Title 787 | Chapter 001 | Regulation 360REG
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EDUCATION AND LABOR CABINET
Division of Workplace Development
Office of Unemployment Insurance
(Amended at ARRS Committee)
787 KAR 1:360.Overpayment waivers.
Section 1.
Definitions.(1)
"Benefits" is(2)
"Financial hardship" means:(a)
An individual or that individual's immediate family has experienced at least a fifty (50) percent reduction in gross earned income or loss of employment; or(b)
That, as a result of the recovery of the overpayment of the benefit, the individual is unable to meet daily living expenses, including expenses for food, clothing, rent, utilities, insurance, job or job search-related transportation expenses, and medical expenses.(3)
"Office" means the Office of Unemployment Insurance within the Kentucky Education and Labor Cabinet.(4)
"Office error" means:(a)
Errors in computing the benefit rate;(b)
Incorrect weekly payment due to a failure to consider a deductible amount that was properly reported by a claimant;(c)
Payment beyond the expiration of the benefit year;(d)
Payment in excess of the maximum benefit amount;(e)
Payment under an incorrect program;(f)
Retroactive notice of nonmonetary determinations, except that a determination that the claimant has committed fraud is not considered(g)
Monetary redeterminations;(h)
Payment during a period of disqualification;(i)
Payment to a wrong claimant; or(j)
Erroneous payments resulting from human error in the data entry process.(5)
"Secretary" means the Secretary of the Kentucky Education and Labor Cabinet.Section 2.
Section 3.
Waivers.(1)
The overpayment was made pursuant to Section 3(2)
Recovery would be contrary to equity and good conscience as established in Section 4Section 3.Section 4.
No-fault Determination. For purposes of Section 2(1)
Office error(2)
Auto-payment of benefits.Section 4.Section 5.
Equity and Good Conscience Determination. For purposes of Section 2(1)
Recovery would cause financial hardship to the person from whom it is sought;(2)
The(3)
Recovery could be unconscionable, unjust, or unfair under the circumstances.FILED WITH LRC: December 9, 2024
CONTACT PERSON: Charles Wheatley, 500 Mero St., 3rd Floor, Frankfort, Kentucky, 502-782-0555, email Charles.Wheatley@ky.gov.
EDUCATION AND LABOR CABINET
Division of Workplace Development
Office of Unemployment Insurance
(Amended at ARRS Committee)
787 KAR 1:360.Overpayment waivers.
Section 1.
Definitions.(1)
"Benefits" is defined by KRS 341.020(4).(2)
"Financial hardship" means:(a)
An individual or that individual's immediate family has experienced at least a fifty (50) percent reduction in gross earned income or loss of employment; or(b)
That, as a result of the recovery of the overpayment of the benefit, the individual is unable to meet daily living expenses, including expenses for food, clothing, rent, utilities, insurance, job or job search-related transportation expenses, and medical expenses.(3)
"Office" means the Office of Unemployment Insurance within the Kentucky Education and Labor Cabinet.(4)
"Office error" means:(a)
Errors in computing the benefit rate;(b)
Incorrect weekly payment due to a failure to consider a deductible amount that was properly reported by a claimant;(c)
Payment beyond the expiration of the benefit year;(d)
Payment in excess of the maximum benefit amount;(e)
Payment under an incorrect program;(f)
Retroactive notice of nonmonetary determinations, except that a determination that the claimant has committed fraud is not considered office error;(g)
Monetary redeterminations;(h)
Payment during a period of disqualification;(i)
Payment to a wrong claimant; or(j)
Erroneous payments resulting from human error in the data entry process.(5)
"Secretary" means the Secretary of the Kentucky Education and Labor Cabinet.Section 2.
Waivers. The secretary shall issue a waiver of the overpayment if the secretary determines that:(1)
The overpayment was made pursuant to Section 3 of this administrative regulation without fault on the part of the recipient; and(2)
Recovery would be contrary to equity and good conscience as established in Section 4 of this administrative regulation.Section 3.
No-fault Determination. For purposes of Section 2(1) of this administrative regulation, the secretary shall make a determination that the overpayment was made without fault on the part of the recipient if the overpayment of benefits resulted from:(1)
Office error; or(2)
Auto-payment of benefits.Section 4.
Equity and Good Conscience Determination. For purposes of Section 2(2) of this administrative regulation, the secretary shall make a finding that a recovery of an overpayment is contrary to equity and good conscience if an individual demonstrates that:(1)
Recovery would cause financial hardship to the person from whom it is sought;(2)
The overpayment recipient can show, regardless of the individual's financial circumstances, that due to the notice that the payment would be made or because of the incorrect payment, the individual has relinquished a valuable right or changed positions for the worse. This may be shown if the recipient has made substantial necessary purchases related to daily living expenses, expended substantial necessary funds on daily living expenses, or failed to seek other benefits in reliance upon the receipt of benefits; or(3)
Recovery could be unconscionable, unjust, or unfair under the circumstances.FILED WITH LRC: December 9, 2024
CONTACT PERSON: Charles Wheatley, 500 Mero St., 3rd Floor, Frankfort, Kentucky, 502-782-0555, email Charles.Wheatley@ky.gov.