2006 Code of Virginia § 60.2-633 - Receiving benefits to which not entitled

60.2-633. Receiving benefits to which not entitled.

A. Any person who has received any sum as benefits under this title to whichhe was not entitled shall be liable to repay such sum to the Commission. Inthe event the claimant does not refund the overpayment, the Commission shalldeduct from any future benefits such sum payable to him under this titleunless overpayment occurred due to administrative error, in which case theCommission shall deduct only fifty percent of the payable amount for anyfuture week of benefits claimed, rounded down to the next lowest dollar untilthe overpayment is satisfied. Administrative error shall not includedecisions reversed in the appeals process. In addition, the overpayment maybe collectible by civil action in the name of the Commission. Amountscollected in this manner may be subject to an interest charge as prescribedin 58.1-15 from the date of judgment and may be subject to fees and costs.Collection activities for any benefit overpayment established of five dollarsor less may be suspended. The Commission may, for good cause, determine asuncollectible and discharge from its records any benefit overpayment whichremains unpaid after the expiration of seven years from the date suchoverpayment was determined, or immediately upon the death of such person orupon his discharge in bankruptcy occurring subsequently to the determinationof overpayment. Any existing overpayment balance not equal to an even dollaramount shall be rounded to the next lowest even dollar amount.

B. The Commission is authorized to accept repayment of benefit overpaymentsby use of a credit card. The Virginia Employment Commission shall add to suchpayment a service charge for the acceptance of such card. Such service chargeshall not exceed the percentage charged to the Virginia Employment Commissionfor use of such card.

(Code 1950, 60-115; 1962, c. 138; 1968, c. 738, 60.1-132; 1974, c. 466;1979, c. 675; 1980, c. 751; 1981, c. 251; 1984, c. 458; 1985, c. 151; 1986,c. 480; 1988, c. 544; 1990, c. 687; 1996, c. 95.)