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Your Illinois Unemployment Overpayment Waiver, Explained
Last reviewed 2026-07-16
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What this notice usually means
The Illinois Department of Employment Security, or IDES, sends this letter when it decides it paid you unemployment money you did not earn. IDES often calls this letter a Notice of Reconsideration and Recoupment Decision. State law says you must pay that money back. There is one exception, called a waiver. IDES only grants a waiver when paying the money back would be unfair under a rule called equity and good conscience. This can mean real money trouble. It can also mean you gave up something valuable, or changed your plans, because you thought the payment was right. If IDES marks the overpayment as fraud, the rules and penalties get much harder. IDES makes the final call on every waiver.
See every source line for this notice
“Unless you are eligible for a waiver of overpayment, you are required to pay back any overpayments.”
“As defined in the Administrative Rules, recovery of the overpayment will be considered to be against equity and good conscience if: (1) It would cause financial hardship to the person from whom it is sought; (2) Regardless of the recipient's financial circumstances, the recipient can show that, based on the overpayment or notice that a benefit payment would be made, the recipient has: (A) relinquished a valuable right; or (B) changed positions for the worse; or (3) Recovery would be unconscionable under the circumstances.”
“If you do not repay the overpayment, the overpaid sums may be recovered from any future monies owed you by the State of Illinois Comptroller and your Unemployment Insurance benefits may be offset by 25% of your weekly benefit amount.”
“Until repaid a fraud overpayment may be recovered from any future monies owed to you by the State of Illinois Comptroller and your Unemployment Insurance benefits may be offset by 100%. Any unpaid or unrecovered amount of fraud overpayment will remain collectable and on your record indefinitely.”
“The amount recouped pursuant to paragraph 2 of subsection A from benefits payable to an individual for any week shall not exceed 25% of the individual’s weekly benefit amount.”
What to do now
- 1
Read your letter for the reason and the amount
Your notice should say whether IDES marked the overpayment as fraud or non fraud. This matters a lot, since the repayment rules and penalties are very different for each.
- 2
Ask IDES about a waiver if repaying would cause hardship
A waiver can apply if repaying the debt would cause financial hardship. It can also apply if you gave up a valuable right, or changed your position, because you believed the payment was correct. Ask IDES how to raise this for your case.
- 3
Check your deadline to dispute the decision
IDES letters that deny benefits generally must be appealed within 30 days of the mailing date. Your own letter has the deadline. It also has the address or fax number for your specific notice.
- 4
Ask about a payment plan if you cannot pay in full
If you owe money and it is not fraud, you can call the Benefit Overpayment line. Ask about a monthly plan instead of paying it all at once.
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IDES says a letter that denies benefits must generally be appealed within 30 days after it was mailed to you. Overpayment and waiver decisions can involve a similar clock. But the exact deadline, and the address for your response, are printed on your own notice. Use the date on your letter, not this page.
“By law you must file your appeal within 30 days after a letter of denial has been mailed to you.”
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Sources
- Illinois Department of Employment Security (IDES)Retrieved 2026-07-16
- Illinois Department of Employment Security (IDES)Retrieved 2026-07-16
- Illinois Department of Employment Security (IDES), UI Benefit HandbookRetrieved 2026-07-16
Last reviewed 2026-07-16
Related notices
Related words
Overpayment waiver
An overpayment waiver is a request to Social Security. It asks to skip paying back an overpayment. It applies when you were not at fault. It also applies in two other cases. One is when repayment would defeat the purpose of the benefit. The other is when repayment would be against equity and good conscience.
Overpayment
An overpayment is when Social Security pays you more benefits than it should have. The agency can ask for that extra amount back later.
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