7 USC 2022 - Disposition of claims

U.S Code last checked for updates: Nov 22, 2024

§ 2022.

Disposition of claims

(a)

General authority of the Secretary

(1)

Determination of claims

(2)

Claims established under quality control system

(3)

Computation of interest

(4)

Joint and several liability of household members

(b)

Collection of overissuances

(1)

In general

Except as otherwise provided in this subsection, a State agency shall collect any overissuance of benefits issued to a household by—

(A)

reducing the allotment of the household;

(B)

withholding amounts from unemployment compensation from a member of the household under subsection (c);

(C)

recovering from Federal pay or a Federal income tax refund under subsection (d); or

(D)

any other means.

(2)

Cost effectiveness

(3)

Maximum reduction absent fraud

If a household received an overissuance of benefits without any member of the household being found ineligible to participate in the program under section 2015(b)(1) of this title and a State agency elects to reduce the allotment of the household under paragraph (1)(A), the State agency shall not reduce the monthly allotment of the household under paragraph (1)(A) by an amount in excess of the greater of—

(A)

10 percent of the monthly allotment of the household; or

(B)

$10.

(4)

Procedures

(5)

Overissuances caused by systemic State errors

(A)

In general

(B)

Procedures

(i)

Information reporting by States

(ii)

Final determination

After reviewing relevant information provided by a State agency, the Secretary shall make a final determination—

(I)

whether the State agency overissued benefits to a substantial number of households as a result of a systemic error in the applicable fiscal year; and

(II)

as to the amount of the overissuance in the applicable fiscal year for which the State agency is liable.

(iii)

Establishing a claim

(iv)

Administrative and judicial review

(v)

Remission to the Secretary

(I)

Determination not appealed

(II)

Determination appealed

(vi)

Alternative method of collection

(I)

In general

(II)

Accrual of interest

(vii)

Limitation

(c)

Intercept of unemployment benefits

(1)

As used in this subsection, the term “uncollected overissuance” means the amount of an overissuance of benefits, as determined under subsection (b)(1), that has not been recovered pursuant to subsection (b)(1).

(2)

A State agency may determine on a periodic basis, from information supplied pursuant to section 49b(b) of title 29, whether an individual receiving compensation under the State’s unemployment compensation law (including amounts payable pursuant to an agreement under a Federal unemployment compensation law) owes an uncollected overissuance.

(3)

A State agency may recover an uncollected overissuance—

(A)

by—

(i)

entering into an agreement with an individual described in paragraph (2) under which specified amounts will be withheld from unemployment compensation otherwise payable to the individual; and

(ii)

furnishing a copy of the agreement to the State agency administering the unemployment compensation law; or

(B)

in the absence of an agreement, by obtaining a writ, order, summons, or other similar process in the nature of garnishment from a court of competent jurisdiction to require the withholding of amounts from the unemployment compensation.

(d)

Recovery of overissuance of benefits

(Pub. L. 88–525, § 13, Aug. 31, 1964, 78 Stat. 707; Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat. 974; Pub. L. 97–35, title I, § 113, Aug. 13, 1981, 95 Stat. 363; Pub. L. 97–253, title I, §§ 177, 178, Sept. 8, 1982, 96 Stat. 781, 782; Pub. L. 99–198, title XV, §§ 1533–1535(a), Dec. 23, 1985, 99 Stat. 1583; Pub. L. 100–435, title VI, §§ 601, 602, Sept. 19, 1988, 102 Stat. 1674; Pub. L. 101–624, title XVII, § 1746, Nov. 28, 1990, 104 Stat. 3796; Pub. L. 102–237, title IX, § 911, Dec. 13, 1991, 105 Stat. 1887; Pub. L. 103–66, title XIII, §§ 13941(b), 13951(a), Aug. 10, 1993, 107 Stat. 676, 677; Pub. L. 104–193, title VIII, § 844(a), Aug. 22, 1996, 110 Stat. 2332; Pub. L. 107–171, title IV, § 4118(b), May 13, 2002, 116 Stat. 321; Pub. L. 110–234, title IV, §§ 4115(b)(9), 4133, May 22, 2008, 122 Stat. 1107, 1116; Pub. L. 110–246, § 4(a), title IV, §§ 4115(b)(9), 4133, June 18, 2008, 122 Stat. 1664, 1869, 1877; Pub. L. 113–79, title IV, § 4020(b)(1), Feb. 7, 2014, 128 Stat. 798.)

cite as: 7 USC 2022