Rule 300-2-4-.08 - Overpayments(1) Repayment. An individual shall be required to repay an overpayment of unemployment compensation unless a written application for waiver is filed with the department and approved by the Commissioner or the Commissioner's designee.(2) Methods of collection. In the discretion of the department, an overpayment may be collected in any manner provided by law for the general collection of debts, the collection of debts owed a governmental entity, or any other method of collection specifically authorized in Chapter 8 of Title 34, the Employment Security Law.(3) Overpayment waiver. (a) Waiver not permitted. 1. Fraud overpayment. An application for waiver shall not be accepted for any overpayment the department determined was the result of fraud attributable to the individual.2. Federal law. An application for waiver shall not be approved when waiver would be prohibited by federal law or regulation, regardless of an individual's fault.(b) Timeliness of waiver request. 1. An application for waiver shall not be approved if it is filed later than fifteen (15) calendar days following the release date of the Notice of Overpayment, provided, however, that the time limitation may be extended upon a showing of extenuating circumstances which prevented the filing of a timely application for waiver by the individual and such circumstances were beyond the individual's control.2. Special rule for Covid-19 Pandemic overpayments.(i) For any Notice of Overpayment that established an overpayment for one or more claim weeks ending February 8, 2020, through June 26, 2021, the fifteen (15) day time limitation to file an application for waiver of overpayment may, in the discretion of the Commissioner or the Commissioner's designee, be waived.(ii) An individual whose application for waiver of overpayment was denied prior to April 15, 2022, for failure to file a timely application for waiver of overpayment may request a redetermination; provided, however, that only overpayment weeks ending February 8, 2020, through June 26, 2021, shall be eligible for redetermination. A redetermination with respect to eligible weeks shall be made in accordance with the provisions of this rule.(c) Suspension of collections. Collection of an overpayment will be suspended upon the filing of an application for waiver and while the application for waiver is pending.(d) Requirements for approval of waiver. 1. An application for waiver of overpayment of unemployment compensation shall be approved only if: (i) The individual is determined to be without fault in the cause of the overpayment; and(ii) Repayment of the overpayment is determined to be contrary to equity and good conscience.2. An individual shall be determined to be at fault in the cause of the overpayment if the individual brought about such overpayment by the presentation of false or misleading statements or representations, whether or not such action has been determined fraudulent, when such individual could have or should have known the presentation of such information was false or misleading.3. Repayment of the overpayment shall be determined contrary to equity and good conscience if: (i) The individual provides satisfactory evidence of circumstances showing repayment would genuinely work a financial hardship on the individual, such that recovery of the overpayment would result directly in the individual's loss of or inability to obtain the minimal necessities of food, medicine, and shelter for a substantial period of time and such circumstances may be expected to endure for the foreseeable future; and(ii) The individual provides satisfactory evidence that he or she has no reasonable prospect of future employment or ability to repay the overpayment in the future, due to age, disability, or other good cause.(e) Burden of proof. The burden of proof shall be on the individual to show the requirements for waiver are met. The individual must specify on the application for waiver why they were without fault in the cause of the overpayment, why repayment would be contrary to equity and good conscience, and include supporting documentation.(f) Applications for waiver considered on own individual merits. The department shall consider each individual's waiver application separately on its own merits, with due consideration of the facts and circumstances of each individual case; provided, however, that this limitation shall not apply if the federal government authorizes and approves the department to issue a blanket waiver to a group of similarly situated individuals.(g) Decision and appeal rights. The Commissioner or the Commissioner's designee shall notify each individual in writing whether the application for waiver of overpayment has been approved or denied. The decision of the Commissioner or the Commissioner's designee shall become final unless the individual appeals the decision within 15 days after the notice was mailed or otherwise delivered to the individual.(h) Refunds. Upon approval of an application for waiver, the department shall not refund any amount collected on the applicable overpayment unless federal law or regulations specifically require a refund to be issued, in which case only those amounts required by federal law or regulations shall be refunded.(i) Effect of judicial proceedings. A waiver of an unemployment insurance overpayment may be issued by the department in whole or in part upon the finding of a court of law having proper subject matter jurisdiction which rules that error existed in the information utilized to establish such overpayment, whether or not such overpayment was determined to be fraudulent in nature. Additionally, if a court finds repayment of an overpayment should be waived by virtue of discharge in bankruptcy under federal bankruptcy law, waiver will be granted.(4) Federal conformity. This rule shall apply and be given effect only to the extent it is consistent with federal law and regulations, and would not create a federal conformity issue.Ga. Comp. R. & Regs. R. 300-2-4-.08
O.C.G.A. §§ 34-2-6(a)(4), 34-8-70(b), 34-8-254(c).
Original Rule entitled "Waiver of Overpayments" adopted F. Aug. 28, 1992; eff. Sept. 17, 1992.Amended: F. Jun. 25, 1998; eff. July 15, 1998.Amended: F. Jan. 10, 2012; eff. Jan. 30, 2012.Repealed: New Rule entitled "Overpayments. Amended" adopted. F. Oct. 1, 2013; eff. Oct. 21, 2013.Amended: F. Sept. 29, 2014; eff. Oct. 19, 2014.Amended: F. Aug. 13, 2020; eff. Aug. 13, 2020, as specified by the Agency.Amended: F. Feb. 9, 2021; eff. Mar. 1, 2021.Amended: F. Dec. 28, 2021; eff. Jan. 1, 2022, as specified by the Agency.Amended: F. Mar. 31, 2022; eff. Apr. 1, 2022, as specified by the Agency.Amended: F. June 1, 2023; eff. June 1, 2023, as specified by the Agency.Amended: F. Mar. 20, 2024; eff. Mar. 31, 2024, as specified by the Agency.