SECTION .0600 – UNEMPLOYMENT INSURANCE BENEFIT OVERPAYMENTS

04 NCAC 24B .0601          NOTICE REQUIREMENT FOR OVERPAYMENT

(a)  A determination by DES finding an overpayment of benefits to a claimant shall contain:

(1)           the date the determination was mailed or sent to the claimant by electronic transmission;

(2)           reasons for the overpayment;

(3)           the statutory authority under G.S. 96-18(g)(3) for seeking repayment of the overpayment;

(4)           notice that the claimant may protest the overpayment determination and instructions on how to protest the overpayment determination as provided in 04 NCAC 24A .0104(c) or (d); and

(5)           notice that the claimant may file a request for waiver of the overpayment in the same manner as provided in 04 NCAC 24A .0104(g).

(b)  A determination notifying a claimant of an overpayment of benefits caused by the reversal of a previous decision that found the claimant eligible or not disqualified to receive benefits shall contain the same information contained in Subparagraphs (a)(1) through (3) of this Rule, and shall:

(1)           have no protest rights;

(2)           notify the claimant that the overpayment may only be protested by appealing the underlying decision that ruled the claimant ineligible or disqualified for benefits; and

(3)           notify the claimant that DES shall not consider a request to waive repayment of an overpayment while an appeal of the underlying decision that resulted in the overpayment is pending, or until the underlying decision that resulted in the overpayment is final.

History Note:        Authority G.S. 96-4; 96-15; 96-18;

Eff. July 1, 2015;

Amended Eff. August 1, 2020; October 1, 2017.