04 NCAC 24B .0804          WITHDRAWALS OF COMBINED WAGE CLAIMS

(a)  Withdrawal of a combined wage claim after benefits have been paid shall only be permitted where the combined wage claimant has repaid benefits overpaid, or authorizes the new liable state to offset the overpayment.

(1)           The paying state shall issue an overpayment determination and forward a copy, together with an overpayment recovery request and an authorization to offset, with the initial claim to the new liable state.

(2)           The recovering state, which is the new liable state, shall:

(A)          offset the total amount of any overpayment resulting from withdrawal of a combined wage claim before releasing any payments to the claimant;

(B)          offset the total amount of any overpayment resulting from withdrawal of a combined wage claim before honoring a request from any other participating state under IRORA;

(C)          provide the claimant with written notice for the amount offset; and

(D)          prepare and forward a check representing the amount recovered to the requesting state as described Rule .0802(a) of this Section.

(b)  This Rule incorporates the National Association of State Workforce Agencies' Interstate Reciprocal Overpayment Recovery Arrangement (2013) by reference and includes subsequent amendments and editions of the referenced material in accordance with G.S. 150B-21.6.  Copies of the incorporated material are located at 700 Wade Avenue, in Raleigh, North Carolina, and may be obtained by request at no cost to the public by contacting DES as specified under 04 NCAC 24A .0201.

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

Eff. July 1, 2015.