HAR §12-5-85. Recovery of benefits paid

Any person who has received any amount as benefits to which that person was not entitled shall be liable for such amount unless the overpayment was received without fault on the part of the recipient and its recovery would be against equity and good conscience. (1) "Fault" shall be defined as: (A) A material statement made by the individual which the individual knew or should have known to be incorrect; or (B) Failure to furnish information which the individual knew or should have known to be material; or (C) Acceptance of a payment which the individual either knew or reasonably could have been expected to know was incorrect. (2) In determining whether recovery of overpayments would be against equity and good conscience, the factors which the department may consider include, but are not limited to: (A) Whether notice of a redetermination was given to the claimant as required by section 383-44(a), Hawaii Revised Statutes; (B) Hardship to the claimant that the repayment may impose; and (C) The effect, if any, that repayment will have upon the fulfillment of the objectives of the program. [Eff. 6/26/81] (Auth: HRS '383-92) (Imp: HRS '383-44(a)) ''12-5-86 to 12-5-88 (Reserved)