B-131054, APR. 23, 1957

B-131054: Apr 23, 1957

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HE WAS NOT ENTITLED TO SUCH ALLOWANCES DURING THE WEEKS ENDING JULY 20. IT WAS HELD IN PERTINENT PART (1) THAT THE DEBTOR "KNOWINGLY" ACCEPTED AN ALLOWANCE TO WHICH HE WAS NOT ENTITLED FOR THE WEEK ENDING JULY 20. IT WAS DECIDED THEREFORE THAT "RECOVERY SHOULD BE MADE OF THE OVERPAYMENT FOR THE WEEK (ENDING JULY 20. THE DEBTOR'S REQUEST FOR WAIVER OF RECOVERY OF THE PAYMENTS WAS DENIED. SUCH REFUSAL OF WAIVER IS NOT SUBJECT TO REVIEW BY OUR OFFICE. IT APPEARS FROM THE RECORD THAT THERE IS NO DISPUTE ON THE PART OF THE DEBTOR THAT HE WAS IN FACT EMPLOYED BY AUSTENAL LABORATORIES. UNLESS ARRANGEMENTS FOR PAYMENT OF THE INDEBTEDNESS ARE MADE BY THE DEBTOR WITHIN 30 DAYS OF THIS LETTER. WE WILL HAVE NO ALTERNATIVE BUT TO REFER THE MATTER TO THE DEPARTMENT OF JUSTICE FOR THE APPROPRIATE ACTION TO ENFORCE COLLECTION.

B-131054, APR. 23, 1957

TO MR. GEORGE PASCALE:

YOUR LETTER OF FEBRUARY 27, 1957, WRITTEN ON BEHALF OF MR. CHARLES P. BARBARO, 2226 WESTCHESTER ESPLANADE, NEW YORK, 69, NEW YORK, REQUESTS OUR REVIEW OF THE MATTER OF HIS INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $802. THE AMOUNT REPRESENTS OVERPAYMENT OF VETERANS ADMINISTRATION READJUSTMENT ALLOWANCE (UNEMPLOYMENT) BENEFITS UNDER THE PROVISIONS OF THE SERVICEMEN'S READJUSTMENT ACT OF 1944, 58 ST. 284, AS AMENDED.

IT APPEARS THAT THE DEBTOR CLAIMED AND RECEIVED THE ALLOWANCES UNDER THE REFERRED-TO STATUTE, DURING THE PERIOD FROM JULY 1947, TO JANUARY 1949. HE WAS NOT ENTITLED TO SUCH ALLOWANCES DURING THE WEEKS ENDING JULY 20, 1947, AND DECEMBER 12, 19 AND 26, 1948, RESPECTIVELY BY REASON OF HIS EMPLOYMENT DURING THOSE WEEKS.

IN PROCEEDINGS BEFORE THE UNEMPLOYMENT INSURANCE REFEREE SECTION, DEPARTMENT OF LABOR, STATE OF NEW YORK, ON JANUARY 3, 1950, IT WAS HELD IN PERTINENT PART (1) THAT THE DEBTOR "KNOWINGLY" ACCEPTED AN ALLOWANCE TO WHICH HE WAS NOT ENTITLED FOR THE WEEK ENDING JULY 20, 1947, PURSUANT TO WHICH HE BECAME INELIGIBLE FOR ANY SUBSEQUENT PAYMENTS UNDER SECTION 1300 OF TITLE V OF THE ACT. IT WAS DECIDED THEREFORE THAT "RECOVERY SHOULD BE MADE OF THE OVERPAYMENT FOR THE WEEK (ENDING JULY 20, 1947) AND ALL ALLOWANCES PAID SUBSEQUENT THERETO.' MOREOVER, THE DEBTOR'S REQUEST FOR WAIVER OF RECOVERY OF THE PAYMENTS WAS DENIED. SUCH REFUSAL OF WAIVER IS NOT SUBJECT TO REVIEW BY OUR OFFICE.

ALSO, IT APPEARS FROM THE RECORD THAT THERE IS NO DISPUTE ON THE PART OF THE DEBTOR THAT HE WAS IN FACT EMPLOYED BY AUSTENAL LABORATORIES, INCORPORATED, AND THE UNITED STATES RAILWAY MAIL SERVICE, DURING THE WEEKS INVOLVED.

ACCORDINGLY, UNLESS ARRANGEMENTS FOR PAYMENT OF THE INDEBTEDNESS ARE MADE BY THE DEBTOR WITHIN 30 DAYS OF THIS LETTER, WE WILL HAVE NO ALTERNATIVE BUT TO REFER THE MATTER TO THE DEPARTMENT OF JUSTICE FOR THE APPROPRIATE ACTION TO ENFORCE COLLECTION. IN THAT EVENT, INTEREST AND COURT COSTS MAY ALSO ACCRUE AGAINST MR. BARBARO.

ANY ARRANGEMENTS WHICH MR. BARBARO MAY PROPOSE TO LIQUIDATE HIS INDEBTEDNESS OR FURTHER CORRESPONDENCE RELATIVE TO THE MATTER SHOULD BE ADDRESSED TO OUR CLAIMS DIVISION, REFERRING TO CLAIM NO. Z-1292689.