Section 871.24.50. Temporary extended unemployment compensation.

       24.50(1) to 24.50(5) Rescinded IAB 8/6/03, effective 9/10/03.

       24.50(6) Overpayments will be offset up to and including 50 percent of the temporary extended unemployment compensation benefit payment.

       24.50(7) Waiver of overpayments.

        a.           Individuals who have received amounts of temporary extended unemployment compensation to which they were not entitled shall be required to repay the amounts of such temporary extended unemployment compensation except that the state repayment may be waived if the workforce development department determines that:

       (1)             The payment of such temporary extended unemployment compensation was without fault on the part of the individual; and

       (2)             Such repayment would be contrary to equity and good conscience.

        b.           In determining whether fault exists, the following factors shall be considered:

       (1)             Whether a material statement or representation was made by the individual in connection with the application for temporary extended unemployment compensation that resulted in the overpayment and whether the individual knew or should have known that the statement or representation was inaccurate.

       (2)             Whether the individual failed or caused another to fail to disclose a material fact in connection with an application for temporary extended unemployment compensation that resulted in the overpayment and whether the individual knew or should have known that the fact was material.

       (3)             Whether the individual knew or could have been expected to know that the individual was not entitled to the temporary extended unemployment compensation payment.

       (4)             Whether, for any other reason, the overpayment resulted directly or indirectly, and partially or totally, from any act or omission of the individual or of which the individual had knowledge and which was erroneous or inaccurate or otherwise wrong.

        c.           In determining whether equity and good conscience exist, the following factors shall be considered:

       (1)             Whether the overpayment was the result of a decision on appeal;

       (2)             Whether the state agency had given notice to the individual that the individual may be required to repay the overpayment in the event of a reversal of the eligibility determination on appeal; and

       (3)             Whether recovery of the overpayment will cause financial hardship to the individual.

This rule is intended to implement Iowa Code sections 96.11 and 96.29.