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Learn About new rules for Overpayment Waivers

If you have an overpayment of unemployment benefits, you may complete a Request for a Waiver of Overpayment application.

DUA has changed the requirements for requesting a waiver of overpaid benefits from 2020 and 2021 to make it easier for claimants to get a waiver. 

Emergency Regulation change to 430 CMR 6.00

Learn about your rights and how to apply.
 

Table of Contents

Your right to request an overpayment waiver

The Department of Unemployment Assistance (DUA) has made it easier to apply for a waiver of your overpayment due to pandemic era payments. The new rules apply to 2020 and 2021 overpayments. DUA changed the waiver rules to include additional categories. 

You can apply for a waiver of overpayment, even if you have been denied before.

Reasons an overpayment waiver may be granted generally:

DUA has authority to waive an overpayment for any year if:

  • The overpayment was not your fault; and
  • Your income is less than your expenses; or
  • You used the money for things that were not ordinary expenses, like paying off a debt; or
  • You gave up other money (such as welfare payments) because you got unemployment benefits; or
  • You receive certain income-eligible benefits such as SNAP or similar benefits.

Special Circumstances for 2020-2021 overpayments:

For 2020 and 2021 overpayments, DUA changed the waiver rules to include additional categories of circumstances where claimants are eligible for a waiver. Claimants who have been identified as eligible have been notified and presented a Simplified Waiver Request option in UI Online. Expanded reasons include:

  1. where the individual provides documentation satisfactory to the director to demonstrate that he or she is indigent under either provision (a) or provision (b) of the definition established in section 27A of chapter 261 of the General Laws; or
  2. where the department awarded unemployment benefits and subsequently detected a nonmonetary issue affecting eligibility for benefits but failed to issue a determination regarding that issue within 21 days after the department had initially detected the issue; or
  3. where the department initially awarded unemployment benefits but reversed the award in whole or part after an appeal or protest that was filed more than 30 days after the initial award; or          
  4. where the state overpayment is due to the suspension of lack of work notices during the period from March 20, 2020 to June 22, 2020; or
  5. where the individual applied for PUA benefits prior to March 23, 2021, when the department provided notification that required PUA claimants to submit documentation substantiating employment, self-employment, or the planned commencement of employment or self-employment, and the individual thereafter failed to submit such documentation.

How to apply for a Simplified waiver

If you have gotten a letter telling you that you are eligible for a Simplified Waiver, of your overpayment, please follow these two steps:

  1. Go online to https://uionline.detma.org/Claimant/Core/Login.ASPX and log in to your account
  2. Select the Simplified Waiver Request link

How to apply for a waiver due to indigency or hardship: You may either file the application online or call to ask for DUA to send you a copy. The DUA application has bar-coded information that assists us in processing your application.

"Indigency” means that you receive public assistance under:

  • Transitional Aid to Families with Dependent Children (TAFDC)
  • Emergency Aid to Elderly, Disabled and Children (EAEDC)
  • Supplemental Nutritional Assistance Program (SNAP)
  • Social Security Disability Insurance (SSDI) benefits combined with SS
  • Veterans’ Benefits under M.G.L. c. 115
  • Supplemental Security Income benefits (SSI)

OR 

Your annual income, minus taxes deducted from your pay is at or below the amount on the chart below:

Size of Family Unit    150% of Poverty Guidelines

1                                  $20,385

2                                  $27,465

3                                  $34,545

4                                  $41,625

5                                  $48,705

6                                  $55,785

7                                  $62,865

8                                  $69,945

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