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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 20TEXAS WORKFORCE COMMISSION
CHAPTER 815UNEMPLOYMENT INSURANCE
SUBCHAPTER BBENEFITS, CLAIMS, AND APPEALS
RULE §815.12Waiver of Repayment and Recovery of Temporary Extended Unemployment Compensation Overpayments

(a) This section implements the Temporary Extended Unemployment Compensation (TEUC) waiver of repayment program 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 Temporary Extended Unemployment Compensation overpayment will be referred to as overpayment.

(b) When a decision of the Agency or Commission results in an overpayment, an appealable determination and a request for waiver of repayment of an overpayment are mailed to the claimant.

(c) A claimant may appeal an 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's written request for waiver of repayment of an overpayment must be filed within 14 days of the date a request to waive the repayment of an overpayment notification is mailed by the Agency. The waiver request must be filed in accordance with §815.16 (1)(A) of this chapter (relating to Appeals to Appeal Tribunals from Determinations) or mailed to the address on the request form.

(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 TEUC 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 TEUC 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 TEUC 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 TEUC 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 TEUC 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 a TEUC eligibility determination on appeal; and

  (3) whether repayment of the TEUC overpayment will cause financial hardship to the claimant.

(i) The Commission has determined that requiring the claimant to repay a TEUC overpayment will cause financial hardship to the claimant, because in order to receive TEUC benefits, the claimant had to have been unemployed for an extended period of time.

(j) A claimant may appeal a denial of a request to waive the repayment of an overpayment pursuant to subsection (c) of this Section.

(k) 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.


Source Note: The provisions of this §815.12 adopted to be effective July 16, 2002, 27 TexReg 6339

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