Alert: Overpayment Waivers

Alert: Overpayment Waivers

If you received a non-fraud overpayment for PUA, FPUC, or PEUC benefit payments, you can apply for an overpayment waiver.

What is an overpayment waiver?

An overpayment waiver is a request to have your PUA, FPUC, or PEUC overpayment waived, meaning you do not have to pay the overpayment. The Department of Labor may accept your request if you demonstrate that repaying the money would cause a financial hardship on you.

What happens if I'm granted an overpayment waiver?

If your overpayment waiver is approved, the government will not be able to offset any benefits from future benefits payments AND they have to repay any past benefits that they took.

How can I request an overpayment waiver?

You can request an overpayment waiver using our online form

There may also be a waiver sent to you in your UC or PUA portal. You can email a copy of a completed waiver form to [email protected] We also recommend uploading a copy of the waiver to your portal in the general uploads section.

The Department of Labor and Industry is working on adding a specific place in the PUA and UC portals where claimants can submit a waiver.

Is there a deadline to submit a waiver?

There is no deadline for when you can request an overpayment waiver. However, the sooner you submit the waiver the better. 

Currently, there is no timeline on how long it will take the Department of Labor to approve or deny your overpayment waiver. 

You can ignore any notices saying that you need to file your overpayment waiver with an appeal or else it will be denied. These were incorrectly issued according to the Department of Labor and Industry.  

Who makes the decision to approve an overpayment waiver?

The Service Center makes the decision to approve or deny an overpayment waiver. If denied, claimants can appeal the decision to the Referee, then the Board of Review, and then the Court, just like any other decision.

Overpayment waiver decisions are being handled by every Service Center. 

How long will it take to get a decision?

There is a huge backlog of overpayment waivers that still need to be decided on. 

Federal guidance states that the Department of Labor and Industry is required to stop collecting overpayments while a waiver request is pending, but unfortunately, the PUA and UC systems have not been able to do this. If you need the Department to stop offsetting your benefits, you should email [email protected] and inform them that you have submitted a waiver and they need to stop offsetting your payments.