Page:United States Statutes at Large Volume 101 Part 2.djvu/1119

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-325

(2) Not later than four years after the date of the enactment of this Act, the Secretary shall submit a final report to the Congress on such program. (h) FRAUD AND OVERPAYMENTS.—(1) If an individual knowingly

has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received payment under this section to which he was not entitled, such individual shall be— (A) ineligible for further assistance under this section; and (B) subject to prosecution under section 1001 of title 18, United States Code. (2)(A) If any person received any payment under this section to which such person was not entitled, the State is authorized to require such person to repay such assistance; except that the State agency may waive such repayment if it determines that— (i) the providing of such assistance or making of such payment was without fault on the part of such person; and (ii) such repayment would be contrary to equity and good conscience. (B) No repayment shall be required under subparagraph (A) until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the person, and the determination has become final. Any determination under such subparagraph shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent. (i) DEFINITIONS.—For purposes of this section— (1) the term "eligible individual" means, with respect to any benefit year, an individual who— (A) is eligible to receive regular or extended compensation under the State law during such benefit year; I (B) is likely to receive unemployment compensation for ( the maximum number of weeks that such compensation is made available under the State law during such benefit year;

(C) submits an application to the State agency for a self^' ' employment allowance under this section; and (D) meets applicable State requirements, except that not more than (i) 3 percent of the number of individuals eligible to receive regular compensation in a State at the beginning of a fiscal year, or (ii) the number of persons who exhausted their unemployment compensation benefits in the fiscal year ending before such fiscal year, whichever is lesser, may be considered as eligible individuals for such State for purposes of this section during such fiscal year; (2) the term "self-employment allowance" means compensation paid under this section for the purpose of assisting an eligible individual with such individual's self-employment; and (3) the terms "compensation", "extended compensation", "regular compensation", "benefit year", "State", and "State law", have the respective meanings given to such terms by section 205 of the Federal-State Extended Unemployment Compensation Act of 1970.

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