Benefits; fraud; mistake; collection
Sec. 1. (a) Any individual who makes, or causes to be made by
another, a false statement or representation of a material fact
knowing it to be false or knowingly fails, or causes another to fail, to
disclose a material fact, and as a result thereof has received any
amount as benefits to which the individual is not entitled under this
article, shall be liable to repay such amount to the commissioner for
the unemployment insurance benefit fund or to have such amount
deducted from any benefits otherwise payable to the individual under
this article, within the six (6) year period following the date of the
filing of the claim or statement that resulted in the payment of such
benefits, if the existence of such misrepresentation or nondisclosure
has become final by virtue of an unappealed determination of a
deputy, or a decision of an administrative law judge, or the review
board, or by a court of competent jurisdiction.
(b) Any individual who, for any reason other than
misrepresentation or nondisclosure as specified in subsection (a), has
received any amount as benefits to which the individual is not
entitled under this article or because of the subsequent receipt of
income deductible from benefits which is allocable to the week or
weeks for which such benefits were paid becomes not entitled to
such benefits under this article shall be liable to repay such amount
to the commissioner for the unemployment insurance benefit fund or
to have such amount deducted from any benefits otherwise payable
to the individual under this article, within the three (3) year period
following the date of the filing of the claim or statement that resulted
in the payment of such benefits, if the existence of such reason has
become final by virtue of an unappealed determination of a deputy
or a decision of an administrative law judge, or the review board, or
by a court of competent jurisdiction.
(c) When benefits are paid to an individual who was eligible or
qualified to receive such payments, but when such payments are
made because of the failure of representatives or employees of the
department to transmit or communicate to such individual notice of
suitable work offered, through the department, to such individual by
an employing unit, then and in such cases, the individual shall not be
required to repay or refund amounts so received, but such payments
shall be deemed to be benefits improperly paid.
(d) Where it is finally determined by a deputy, an administrative
law judge, the review board, or a court of competent jurisdiction that
an individual has received benefits to which the individual is not
entitled under this article, the commissioner shall relieve the affected
employer's experience account of any benefit charges directly
resulting from such overpayment. However, an employer's
experience account will not be relieved of the charges resulting from
an overpayment of benefits which has been created by a retroactive
payment by such employer directly or indirectly to the claimant for
a period during which the claimant claimed and was paid benefits
unless the employer reports such payment by the end of the calendar
quarter following the calendar quarter in which the payment was
made or unless and until the overpayment has been collected. Those
employers electing to make payments in lieu of contributions shall
not have their account relieved as the result of any overpayment
unless and until such overpayment has been repaid to the
unemployment insurance benefit fund.
(e) Where any individual is liable to repay any amount to the
commissioner for the unemployment insurance benefit fund for the
restitution of benefits to which the individual is not entitled under
this article, the amount due may be collectible without interest by
civil action in the name of the state of Indiana, on relation of the
department, which remedy by civil action shall be in addition to all
other existing remedies and to the methods for collection provided
in this section.
(f) Liability for repayment of benefits paid to an individual (other
than an individual employed by an employer electing to make
payments in lieu of contributions) for any week may be waived upon
the request of the individual if:
(1) the benefits were received by the individual without fault of
the individual;
(2) the benefits were the result of payments made during the
pendency of an appeal before an administrative law judge or the
review board under IC 22-4-17 under which the individual is
determined to be ineligible for benefits; and
(3) repayment would cause economic hardship.
(Formerly: Acts 1947, c.208, s.1301; Acts 1953, c.177, s.13; Acts
1957, c.129, s.1; Acts 1971, P.L.355, SEC.28; Acts 1973, P.L.239,
SEC.4.) As amended by Acts 1979, P.L.229, SEC.2; P.L.228-1983,
SEC.3; P.L.18-1987, SEC.40; P.L.135-1990, SEC.2; P.L.21-1995,
SEC.77; P.L.290-2001, SEC.6.
Last modified: May 27, 2006