating
to Appeals to Appeal Tribunals from Determinations), §
815.17 of this chapter (relating
to Appeals to the Commission from Decisions), and §
815.18 of this chapter (relating
to General Rules for Both Appeal Stages).
(d) A claimant may also appeal a denial of a
request to waive the repayment of an overpayment in the same manner as stated
in subsection (c) of this section.
(e) The Agency or Commission will deny a
request to waive the repayment of a non-fraudulent overpayment if it determines
that:
(1) the payment of the federal extended
unemployment compensation benefits is the fault of the claimant, or
(2) the repayment is not contrary to equity
and good conscience.
(f)
The Agency or Commission will waive the repayment of a non-fraudulent
overpayment if it determines that:
(1) the
payment of the federal extended unemployment compensation benefits is not the
fault of the claimant, and
(2) the
repayment is contrary to equity and good conscience.
(g) In determining whether fault exists, the
Agency or Commission shall consider the following:
(1) whether a material statement or
representation was made by the claimant in connection with the application for
the federal extended unemployment compensation that resulted in an overpayment,
and whether the claimant knew or should have known that the statement or
representation was inaccurate;
(2)
whether the claimant failed or caused another to fail to disclose a material
fact, in connection with an application for the federal extended unemployment
compensation that resulted in an overpayment, and whether the claimant knew or
should have known that the fact was material;
(3) whether the claimant knew or could have
been expected to know that the claimant was not entitled to the federal
extended unemployment compensation payment; and
(4) whether, for any other reason, the
overpayment resulted directly or indirectly, and partially or totally, from any
act or omission of the claimant or of which the claimant had knowledge, and
which was erroneous or inaccurate or otherwise wrong.
(h) In determining whether equity and good
conscience exists, the Agency or Commission shall consider the following
factors:
(1) whether the overpayment is the
result of a decision on appeal;
(2)
whether the Agency gave notice to the claimant that the claimant may be
required to repay the overpayment in the event of a reversal of the federal
extended unemployment compensation eligibility determination on appeal;
and
(3) whether repayment of the
federal extended unemployment compensation overpayment will cause financial
hardship to the claimant.
(i) Hearings under this section will be
conducted in a fair and impartial manner in accordance with the provisions of
§
815.15 of this chapter (relating
to Parties with Appeal Rights), §
815.16 of this chapter (relating
to Appeals to Appeal Tribunals from Determinations), §
815.17 of this chapter (relating
to Appeals to the Commission from Decisions), and §
815.18 of this chapter (relating
to General Rules for Both Appeal Stages), except to the extent that the
sections are clearly inapplicable.
(j) For the purposes of this section, a
federal extended unemployment compensation program is an unemployment
compensation program enacted by Congress that provides additional federally
funded benefits. It does not include Extended Benefits under Subchapter F of
this chapter or Chapter 209 of the Act.
Notes
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