Legal References for Unemployment
When you apply for and collect unemployment benefits, you agree to follow the state and federal laws listed on this page.
Overpayments are a part of the Benefit Payment Control (BPC) program. This program protects the integrity of the Unemployment Insurance Trust Fund by:
- Preventing improper payment of benefits.
- Detecting improper payments.
- Recovering overpayments.
- Prosecuting fraud cases.
Legal Authority
The BPC program’s legal authority comes from the Social Security Act (Title III) and the Internal Revenue Code. For more information, review:
- Code of Federal Regulations (CFR) — Refer to Title 20 (Chapters III and V) and Title 29.
- California Unemployment Insurance Code (CUIC), 1375
- California Unemployment Insurance Code (CUIC), 1376
- California Code of Regulations, Title 22, 1375 1
- California Code of Civil Procedure, Section 337
California Unemployment Insurance Code
- Section 1253(a) states all benefit claims must follow EDD regulations.
- Section 1257(a) states that individuals who give false information to the EDD to obtain unemployment benefits are disqualified from benefits.
- Section 1375.1 states that individuals who give false information to the EDD to obtain unemployment benefits, or withhold facts, will face overpayment penalties.
California Code of Regulations
- Title 22, Section 1326-2 (b)(2)(A) states that the EDD may require a claimant to verify their Social Security Number (SSN) as issued to them by the Social Security Administration (SSA), if the EDD believes the SSN belongs to someone else or is not a valid number.