A Hawaii unemployment overpayment notice means the state says it paid you benefits you were not entitled to — because of an agency or employer error (non-fault), because of something you reported wrong (fault), or because of a knowing false statement (fraud). Which of the three it is decides everything: whether a waiver is possible, whether penalty weeks attach, and how hard the state collects.
This guide explains the three kinds, the waiver and repayment rules, what Hawaii can offset, and how to appeal the notice before the deadline. Verified against Hawaii Department of Labor and Industrial Relations as of October 2026.
Hawaii Unemployment Overpayment at a Glance
| Non-fault overpayment | Hawaii counts an overpayment as “fault” if the claimant made a statement they knew or should have known was wrong, left out information they knew or… |
| Waiver available | Under HRS 383-44(a), a claimant is generally liable to repay unless the overpayment was received without fault and recovering it would be against… |
| Penalty weeks | Under HRS 383-30 (the false-statement disqualification, currently numbered paragraph 5), a claimant found to have… |
| Days to appeal the notice | 10 days from the mailing date of the determination (or from delivery, if it was not mailed), under HRS 383-38(a). For good cause, the deadline can be extended to 30 days. Appeals go to the department or to the Employment Security Appeals Referees’ Office. This version of the statute is in effect through March 31, 2027. |
| Overpayment unit | Benefit Overpayment / UI Call Center: 808-762-5752 or 833-901-2272 |
In This Hawaii Unemployment Overpayment Guide:
The Three Kinds of Hawaii Unemployment Overpayment
Every Hawaii unemployment overpayment notice names one of these three, and the name on the notice drives the rest of this page.
Hawaii counts an overpayment as “fault” if the claimant made a statement they knew or should have known was wrong, left out information they knew or should have known mattered, or accepted a payment they could reasonably have known was incorrect (HAR 12-5-85). If none of these apply, as with an agency or employer error, it is generally treated as non-fault.
Fraud means knowingly making a false statement or hiding a material fact to get benefits (HRS 383-30).
Hawaii Unemployment Overpayment Rules at a Glance
| Fault vs non-fault | Hawaii counts an overpayment as “fault” if the claimant made a statement they knew or should have known was wrong, left out information they knew or should have known… |
| Waiver rule | Under HRS 383-44(a), a claimant is generally liable to repay unless the overpayment was received without fault and recovering it would be against equity and good… |
| Waiver form | NONE. No standalone waiver form was found. The state directs claimants with an overpayment to book an adjudication appointment at https://labor.hawaii.gov/ui/appointments/ |
| Pay online | Since July 17, 2024, overpaid benefits can be repaid online by credit card, debit card or eCheck at https://labor.hawaii.gov/ui/online-repayment-of-overpaid-benefits/ Payments can also be made by mail or in person at a local claims office. |
| Penalty weeks | Under HRS 383-30 (the false-statement disqualification, currently numbered paragraph 5), a claimant found to have knowingly made a false statement or hidden a material fact to get benefits is disqualified. |
| Fraud penalty | For determinations dated on or after October 1, 2013, Hawaii adds a penalty of 15 percent of the overpaid amount when the overpayment comes with a fraud disqualification under HRS 383-30 (HRS 383-44(b)). |
| Appeal the notice within | 10 days from the mailing date of the determination (or from delivery, if it was not mailed), under HRS 383-38(a). For good cause, the deadline can be extended to 30 days. Appeals go to the department or to the Employment Security Appeals Referees’ Office. This version of the statute is in effect through March 31, 2027. days |
| Phone | Benefit Overpayment / UI Call Center: 808-762-5752 or 833-901-2272 |
Getting a Hawaii Unemployment Overpayment Waived
Under HRS 383-44(a), a claimant is generally liable to repay unless the overpayment was received without fault and recovering it would be against equity and good conscience. Under HAR 12-5-85 the department may consider whether proper notice was given, the hardship repayment would cause, and the effect on the program’s goals. Most claimants ask by booking an adjudication appointment with the UI Division. Decisions are made case by case.
Use NONE. No standalone waiver form was found. The state directs claimants with an overpayment to book an adjudication appointment at https://labor.hawaii.gov/ui/appointments/.
Hawaii Unemployment Overpayment Repayment Plans and Offsets
If you cannot pay in full, ask the overpayment unit for a repayment plan in writing before the first offset. Since July 17, 2024, overpaid benefits can be repaid online by credit card, debit card or eCheck at https://labor.hawaii.gov/ui/online-repayment-of-overpaid-benefits/ Payments can also be made by mail or in person at a local claims office.
Unpaid balances are offset against future unemployment benefits, state tax refunds and, through the federal Treasury Offset Program, federal tax refunds.
Hawaii Unemployment Overpayment Penalty Weeks and Fraud Penalties
Under HRS 383-30 (the false-statement disqualification, currently numbered paragraph 5), a claimant found to have knowingly made a false statement or hidden a material fact to get benefits is disqualified. The disqualification starts the week of the determination and runs for the following 24 calendar months. It does not apply if criminal proceedings have been started under HRS 383-141.
For determinations dated on or after October 1, 2013, Hawaii adds a penalty of 15 percent of the overpaid amount when the overpayment comes with a fraud disqualification under HRS 383-30 (HRS 383-44(b)). Federal rules do not allow a fraud overpayment to be waived.
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Appealing a Hawaii Unemployment Overpayment Notice
You can appeal the overpayment determination itself within 10 days from the mailing date of the determination (or from delivery, if it was not mailed), under HRS 383-38(a). For good cause, the deadline can be extended to 30 days. Appeals go to the department or to the Employment Security Appeals Referees’ Office.
This version of the statute is in effect through March 31, 2027. days, the amount, the fault finding, or the denial of a waiver — each is a separate decision with its own deadline. Our Hawaii appeal guide covers the hearing.
Free Help With a Hawaii Unemployment Overpayment
Got an overpayment notice you do not understand?
Free legal aid offices in Hawaii handle unemployment overpayments every week, and the agency’s own phone line can explain the notice. Both are free; call before the appeal window closes. Find your nearest office through Legal Services Corporation.
The department says it reviews every overpayment it adjudicates for possible fraud before it considers forgiving it. A pending overpayment can hold up current benefit payments, and claimants are directed to book an adjudication appointment, held by phone. HRS 383-38 has a new version taking effect April 1, 2027. 2026 bill HB2165 proposes changes to HRS 383-44(a); confirm the current text with the state agency.
If someone else filed in your name: that is not an overpayment you owe — it is identity theft. Our Hawaii fraud guide has the reporting steps and the corrected 1099-G.
Hawaii — the bottom line
- A Hawaii unemployment overpayment is one of three kinds — non-fault, fault or fraud — and the kind decides whether a waiver is possible.
- You can appeal a Hawaii unemployment overpayment notice, the amount, the fault finding and the waiver denial, each on its own deadline.
- Unpaid Hawaii unemployment overpayment balances are offset against future benefits and tax refunds — ask for a repayment plan early.
Frequently Asked Questions
Do I have to pay back an unemployment overpayment in Hawaii?
Usually yes, unless the state grants a waiver for a non-fault overpayment. Under HRS 383-44(a), a claimant is generally liable to repay unless the overpayment was received without fault and recovering it would be against equity and good conscience.
Can an unemployment overpayment be forgiven in Hawaii?
Under HRS 383-44(a), a claimant is generally liable to repay unless the overpayment was received without fault and recovering it would be against equity and good conscience.
What are penalty weeks in Hawaii?
Under HRS 383-30 (the false-statement disqualification, currently numbered paragraph 5), a claimant found to have knowingly made a false statement or hidden a material fact to get benefits is disqualified. The disqualification starts the week of the determination and runs for the following 24 calendar months.
Can Hawaii take my tax refund for an unemployment overpayment?
Yes — state and federal tax refunds and future benefits can be offset against an unpaid overpayment.
Official Hawaii Sources & Resources
- Hawaii Department of Labor and Industrial Relations: https://labor.hawaii.gov/ui/
- Hawaii unemployment statute: Haw. Rev. Stat. ch. 383
- U.S. Department of Labor — Unemployment Insurance: dol.gov
This Hawaii unemployment overpayment guide was last verified against official Hawaii sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More Hawaii Unemployment Guides
- Hawaii Unemployment Appeal: Deadline and Hearing
- Hawaii Unemployment Fraud: Reporting and Penalties
- How to Apply for Unemployment in Hawaii
- Unemployment Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Unemployment benefit amounts, deadlines and rules change — every figure here carries the date we verified it. Confirm the current figure and any deadline with your state unemployment agency before you act.