Recovery of Overpayments

(1) The Department may recover overpayments by commencing civil actions or, in the discretion of the Commissioner, overpayments may be offset against current or future payments of unemployment benefits to which the overpaid claimant is entitled. If the Department chooses to recover the overpayment by offset, the amount of the offset is presumed to be 100% of the current or future weekly benefit entitlement. Provided, however, the Department may offset an amount which is less than the full benefit entitlement. In determining the amount to be withheld from current or future unemployment benefits, the Department shall take into consideration the following factors: (a) the financial circumstances of the overpaid claimant and his family; (b) the amount of the overpayment; (c) the degree of fault of the claimant with respect to the overpayment; (d) the level of unemployment benefits to which the claimant is entitled, and; (e) the availability or lack of other sources of financial support for the claimant or his family. The claimant shall not have the right to appeal from the determination of the amount to be withheld from current or future unemployment benefits. (2) An overpaid claimant may request the Department to adjust either the amount of benefits being offset, or the amount of a repayment schedule. In determining whether to grant such an adjustment, the Department shall take into consideration the factors specified in 430 CMR 6.04(1). The claimant shall not have the right to appeal from any such adjustment or any refusal of an adjustment.