Wis. Admin. Code Department of Workforce Development DWD 135.02 - Waiver of recovery of overpayments

(1) If the department determines that a claimant received an overpayment of benefits, he or she shall be liable to reimburse the department for the amount of the overpayment.

(2) Under 19 USC 2315 and s. 106.19, Stats., the department shall waive recovery of the overpayment if:

(a) The overpayment was made without fault on the part of the claimant who received the overpayment; and

(b) Recovery of the overpayment would be contrary to equity and good conscience.

(3) In determining whether an overpayment was made without fault on the part of the claimant and whether recovery of the overpayment would be contrary to equity and good conscience, the department shall incorporate and adhere to the federal regulations promulgated by the U. S. department of labor at 20 CFR 617.55 . The department shall furnish a claimant who so requests with a copy of the federal regulations.

Notes

Wis. Admin. Code Department of Workforce Development DWD 135.02

Cr. Register, June, 1991, No. 426, eff. 7-1-91; correction in (2) made under s. 13.93(2m) (b) 7, Stats., Register, September, 2000, No. 537.