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Request for Waiver of Overpayment

D.C. Code § 51-119 provides that the Director of the Department of Employment Services (DOES) may waive an Unemployment Insurance (UI) overpayment if:

  1. The overpayment was received without fault on the part of the claimant and
  2. Recoupment of the overpayment would be against equity and good conscience.

Please be aware that fraud overpayments cannot be waived.

In order to determine whether a waiver should be granted, a claimant must complete the Request for Waiver of Overpayment, providing certain facts and evidence concerning their financial status and the cause of the overpayment. If DOES determines that a waiver should be granted, the claimant will not be required to repay the overpayment.  If DOES determines that a waiver should be denied, the claimant will be required to repay the overpayment. 

If a claimant wishes to request a waiver of their non-fraud overpayment, they must complete and sign and return the Request for Waiver of Overpayment with the supporting documentation to the BPC Unit within 30 calendar days from the date of the original Notice of Determination of Overpayment, unless the claimant can show good cause for failure to meet the 30 calendar day requirement.

The completed Request for Waiver of Overpayment and supporting documentation will be forwarded to the Office of the General Counsel (OGC) for review, within 15 business days of receipt of the completed Request for Waiver of Overpayment and supporting documentation.

OGC will make a recommendation to the Director with regard to the waiver request, within 15 business days of receipt of the completed Request for Waiver of Overpayment and supporting documentation.

The Director will either accept or reject the recommendation of OGC, within 15 business days of receipt of the recommendation.

Based on the Director’s decision, OGC will prepare the decision on the Request for Waiver  of Overpayment for issuance by BPC, within 15 business days of the receipt of the Director’s decision.

Request for Waiver of Overpayment Application