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Eligible for EUC, but not regular benefits

Customer Question
If a new claim was...
If a new claim was filed, but was eligible for extended or emergency benefits under a previous claim year, which one is superior?
Submitted: 8 years ago.Category: Employment Law
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Answered in 38 minutes by:
6/29/2010
Employment Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Law Educator, Esq.
Category: Employment Law
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The new claim is superior to the extended benefits since that is an emergency benefit. Once you file the new claim the old claim on extended benefits is closed and the new claim with the new benefit year takes over.


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Customer reply replied 8 years ago
Okay, so the new claim should take precedent, but what if that did not happen? That is part of my issue because the NCESC said I had an overpayment. However, they knew I was working part time because I listed my wages during my weekly certification.
Employment Lawyer: Law Educator, Esq., Attorney replied 8 years ago
I do not understand what you mean, "what if that did not happen?" If it did not happen you would continue on your emergency benefit claim and would not have had any new claim to make. When you are overpaid, even in error, you must repay. If you gave them notice you were working part time and they made a mistake in calculating the payment you are still liable for paying them if you were not to receive that payment.
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