Continue to file your bi-weekly requests for benefits while your redetermination or appeal is pending. If you are found eligible, benefits for weeks which were not claimed timely cannot be paid. Your employer may also appeal any decisions on your claim related to your separation from their employment or a refusal of suitable work. If a decision that allowed benefits is reversed, YOU WILL BE REQUIRED TO REPAY ANY BENEFITS YOU WERE PAID during the period of disqualification. |
REQUALIFYING
WAGES |
If you have been disqualified for quitting a job, or because you were discharged for misconduct, you may become eligible if you provide proof of adequate earnings from a new employer. These wages must be earned beginning with the Sunday after the date of your disqualifying separation. The amount necessary to requalify is shown on the determination. You can also find out the amount by accessing your claim on UI4U.mt.gov or calling the Claims Processing Center. Please send proof of these wages, such as pay stubs or a signed employer statement, to the Claims Processing Center.
OVERPAYMENTS |
You will be required to repay money you receive for a week of unemployment if it is determined you were not eligible for that week. This will include any income taxes and child support payments withheld from your benefit payment.
Two Types of Overpayments:
Non-Fraud Overpayment – Occurs when an accidental or inadvertent error is made by the claimant or employer.
- You must pay back the overpaid amount.
- No penalties are assessed.
Fraud Overpayment– Occurs when you knowingly make a false statement, or knowingly fail to disclose a material fact or misrepresent material facts to obtain or increase benefits.
- Penalties for Fraud
- You must pay back the overpaid amount.
- You must pay up to 100% penalty on the amount you fraudulently claimed.
- You will be given an administrative penalty which can disqualify you from receiving benefits for up to 52 eligible weeks.
- You may be tried in a criminal court for felony theft.
- Lump sum repayment.
- Signed agreement to repay based on a scheduled monthly payment plan.
- Benefit Offset - Having 50% of future benefit payments deducted and applied to the overpayment. A penalty must be repaid by the claimant; it cannot be offset.
- State warrants such as income tax refunds, including joint returns, can be taken to apply to your overpayment.
- Liens and other possible legal actions up to and including criminal prosecution.
Methods Used to Repay/Collect Overpayments
