WAC 192-220-017   Am I required to repay the overpayment?  (1) You must repay the full amount of the overpayment, even if you are not at fault, unless you are granted a waiver. (See also WAC 192-230-110.) A waiver means you do not have to repay the overpayment.

     (2) Except as provided in subsection (3), you are potentially eligible for a waiver of an overpayment when it would be against equity and good conscience for the department to require you to repay the full amount.

     (3) You are not eligible for a waiver when:

     (a) You are at fault for the overpayment;

     (b) The overpayment is the result of a discharge for misconduct or gross misconduct (see RCW 50.20.066(5));

     (c) The overpayment is the result of a conditional payment of benefits;

     (d) The overpayment decision was issued by a state other than Washington; or

     (e) The overpayment is for disaster unemployment assistance benefits paid under Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.



[Statutory Authority: RCW 50.12.010, 51.12.040, and 50.20.010. 08-21-056, § 192-220-017, filed 10/9/08, effective 11/9/08.]