Wyo. Code R. 053-0018-32 – Regular Commission Meetings

Workforce Services, Department of

Unemployment Insurance

Chapter 32: Implementation of Criteria for Waiver of Overpayment

Effective Date: 10/28/1994 to 08/25/1997

Rule Type: Superceded Rules & Regulations

Reference Number: 053.0018.32.10281994

Date Filed 07/27/93

Expr Date

Supr Date

Repeal Date

Document Type RULES

CHAPTER 32 IMPLEMENTATION OF CRITERIA FOR WAIVER OF OVERPAYMENT

Section 1. Fault Criteria. In determining whether a claimant is without fault for purposes of deciding whether to waive recovery of overpaid benefits under W.S. 27-3-409, the Division shall consider the following criteria:

(a) Whether the claimant made an incorrect statement of facts of a material nature in order to collect benefits; or
(b) Whether the claimant knew or should have known that the statement he gave the Division was incorrect; or
(c) Whether the claimant failed to disclose or caused another person to fail to disclose a material fact in connection with a claim for benefits; or
(d) Whether the claimant knew or should have known the fact not disclosed was material; or
(e) Whether the claimant knew or should have known he was not entitled to benefits; or
(f) Whether the overpayment resulted directly or indirectly, in whole or part, from some other erroneous act or omission of the claimant, which he knew or should have known was wrong; or
(g) Any other relevant factor.

Section 2. Equity and Good Conscience and Defeats the Purpose of the Act Criteria. In determining whether recovery of an overpayment defeats the purpose of the Employment Security Law or is against equity and good conscience for the purpose of deciding whether the overpayment of benefits shall be waived, the Division shall consider the following criteria:

(a) The extent to which recovery of the overpayment would create an extreme financial hardship on the claimant. Extreme financial hardship as used herein means the claimant would be unable to provide himself or his immediate family with minimal necessities of food, clothing, medicine, and shelter as a result of the Division recovering the overpayment. Extreme and lasting financial hardship shall be extreme as described above and lasting means that the financial hardship may be expected to endure for

more than 120 days.

(b) The extent to which an agent of the Division made an error which contributed to causing the overpayment of benefits. However, such an error shall not include making a decision to pay benefits which was reversed through the appeals process.