R.C.S.A. § 31-273-6
Administrative penalty for overpayments established prior to October 1, 2013
Cite as Conn. Agencies Regs. § 31-273-6
(a) Whenever the Administrator determines, pursuant to Section 31-273-5 (e), that any
individual has himself or through the agency of another made a claim for benefits
and knowingly made a false statement or representation or knowingly failed to disclose
a material fact in order to obtain benefits or to increase the amount of benefits
to which he may be entitled, such individual shall forfeit benefits for not less than
two nor more than thirty-nine compensable weeks following determination of such offense
or offenses, during which weeks he would otherwise have been eligible to receive benefits.
For the purposes of Section 31-231b of the General Statutes, such person shall be
deemed to have received benefits for such forfeited weeks.
(b) Except as provided in subsections (d) and (e) of this section, the number of weeks
of benefits to be forfeited shall be the lesser of:
(1) the number of weeks of benefits fraudulently claimed multiplied by two, up to a maximum
of thirty-nine; or
(2) that number of weeks which corresponds to the total dollar amount fraudulently claimed
on the Administrative Penalty Table in subsection (c) of this section.
(c) The Administrator shall apply the following Administrative Penalty Table in determining
the number of penalty weeks to be forfeited, pursuant to subsection (b) of this section:
Dollars Overpaid
Number of Weeks Forfeited
Dollars Overpaid
Number of Weeks Forfeited
50 - 499
1
10,000 - 10,499
21
500 - 999
2
10,500 - 10,999
22
1000 - 1499
3
11,000 - 11,499
23
1500 - 1,999
4
11,500 - 11,999
24
2000 - 2,499
5
12,000 - 12,499
25
2,500 - 2,999
6
12,500 - 12,999
26
3,000 - 3,499
7
13,000 - 13,499
27
3,500 - 3,999
8
13,500 - 13,999
28
4,000 - 4,499
9
14,000 - 14,499
29
4,500 - 4,999
10
14,500 - 14,999
30
5,000 - 5,499
11
15,000 - 15,499
31
5,500 - 5,999
12
15,500 - 15,999
32
6,000 - 6,499
13
16,000 - 16,499
33
6,500 - 6,999
14
16,500 - 16,999
34
7,000 - 7,499
15
17,000 - 17,499
35
7,500 - 7,999
16
17,500 - 17,999
36
8,000 - 8,499
17
18,000 - 18,499
37
8,500 - 8,999
18
18,500 - 18,999
38
9,000 - 9,499
19
19,000 & over
39
9,500 - 9,999
20
(d) Notwithstanding the provisions of subsection (b) of this section, where an individual
increases or attempts to increase the dollar amount of a benefit check issued by the
Administrator, the Administrator shall impose a penalty of two weeks of forfeited
benefits for each check which the individual has increased or attempted to increase.
(e) Notwithstanding the provisions of subsection (b) of this section, where an individual's
failure to report earnings for a week or weeks in which he received benefits has resulted
in an administrative determination pursuant to Section 31-273-5 (e), and he has also
been overpaid for a subsequent week or weeks as a result of a retroactive denial of
benefits because his separation from such unreported employment was for a disqualifying
reason, the Administrator shall impose a penalty of two weeks of forfeited benefits
in addition to any penalty imposed as a result of the earnings he failed to report,
provided the Administrator finds that the individual knowingly failed to disclose
such separation for the purpose of obtaining benefits.
(f) Where the Administrator has found that an individual has committed an offense, as
defined in subsection (i) of this section, and
(1) that the individual committed one prior offense, the Administrator shall impose an
extra penalty of five forfeited weeks of benefits in addition to any other penalty
imposed pursuant to this section; or
(2) that the individual has committed two prior offenses, the Administrator shall impose
an extra penalty of ten forfeited weeks of benefits, in addition to any other penalty
imposed pursuant to this section; or
(3) that the individual has committed three prior offenses, the Administrator shall impose
a maximum penalty of thirty-nine forfeited weeks of benefits.
(g) The Administrator shall not consider any restitution by the individual of benefits
overpaid in determining the number of weeks of benefits to be forfeited pursuant to
this section.
(h) Any penalty imposed pursuant to this section shall remain in full force and effect
until such time as said penalty has been satisfied in full, as determined by the administrator.
(i) For the purposes of this section, an offense is a single week or a series of weeks
within a given time period with respect to which the Administrator has established
that an individual has made a claim for benefits and has, himself or through the agency
of another, made a false statement or representation or has knowingly failed to disclose
a material fact for the purpose of obtaining benefits or increasing the amount of
benefits to which he may be entitled.