Sec. 305. Fraud and recovery of overpayments
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/bill/113/hr/5529/ih/section-305·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If a cooperating State agency, the Commission, or a court of competent jurisdiction determines that any person has received any payment under this Act to which the person was not entitled, including a payment referred to in subsection (b), such person shall be liable to repay such amount to the State agency or the Commission, as the case may be, except that the State agency or the Commission shall waive such repayment if such agency or the Commission determines that— the payment was made without fault on the part of such individual, and requiring such repayment would cause a financial hardship for the individual (or the individual's household, if applicable) when taking into consideration the income and resources reasonably available to the individual (or household) and other ordinary living expenses of the individual (or household).
Unless an overpayment is otherwise recovered, or waived under paragraph (1), the State agency or the Commission shall recover the overpayment by deductions from any sums payable to such person under this Act, under any Federal unemployment compensation law administered by the State agency or the Commission, or under any other Federal law administered by the State agency or the Commission which provides for the payment of assistance or an allowance with respect to unemployment, and, notwithstanding any other provision of State law or Federal law to the contrary, the Commission may require the State agency to recover any overpayment under this Act by deduction from any unemployment insurance payable to such person under the State law, except that no single deduction under this paragraph shall exceed 50 percent of the amount otherwise payable.
If a cooperating State agency, the Commission, or a court of competent jurisdiction determines that an individual— knowingly has made, or caused another to make, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation, or of such nondisclosure, such individual has received any payment under this Act to which the individual was not entitled, such individual shall, in addition to any other penalty provided by law, be ineligible for any further payments under this Act.
Any amount recovered under this section shall be returned to the Treasury of the United States.