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Criteria for Waiver of Unemployment Insurance Overpayment - UI Benefit Payment Control (BPC) - Unemployment Insurance

Source: Code of Maryland Regulations (COMAR)

Criteria: The Maryland Department of Labor may waive recovery of an overpayment when all of the following conditions are met:

  • Request for waiver must be made within thirty (30) days from the original establishment of the overpayment (agency makes allowances for filing waiver applications within 30 days of last appeal decision)
  • The overpayment cannot be fraud
  • Claimant cannot be at fault for the overpayment.
  • Overpayment must be the result of agency error, employer error or the result of an agency re-determination or appeal decision.
  • Claimant must lack the ability to repay now and in the foreseeable future (if medical reasons are cited, then documentation must be on file with agency)
    - or -
  • Claimant family income is likely to be below the Federal minimum poverty level for claimant family size and area of residence, and claimant / family income is likely to remain there.
  • Overpayment cannot be over one (1) year old, unless pending appeal outcome.
  • Pandemic Unemployment Assistance or PUA overpayments are not subject to a waiver.

Application for Waiver of Unemployment Insurance overpayment