If the request for delay in recovery of an overpayment, as set forth in paragraph 004 of this chapter, is not made by the claimant within the required time period, the Department may begin withholding current or future benefits for application to the overpayment. The Department will accept such requests filed after the ten-day filing time has passed; however, if recoupment of the overpayment has already begun, recoupment will continue until such time as a determination which allows non-recoupment is issued. Such recoupments applied prior to the determination which allows non-recoupment will be retained by the Department as applied to the overpayment.
If the completed application to delay overpayment recovery is not submitted within the seven-day time limit, as set forth in 004(C) of this chapter, the Department may begin withholding current or future benefits for application to the overpayment. The Department will accept and determine applications filed after the seven-day filing time has passed. Once a fully completed form, Application to Delay Overpayment Recovery, is received by the Department, no further recoupments will be taken until such time as a determination adverse to the claimant is mailed. If the request to delay overpayment recovery is allowed, it will become effective the date of the determination and any recoupments applied to the overpayment prior to that date will be left as applied to the overpayment.
219 Neb. Admin. Code, ch. 10, § 005