§ 28-42-68 - Recovery of erroneously paid benefits.
SECTION 28-42-68
§ 28-42-68 Recovery of erroneously paidbenefits. – (a) Any individual who, by reason of a mistake or misrepresentation made byhimself, herself, or another, has received any sum as benefits under chapters42 – 44 of this title, in any week in which any condition for the receiptof the benefits imposed by those chapters was not fulfilled by him or her, orwith respect to any week in which he or she was disqualified from receivingthose benefits, shall in the discretion of the director be liable to have thatsum deducted from any future benefits payable to him or her under thosechapters, or shall be liable to repay to the director for the employmentsecurity fund a sum equal to the amount so received, plus, if the benefits werereceived as a result of misrepresentation or fraud by the recipient, intereston the benefits at the rate set forth in § 28-43-15. That sum shall becollectible in the manner provided in § 28-43-18 for the collection ofpast due contributions. All interest received pursuant to this subsection shallbe credited to the unemployment security interest fund created by §28-42-75.
(b) There shall be no recovery of payments from any personwho, in the judgment of the director, is without fault on his or her part andwhere, in the judgment of the director, that recovery would defeat the purposeof chapters 42 – 44 of this title.