1. (a) There shall be a rebuttable presumption that it is in the “best interests of the state” to compromise a non-fraud overpaid benefit account of state unemployment benefits in total if the debtor’s household income is derived solely from the following sources:

   1. (1) Old Age Assistance;
   2. (2) Aid to the Permanently and Totally Disabled;
   3. (3) Supplemental Security Income;
   4. (4) Aid to the Needy Blind;
   5. (5) Temporary Assistance For Needy Families;
   6. (6) Social Security Disability Insurance;
   7. (7) Social Security Retirement Benefits; or
   8. (8) Veteran’s Benefits.

2. (b) The presumption in (a) above shall be rebutted by evidence of one or more of the following:

   1. (1) The claimant’s economic circumstances are likely to change substantially within two years;
   2. (2) The claimant owns and/or holds an interest in real property which is not inchoate or de minimis;
   3. (3) The claimant owns and/or holds an interest, which is not inchoate or de minimis, in goods, property, money, rights, and credits that is capable of being liquidated in the relatively near future without substantial loss in value, excepting such interests that are exempted from attachment and execution; or
   4. (4) The overpayment was the result of fraud.
3. (c) There shall be a rebuttable presumption that it is in the “best interests of the state” to compromise any non-fraud portion of an overpaid benefit account of state unemployment insurance benefits that resulted from base period wages from a reimbursing employer, provided that the claimant provides documentation satisfactory to the department that the reimbursing employer does not object.

4. (d) The presumption in (c) above shall be rebutted if the department finds that there is some other reason to conclude that failing to recover the overpayment would, or could, affect:

   1. (1) Any interested party, as defined in RSA 282-A:42, III, other than a non-objecting reimbursing employer under (c) above; or
   2. (2) An agency or department of any state or of the federal government.
5. (e) If the presumption in (a) or (c) above is rebutted, the determination of whether a total or partial compromise is recommended shall be based on weighing the factors in Emp 408.05.

Source. #10423, eff 9-27-13