Title 787 | Chapter 001 | Regulation 190
787 KAR 1:190.Recoupment and recovery.
Section 1.
The following shall constitute "office error" in the payment of benefits:(1)
Errors in computing the benefit rate;(2)
Incorrect weekly payment due to a failure to consider a deductible amount that was properly reported by a claimant;(3)
Payment beyond the expiration of the benefit year;(4)
Payment in excess of the maximum benefit amount;(5)
Payment under an incorrect program;(6)
Retroactive notice of nonmonetary determinations, except that a determination that the claimant has committed fraud shall not be considered office error;(7)
Monetary redeterminations;(8)
Payment during a period of disqualification;(9)
Payment to a wrong claimant; or(10)
Erroneous payments resulting from human error in the data entry process.Section 2.
Overpayments that result from office error or that in the discretion of the secretary shall be collected solely through deduction from future benefits shall not be subject to the filing of a lien or reporting to credit reporting agencies.HISTORY: (22 Ky.R. 479; Am. 911; eff. 11-6-95; 32 Ky.R. 544; 870; eff. 12-2-2005; 33 Ky.R. 2189; 3188; eff. 5-4-07; 35 Ky.R. 400; 821; eff. 10-31-08; Crt eff. 2-24-2020.)
787 KAR 1:190.Recoupment and recovery.
Section 1.
The following shall constitute "office error" in the payment of benefits:(1)
Errors in computing the benefit rate;(2)
Incorrect weekly payment due to a failure to consider a deductible amount that was properly reported by a claimant;(3)
Payment beyond the expiration of the benefit year;(4)
Payment in excess of the maximum benefit amount;(5)
Payment under an incorrect program;(6)
Retroactive notice of nonmonetary determinations, except that a determination that the claimant has committed fraud shall not be considered office error;(7)
Monetary redeterminations;(8)
Payment during a period of disqualification;(9)
Payment to a wrong claimant; or(10)
Erroneous payments resulting from human error in the data entry process.Section 2.
Overpayments that result from office error or that in the discretion of the secretary shall be collected solely through deduction from future benefits shall not be subject to the filing of a lien or reporting to credit reporting agencies.HISTORY: (22 Ky.R. 479; Am. 911; eff. 11-6-95; 32 Ky.R. 544; 870; eff. 12-2-2005; 33 Ky.R. 2189; 3188; eff. 5-4-07; 35 Ky.R. 400; 821; eff. 10-31-08; Crt eff. 2-24-2020.)