Section 2835.30  Waiver Of Recoupment

a)         Recoupment from benefits payable to an individual for any week may be waived as to that week, upon the claimant's request in writing.

1)         The application for waiver shall identify the recoupment decision provided in 56 Ill. Adm. Code 2835.20, or shall have attached to it a copy of the recoupment decision.

2)         The application shall state the circumstances that would cause the claimant extreme financial hardship, provided in 56 Ill. Adm. Code 2835.45, if the recoupment decision is enforced.

3)         The claimant shall produce to the claims adjudicator any evidence in his possession that would establish the basis for the waiver of the recoupment.

b)         The Director shall approve the request for waiver of recoupment from benefits for a week or weeks for which the claimant certified as to his eligibility if the benefits have not been paid and if the claimant is able to prove that he received the recoverable benefits without fault, and recoupment in the week(s) would be against equity and good conscience pursuant to 56 Ill. Adm. Code 2835.45.