LAC 40:IV.371. Overpayment Recovery

A. This Rule prescribes an acceptable repayment schedule for the purpose of collecting overpaid benefits pursuant to R.S. 23:1713. 1. The amount of overpayment is immediately due and payable on demand upon exhaustion of the right to appeal: a. a determination of overpayment; and/or b. a denial of waiver of overpayment. 2. If an individual is unable to immediately repay the overpayment in full upon demand, a repayment agreement in writing will be negotiated in compliance with the repayment table for overpayments listed below. Repayment Tables Total for Overpayments Total Overpayment Amount is: At Least | But Less Than: | Number of Months to Repay | Minimum Monthly Payment $1 | $500 | 12 | $42 $501 | $1,000 | 12 | $84 $1,001 | $1,500 | 18 | $84 $1,501 | $2,000 | 18 | $112 $2,001 | $2,500 | 24 | $105 $2,501 | $3,000 | 24 | $125 $3,001 | $3,500 | 30 | $117 $3,501 | $4,000 | 30 | $134 $4,001 | $4,500 | 36 | $125 $4,501 | $5,000 | 36 | $139 $5,001 | $5,500 | 42 | $131 $5,501 | $6,000 | 42 | $143 $6,001 | $6,500 | 48 | $136 $6,501 | $7,000 | 48 | $146 $7,001 | $7,500 | 54 | $139 $7,501 | $8,000 | 54 | $149 $8,001 | $8,500 | 60 | $142 $8,501 | $9,000 or greater | 60 | $150 B. The initial payment and signed repayment agreement must be received within 30 days from the day that the repayment agreement is sent electronically or mailed to the individual’s last known address. Subsequent payments are to be paid in monthly installments which commence no later than 30 days after the initial payment is received, and are due thereafter each month until paid in full. C. An adjustment of the repayment schedule may be granted at the written request of the claimant only if there has been material change in his or her financial condition. D. Requests to adjust the repayment schedule will only be granted if warranted by the criteria set forth in §369.C, waiver of overpayment recovery, equity and good conscience determination.