Statutes, codes, and regulations
Delaware Administrative Code
Title 19 - LaborDepartment of LaborDivision of Paid Leave
Rules Defining and Regulating the Healthy Delaware Families Act, Family and Medical Leave Insurance Program and the Division of Paid Leave
Section 1401-20.0 - Erroneous payments; disqualification for benefits

19 Del. Admin. Code § 1401-20.0

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Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 1401-20.0 - Erroneous payments; disqualification for benefits
20.1 An erroneous payment occurs when a claimant receives PFML benefits which the Division determines the claimant is not entitled. Erroneous payments may include penalties assessed and interest accrued under 19 Del.C. § 3712.
20.2 The Division may review an erroneous payment of benefits to determine the cause of the overpayment, whether the claimant is liable for repayment of the benefits and any applicable interest or penalties, and whether the claimant shall be disqualified from receiving future benefits.
20.3 If the Division determines an erroneous payment of benefits has occurred, the Division will notify the claimant, which notice shall include the following:
20.3.1 The amount of the erroneous payment;
20.3.2 Whether repayment is required;
20.3.3 Whether interest will be applied to any amount owed;
20.3.4 Whether penalties will be applied;
20.3.5 The reason for the erroneous payment;
20.3.6 Whether the claimant shall be disqualified from claiming future benefits; and
20.3.7 The claimant's right to appeal.
20.4 Erroneous payments which are not required to be repaid can be written off by the Division at any time after the decision to forgo repayment is made.
20.5 Any erroneous benefit payment waived by the Division may count against a claimant's available leave.
20.6 If the Division determines that a claimant is liable for interest, it shall be payable and collected at the same time the repayment of benefits is made, at a rate of 1.5 % per month.
20.7 Tax offset. If a claimant fails to repay an erroneous payment, regardless of fault, the Division may recoup the erroneous payment from a claimant's tax refund.
20.8 Lottery winnings. If a claimant fails to repay an erroneous payment, regardless of fault, the Division may recoup the erroneous payment from a claimant's lottery winnings.
20.9 Legal action. The Division may take legal action against a claimant to recoup any erroneous payment and collect the erroneous payment through any legal means.

19 Del. Admin. Code § 1401-20.0

28 DE Reg. 147 (8/1/2024) (Final)