NY A03647

Claimants who received unemployment benefits they were not entitled to are not liable for overpayments if the overpayment was not due to fraud or willful misrepresentation, was received without the claimant's fault, and recovery would be against equity and good conscience.

The commissioner must consider specific factors when determining if an overpayment was received without fault, including the nature of the error, whether the claimant knew or should have known they were ineligible, reliance on administrative error, and negligent reporting.

When determining if recovery would be against equity and good conscience, the commissioner must consider whether repayment would impose extraordinary or financial hardship on the claimant or their household.

Claimants must be notified in writing within 15 days of an overpayment determination, including the amount owed, repayment schedule, collection methods, appeal rights, waiver eligibility standards, and the waiver request process.

Claimants denied a waiver must be notified in writing within 15 days and have the right to request adjustments to their repayment schedule if they experience a material change in financial condition.