SECTION 815.184. Overpayments

(a) Unless an FPUC, FRWW, MEUC, or PEUC overpayment is otherwise recovered or waived, the Agency shall, during the three-year period after the date the claimant received the payment of FPUC, FRWW, MEUC, or PEUC to which the claimant was not entitled, recover the overpayment by deductions from any sums payable to the claimant.

(b) Unless a PUA overpayment is otherwise recovered or waived, the Agency shall recover the overpayment by deductions from any sums payable to the claimant. A PUA overpayment is not subject to the three-year period limitation stated in subsection (a) of this section.

(c) The Agency shall deduct 50 percent per each single deduction of the amount of FPUC, FRWW, MEUC, PEUC, or PUA otherwise payable to the claimant to recover an overpayment.

(d) If a claimant has an unemployment benefits overpayment with an appropriate agency in another state, and the Agency has a reciprocal arrangement with that other state agency under §211.004 of the Act, the Agency shall deduct 50 percent per each single deduction of the amount of FPUC, FRWW, MEUC, PEUC, or PUA otherwise payable to the claimant.

Source Note: The provisions of this §815.184 adopted to be effective October 12, 2020, 45 TexReg 7273; amended to be effective July 19, 2021, 46 TexReg 4372