787 KAR 1:190. Recoupment and recovery.

 

      RELATES TO: KRS 341.415

      STATUTORY AUTHORITY: KRS 151B.020,

341.115(1), 341.415(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

341.115(1) authorizes the secretary to promulgate administrative regulations necessary

or suitable for the proper administration of KRS Chapter 341. KRS 341.415(1)

limits recoupment and recovery in the discretion of the secretary and in cases

of benefits overpaid as a result of "office error". This

administrative regulation establishes the actions and instances which shall

constitute "office error" and which shall otherwise limit recovery

and recoupment.

 

      Section 1. The following shall constitute

"office error" in the payment of benefits:

      (1) Errors in computing the benefit rate;

      (2) Incorrect weekly payment due to a

failure to consider a deductible amount that was properly reported by a

claimant;

      (3) Payment beyond the expiration of the

benefit year;

      (4) Payment in excess of the maximum

benefit amount;

      (5) Payment under an incorrect program;

      (6) Retroactive notice of nonmonetary

determinations, except that a determination that the claimant has committed

fraud shall not be considered office error;

      (7) Monetary redeterminations;

      (8) Payment during a period of

disqualification;

      (9) Payment to a wrong claimant; or

      (10) Erroneous payments resulting from human

error in the data entry process.

 

      Section 2. Overpayments that result from

office error or that in the discretion of the secretary shall be collected

solely through deduction from future benefits shall not be subject to the

filing of a lien or reporting to credit reporting agencies. (22 Ky.R. 479; Am. 911; eff. 11-6-95; 32 Ky.R.

544; 870; eff. 12-2-2005; 33 Ky.R. 2189; 3188; eff. 5-4-07; 35 Ky.R. 400; 821;

eff. 10-31-08.)