New Jersey § 43:21-55

§ 43:21-55.

(a) If it is determined by the division that an individual for any reason has received,

under the State plan, an approved private plan or for a disability during unemployment,

any sum of disability benefits, including benefits during a period of family temporary

disability leave, to which the individual was not entitled, the individual shall,

except as provided in subsection (b) of this section, be liable to repay the sum in

full. Except as provided in subsection (b) of this section, the sum that the individual

is liable to repay shall be deducted from future benefits payable to the individual

under P.L.1948, c. 110 ( C.43:21-25 et al.) or subsection (f) of R.S.43:21-4 , or shall be repaid by the individual to the division, the employer or the insurer,

and that sum shall be collectible in the manner provided for by law, including, but

not limited to, the filing of a certificate of debt with the Clerk of the Superior

Court of New Jersey; except that no individual who does not knowingly misrepresent

or withhold any material fact to obtain benefits shall be liable for any repayments

or deductions against future benefits unless notified before four years have elapsed

from the time the benefits in question were paid. The division shall promptly notify the individual by mail of the determination and

the reasons for the determination. Unless the individual files an appeal of the determination within 20 calendar days

following the receipt of the notice, or, within 24 days after the notice was mailed

to the individual's last known address, the determination shall be final. (b) If the individual received the overpayment of benefits because of an error made by the division, the employer or the physician, and if the individual

did not knowingly misrepresent or withhold any material fact to obtain the benefits,

the following limits shall apply: (1) The amount withheld from any subsequent benefit check shall be an amount not greater

than 50% of the amount of the check; and (2) Any repayments of the overpayments by the individual or the estate of the individual may be waived , but all repayments of overpayments shall be waived in cases in which the individual is deceased or permanently disabled. Any demand for repayment from an individual pursuant to this subsection shall include

an explanation of the provisions of this subsection.