In some circumstances, state and federal law allow for waiving overpayment debts.
A waiver for Federal Benefits (PUA, FPUC, PEUC, and MEUC) overpayment(s) must be submitted within 30 calendar days of the mailed date of the notice. Waiver requests will not be considered if an appeal is pending. However, if an overpayment balance remains upon the conclusion of the appeal, then you may request a waiver within 30 calendar days of the final determination.
A waiver for Regular Unemployment overpayment may be submitted once a year, and per statute KSA 44-719(d)(1), the overpayment must be older than five (5) years for consideration of a possible waiver.
If you receive an overpayment not due to confirmed fraud or ID theft, and repaying the overpayment would be against equity and good conscience or cause undue hardship, you may be eligible to have the overpayment waived and your debt forgiven. To request an overpayment waiver, you must fill out the UI Overpayment Waiver Request form (K-CNS 2203) completely, and include an explanation and documentation with your submission as the form states.
Process for Submission
1.) Download and fill out the UI Overpayment Waiver Request Form (K-CNS2203).
2.) Submit the completed form via mail or email.
Mail To:
Kansas Department of Labor
Attn: Benefit Overpayment Collections Unit
401 SW Topeka Blvd
Topeka, KS 66603-3182
Email To:
KDOL.repayagree@ks.gov.
Regular Unemployment Insurance
Overpaid benefits paid from regular UI and Extended Benefits (EB) may be waived under state statute. See K.S.A. 44-719(d)(1).
After a period of five (5) years, from the mail date of your determination letter, KDOL may waive an overpayment if:
- Payment of the overpayment was not due to fraud, misrepresentation or willful nondisclosure on your part, and
- Collection of the overpayment would be against equity or would cause you extreme hardship.
If you meet all eligibility requirements of the Kansas Employment Security Law, K.S.A. 44-701 et seq., during the weeks when the overpayments were made, then KDOL may waive an overpayment if it was made in the absence of fraud, misrepresentation, or willful nondisclosure.
Special Federal COVID-19 Relief Programs Waiver
Overpaid benefits paid from special federal COVID-19 relief programs (PUA, FPUC, PEUC, MEUC, the First Week of Regular UI Reimbursed by the Federal Government, and/or LWA) may be waived under federal statute. See CARES Act of 2020 (Pub. L. 116-136), as amended; 15 U.S.C. 9021 et seq.; Sec. 262(b) of the Continued Assistance Act (Pub. L. 116-260).
KDOL may only waive an overpayment if KDOL determines that:
- The payment of the overpayment was without fault on your part, and
- Repayment would be contrary to equity and good conscience.
Requiring repayment of an overpayment may be considered contrary to equity and good conscience if:
- It would cause you financial hardship; or
- You can show (regardless of your financial circumstances) that, due to the notice such payment would be made or because of the incorrect payment, either you have relinquished a valuable right or changed positions for the worse; or
- Recovery would be unconscionable under the circumstances.
If an overpayment request is approved for payments made from special federal COVID-19 relief programs, you may still be required to repay overpaid benefits received from regular unemployment insurance programs, unless waived under the provision K.S.A. 44-719(d)(1), details above.
Waiver Determination
A decision will be made granting or denying your waiver request. A waiver may be granted for all or a portion of the overpayment. You will receive a copy of this decision via mail to the address provided on your waiver request form.
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