§ 1367b. Supplemental Nutrition Assistance Program intercept of unemployment benefits

(a) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether he or she owes an uncollected overissuance of Supplemental Nutrition Assistance Program benefits as defined in 7 U.S.C. § 2022(c)(1). The Commissioner shall notify the State agency administering the Supplemental Nutrition Assistance Program enforcing such obligation of any individual who discloses that he or she owes an uncollected overissuance of Supplemental Nutrition Assistance Program benefits and who is determined to be eligible for unemployment compensation.

(b) Notwithstanding the provisions of sections 1366 and 1367 of this title, the Commissioner shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected overissuance of Supplemental Nutrition Assistance Program Benefits:

(1) the amount specified by the individual to the Commissioner to be deducted and withheld under this section;

(2) the amount, if any, determined pursuant to an agreement submitted to the State agency administering the Supplemental Nutrition Assistance Program under 7 U.S.C. § 2022(c)(3)(A); or

(3) any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to 7 U.S.C. § 2022(c)(3)(B).

(c) Any amount deducted and withheld under subsection (b) of this section shall be paid by the Commissioner to the appropriate State agency administering the Supplemental Nutrition Assistance Program.

(d) Any amount deducted and withheld under subsection (b) of this section shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the State agency administering the Supplemental Nutrition Assistance Program as repayment of the individual's uncollected overissuance of Supplemental Nutrition Assistance Program benefits.

(e) As used in this section, the term "unemployment compensation" means any compensation payable under this chapter and any federal benefit payments made pursuant to agreements with the U.S. Department of Labor.

(f) This section applies only if arrangements have been made for reimbursement by the State agency administering the Supplemental Nutrition Assistance Program for the administrative costs incurred by the Commissioner under this section which are attributable to the repayment of uncollected overissuances of Supplemental Nutrition Assistance Program benefits to the State agency administering the Supplemental Nutrition Assistance Program.

(g) Any deduction and withholding authorized by this section shall not exceed 25 percent of the individual's weekly benefit amount. (Added 1997, No. 101 (Adj. Sess.), § 5; amended 2013, No. 131 (Adj. Sess.), § 126, eff. May 20, 2014.)