Repay benefits

If you receive more benefits than you are entitled to, we will send you a decision with an Overpayment Assessment, which will say how much you owe.

If we overpay you and the payment includes an Internal Revenue Service (IRS) deduction, you must repay the benefits you received, plus the amount we withheld for the IRS.

You can repay by check or money order payable to “Employment Security Department.” Include your name and Social Security number on your payment to make sure we credit your account properly.

Mail your payment to:

Employment Security Department
Benefit Payment Control
P.O. Box 24928
Seattle, WA 98124-0928

We do not accept payments at our local offices.

If we deny you benefits and there is an overpayment, the balance available on your unemployment claim increases by the dollar amount of the overpayment. If we cancel the overpayment, the new balance available is then reduced by the amount of the canceled overpayment.

Because an overpayment is a legal debt, we encourage you to promptly repay the money you owe. We recommend that you repay the full amount in one payment if you can. If you cannot afford to repay in full, we will calculate your minimum monthly payments as follows:

• For overpayments due to misrepresentation (fraud) - the weekly benefit amount you received at the time you were overpaid, including penalties, or 3 percent of the overpayment balance, including penalties, whichever is greater.
• For all other overpayments - one-third of the weekly benefit amount, 3 percent of the overpayment balance, or $25, whichever is greater.

If you cannot afford the minimum monthly payment, you can make payment arrangements by calling the Benefit Payment Control Unit.

Toll-free:              866-697-4831
 
Olympia:              360-902-9770
 
Fax:                     360-902-9270
 
TTY local:             360-486-3032
 
TTY toll-free:        800-207-0882
 
E-mail Benefit Control Unit                

If we decide you committed fraud, we will calculate interest at 1 percent per month (12 percent per year) from the date the overpayment is discovered, including penalties.

Interest on overpayments is charged at 1 percent per month. Interest begins immediately on fraud overpayments. For other overpayments, interest begins if you miss a portion of two or more payments.

If you make your full monthly payment, we will not deduct your overpayment from future benefits unless:

• You asked us to deduct it to pay off your overpayment more quickly;
• Your overpayment occurred because you asked us to cancel your claim; or
• You owe more than the balance on your claim.

We will not deduct any interest, penalties or court costs from your benefits. You must pay these costs yourself.  If you stop making your full monthly payment for any reason, we may deduct the overpayment from your benefits. We can do this if you are eligible for and claim benefits.

We will deduct 100 percent of your weekly benefit amount if:

• Your overpayment was caused by misrepresentation (fraud) and you miss at least a portion of two monthly payments; or
• The money left in your benefit claim is equal to or less than the amount you owe; or
• You ask us to cancel your old claim in order to file a new claim.

We will deduct 50 percent of your weekly benefit amount if:

• Your overpayment was not caused by misrepresentation (fraud) and you miss at least a portion of two monthly payments; or
• You are being paid benefits on a federal extension.

Under certain conditions we can waive an overpayment, meaning you do not have to pay it back. We cannot waive an overpayment if:

• You were at fault in causing the overpayment; or
• Your benefits were denied because of misconduct/gross misconduct; or
• The overpayment is the result of a conditional payment.

Your written decision tells you whether you were at fault in causing the overpayment. The decision to waive or not waive your overpayment is made according to state law and is based on a number of factors, including your financial circumstances. If we can consider waiver for your overpayment, we will ask you to submit a Certification of Financial Condition and Request for Waiver.

If you do not repay the overpayment, we may place a lien on your property, garnish your bank account, or garnish your wages or your spouse’s wages. Filing for bankruptcy may not remove your responsibility to repay the debt.

If your employer corrects your wages or hours, your claim could become invalid, making you ineligible for benefits. If you received benefits on this claim, you do not have to repay those benefits. However, if you were denied benefits for some other reason before the claim became invalid, you must repay those benefits.

If you received any benefits, we will still report all benefits paid to you to the Internal Revenue Service (IRS), even if your claim becomes invalid. We will mail you a tax statement (1099-G) after the end of the year. You will need to make the appropriate adjustments when filing your taxes with the IRS.