# § 2315. Fraud and recovery of overpayments
**(a)** **Repayment; deductions**
**(1)** If a cooperating State agency, the Secretary, or a court of competent jurisdiction determines that any person has received any payment under this part to which the person was not entitled, including a payment referred to in subsection (b), such person shall be liable to repay such amount to the State agency or the Secretary, as the case may be, except that the State agency or the Secretary may waive such repayment if such agency or the Secretary determines, in accordance with guidelines prescribed by the Secretary, that—
**(A)** the payment was made without fault on the part of such individual, and
**(B)** requiring such repayment would be contrary to equity and good conscience.
**(2)** Unless an overpayment is otherwise recovered, or waived under paragraph (1), the State agency or the Secretary shall recover the overpayment by deductions from any sums payable to such person under this part, under any Federal unemployment compensation law administered by the State agency or the Secretary, or under any other Federal law administered by the State agency or the Secretary which provides for the payment of assistance or an allowance with respect to unemployment, and, notwithstanding any other provision of State law or Federal law to the contrary, the Secretary may require the State agency to recover any overpayment under this part by deduction from any unemployment insurance payable to such person under the State law, except that no single deduction under this paragraph shall exceed 50 percent of the amount otherwise payable.
**(b)** **False representation or nondisclosure of material fact** If a cooperating State agency, the Secretary, or a court of competent jurisdiction determines that an individual—
and as a result of such false statement or representation, or of such nondisclosure, such individual has received any payment under this part to which the individual was not entitled, such individual shall, in addition to any other penalty provided by law, be ineligible for any further payments under this part.
**(1)** knowingly has made, or caused another to make, a false statement or representation of a material fact, or
**(2)** knowingly has failed, or caused another to fail, to disclose a material fact,
**(c)** **Notice of determination; fair hearing; finality** Except for overpayments determined by a court of competent jurisdiction, no repayment may be required, and no deduction may be made, under this section until a determination under subsection (a)(1) by the State agency or the Secretary, as the case may be, has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the individual concerned, and the determination has become final.
**(d)** **Recovered amount returned to Treasury** Any amount recovered under this section shall be returned to the Treasury of the United States.
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**Source Credit**: (Pub. L. 93–618, title II, § 243, Jan. 3, 1975, 88 Stat. 2026; Pub. L. 97–35, title XXV, § 2509, Aug. 13, 1981, 95 Stat. 887; Pub. L. 111–5, div. B, title I, § 1855, Feb. 17, 2009, 123 Stat. 394; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
### Termination of Assistance
For termination of assistance under this part after , see Termination Date note below.
## Editorial Notes
### Codification
Section reflects the , reversion to provisions in effect on . See Effective and Termination Dates of 2015 Revival note below.
, which provided for the , revival of this section as in effect on , was repealed by , , , and the provisions of this section, as in effect on , were temporarily revived, effective , until , by , §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below.
, which provided for , termination of amendment by , was repealed by , , , and the provisions of this section, as amended by and as in effect on , were temporarily revived, effective , until , by , §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below.
### Amendments
2015—, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.
2011—, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.
2009—Subsec. (a)(1). , §§ 1855(1), 1893, in introductory provisions, temporarily substituted “shall waive” for “may waive” and struck out “, in accordance with guidelines prescribed by the Secretary,” before “that—”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Subsec. (a)(1)(B). , §§ 1855(2), 1893, temporarily substituted “would cause a financial hardship for the individual (or the individual’s household, if applicable) when taking into consideration the income and resources reasonably available to the individual (or household) and other ordinary living expenses of the individual (or household)” for “would be contrary to equity and good conscience”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
1981—Subsec. (a). designated existing provisions as par. (1), revised provisions, made changes in nomenclature and, among other changes, inserted provisions respecting waiver, and added par. (2).
Subsec. (b). substituted provisions relating to ineligibility for other payments for provisions relating to deposit, return, and credit of repayments.
Subsecs. (c), (d). added subsecs. (c) and (d).
## Statutory Notes and Related Subsidiaries
### Effective and Termination Dates of 2015 Revival
For revival and applicability, beginning on , of the provisions of this section as in effect on , see section 402(b), (c) of , set out as a note preceding .
For reversion, beginning on , to the provisions of this section as in effect on , with certain exceptions and subject to , see , set out as a note preceding .
### Effective and Termination Dates of 2011 Revival
For revival and applicability, beginning on , of the provisions of this section as in effect on , see section 201(b), (c) of , set out as a note preceding .
, formerly set out as a note preceding , which provided for the reversion, beginning on , of the provisions of this section to those in effect on , subject to certain exceptions, was repealed by , , , effective . See Codification note above.
### Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by effective upon the expiration of the 90-day period beginning on , see , set out as a note under .
, formerly set out as a Termination Date of 2009 Amendment note preceding , which provided that, except as otherwise provided, amendment by not applicable on or after , and that this section be applied and administered beginning , as if amendment by had never been enacted, was repealed by , , , effective . See Codification note above.
### Effective Date of 1981 Amendment and Transition Provisions
Amendment by effective , with transition provisions applicable, see , set out as a note under .
### Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this part after , except as otherwise provided, see , as modified by , set out as notes preceding .