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NEW HAMPSHIRE STATUTES AND CODES

Section 282-A:165 Overpayments.


   I. Any person who has received any benefits under this chapter while any conditions for the receipt of benefits imposed by this chapter were not fulfilled or while the person was disqualified from receiving benefits shall be liable to repay to the commissioner such benefits all of which shall be considered to be overpayments.
   II. Liability shall not exist where the person receiving benefits is without fault in causing the overpayment as defined by the rules of the commissioner.
   III. No such overpayment shall exist unless a determination has been made by the commissioner or an authorized representative setting forth the facts causing the creation of the overpayment and notice of such determination has been sent to the claimant who may appeal in the manner set forth in RSA 282-A:42-68. Such determination shall be made within 2 years of the weeks affected thereby and shall include notice of the compromise process under RSA 282-A:29.
   IV. The commissioner shall collect any overpayment created under this chapter by civil action in any manner provided for the collection of contributions in RSA 282-A:141-156 and shall withhold, in whole or in part as determined by the commissioner, any future benefits payable to the individual and shall credit such amount withheld against the overpayment until it is repaid in full.

Source. 1937, 178:1. 1939, 138:22. 1941, 103:44. RL 218:13. 1945, 138:23. 1951, 140:10; 142:8. 1953, 209:13. RSA 282:14(E). 1955, 141:20. 1961, 88:37, 38. 1973, 528:177-179. 1981, 408:3, eff. Oct. 1, 1981. 2009, 249:1, eff. Jan. 1, 2010.

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