Section 8-809 - Recovery of benefits.
§ 8-809. Recovery of benefits.
(a) Redetermination; retroactive award of wages; individual not unemployed.- The Secretary may recover benefits paid to a claimant if the Secretary finds that the claimant was not entitled to the benefits because:
(1) the claimant was not unemployed;
(2) the claimant received or retroactively was awarded wages; or
(3) due to a redetermination of an original claim by the Secretary, the claimant is disqualified or otherwise ineligible for benefits.
(b) False statements or representation or failure to disclose material fact.- If the Secretary finds that a claimant knowingly made a false statement or representation or knowingly failed to disclose a material fact to obtain or increase a benefit or other payment under this title, in addition to disqualification of the claimant, the Secretary may recover from the claimant:
(1) all benefits paid to the claimant for each week for which the false statement or representation was made or for which the claimant failed to disclose a material fact; and
(2) interest of 1.5% per month on the amount accruing from the date that the claimant is notified by the Secretary that the claimant was not entitled to benefits received.
(c) Notice.- If the Secretary decides to recover benefits from a claimant under subsection (a) or (b) of this section, the Secretary shall notify the claimant of:
(1) the amount to be recovered;
(2) the weeks for which benefits were paid; and
(3) the provision of this title under which the Secretary determined that the claimant was ineligible for benefits.
(d) Manner of recovery.- The Secretary may recover an amount under subsection (a) or (b) of this section:
(1) by deduction from benefits payable to the claimant in the future, excluding interest due pursuant to subsection (b)(2) of this section; or
(2) in the manner provided in § 8-630 of this title for the collection of past due contributions.
(e) Reconsideration; time limit; uncollectible amounts.-
(1) The Secretary may reconsider a decision to recover benefits under subsection (a) of this section within 1 year after the date that the decision was made.
(2) The Secretary may not make a determination to recover benefits under subsection (a) or (b) of this section later than 3 years after the date that the benefits were paid to the claimant.
(3) If an amount has not been recovered within 5 years after the date of the decision to recover the amount, the Secretary may consider the amount uncollectible.
(f) Recovery under governmental offset agreement.- Notwithstanding any other provision of this section, the Secretary may recover, under a governmental offset agreement, an overpayment of benefits paid to any claimant under:
(1) the unemployment insurance law of another state; or
(2) a federal unemployment insurance benefit program.
[An. Code 1957, art. 95A, § 17; 1991, ch. 8, § 2; 1992, ch. 22, § 1; 1993, ch. 129.]