Section 46 Overpayments, Recovery, and Penalties

• Library: Employer-Employee Law 2008

Chapter 288, RSMo, contains several provisions that authorize the Division to recover benefits that have been improperly paid. This includes situations in which the claimant has not properly reported earnings while claiming benefits, payments made that are now incorrect because of a later determination of the deputy that holds the claimant ineligible or disqualified, or situations in which a subsequent decision of the appeals tribunal, commission, or court reverses a previous ruling that allowed benefits.

The Division has the authority to recover an overpayment through recoupment from future benefits, setoffs against state tax refunds, intercepts of lottery winnings, and assessment and garnishments. Section 288.380.14, RSMo Supp. 2007.

A claimant who has received benefits by intentionally misrepresenting, misstating, or failing to disclose any material fact has committed fraud...