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PDFWAC 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. WSR 08-21-056, ยง 192-220-017, filed 10/9/08, effective 11/9/08.]
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