Offset of Overpayment

If no waiver request is made, or if a waiver request has been made and denial of the request has become final, the Department may commence offsetting the overpayment against current or future unemployment benefits in accordance with 430 CMR 6.04. The overpaid claimant shall have the right to appeal the correctness of the application of the overpayment pursuant to the procedures established in 430 CMR 6.08, 6.09, 6.10 and 6.11, and shall be given notice of that right. The Department shall cease recovery activity at such time as a request for review of the correctness of the application of the overpayment is received. Provided however, recovery activities shall commence or continue at such time as a determination on the correctness of the application of the overpayment is rendered pursuant to the procedures established in 430 CMR 6.08.