{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/60.2-636.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/60.2-636.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/60.2-636.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/60.2-636.html"}],"law_id":66536,"edition_id":1,"section_id":66536,"structure_id":12885,"section_number":"60.2-636","catch_line":"Penalty for fraudulent claim","history":"2013, c. 771.","full_text":"A\n\nAny person who has been disqualified for benefits under subdivision 4 of § 60.2-618 and who, because of those same acts or omissions, has received any sum as benefits under this title to which the person is not entitled shall be assessed a penalty in an amount equal to 15 percent of the amount of the payment to which the person was not entitled. All penalties collected by the Commission shall be paid into the state treasury and credited to the clearing account of the Fund established pursuant to § 60.2-300. The penalty applies to an erroneous payment made under any state program providing for the payment of unemployment compensation as well as an erroneous payment made under any federal program providing for the payment of unemployment compensation. The notice of determination or decision advising the person that benefits have been denied or adjusted pursuant to subdivision 4 of § 60.2-618 shall include the reason for the finding of an erroneous payment, the penalty amount assessed under this section, and the reason the penalty has been applied.B\n\nThe amount of the penalty assessed pursuant to this section may be collected in any manner allowed for the recovery of the erroneous payment. When a recovery with respect to an erroneous payment is made, any recovery shall be applied first to the principal of the erroneous payment, then to the penalty amount imposed under this section, and finally to any other amounts due.","order_by":null,"text":{"0":{"id":241480,"text":"Any person who has been disqualified for benefits under subdivision 4 of § 60.2-618 and who, because of those same acts or omissions, has received any sum as benefits under this title to which the person is not entitled shall be assessed a penalty in an amount equal to 15 percent of the amount of the payment to which the person was not entitled. All penalties collected by the Commission shall be paid into the state treasury and credited to the clearing account of the Fund established pursuant to § 60.2-300. The penalty applies to an erroneous payment made under any state program providing for the payment of unemployment compensation as well as an erroneous payment made under any federal program providing for the payment of unemployment compensation. The notice of determination or decision advising the person that benefits have been denied or adjusted pursuant to subdivision 4 of § 60.2-618 shall include the reason for the finding of an erroneous payment, the penalty amount assessed under this section, and the reason the penalty has been applied.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":241481,"text":"The amount of the penalty assessed pursuant to this section may be collected in any manner allowed for the recovery of the erroneous payment. When a recovery with respect to an erroneous payment is made, any recovery shall be applied first to the principal of the erroneous payment, then to the penalty amount imposed under this section, and finally to any other amounts due.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":12885,"edition_id":1,"name":"Violations, Penalties, and Liabilities","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":12884,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":267991,"object_type":"structure","relational_id":12885,"identifier":"6","token":"60.2\/6\/6","url":"\/60.2\/6\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12884,"edition_id":1,"name":"Benefits","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12883,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":267835,"object_type":"structure","relational_id":12884,"identifier":"6","token":"60.2\/6","url":"\/60.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12883,"edition_id":1,"name":"Unemployment Compensation","identifier":"60.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":267273,"object_type":"structure","relational_id":12883,"identifier":"60.2","token":"60.2","url":"\/60.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75958,"structure_id":12885,"section_number":"60.2-632","catch_line":"False statements, etc., to obtain or increase benefits","url":"\/60.2-632\/","token":"60.2\/6\/6\/60.2-632","metadata":false},{"id":87367,"structure_id":12885,"section_number":"60.2-633","catch_line":"(Effective July 1, 2028) Receiving benefits to which not entitled","url":"\/60.2-633\/","token":"60.2\/6\/6\/60.2-633","metadata":false},{"id":54189,"structure_id":12885,"section_number":"60.2-634","catch_line":"Receiving back pay after reinstatement","url":"\/60.2-634\/","token":"60.2\/6\/6\/60.2-634","metadata":false},{"id":54009,"structure_id":12885,"section_number":"60.2-635","catch_line":"Deprivation of further benefits","url":"\/60.2-635\/","token":"60.2\/6\/6\/60.2-635","metadata":false},{"id":66536,"structure_id":12885,"section_number":"60.2-636","catch_line":"Penalty for fraudulent claim","url":"\/60.2-636\/","token":"60.2\/6\/6\/60.2-636","metadata":false},{"id":66665,"structure_id":12885,"section_number":"60.2-637","catch_line":"Notice of penalties for false or misleading statements","url":"\/60.2-637\/","token":"60.2\/6\/6\/60.2-637","metadata":false}],"previous_section":{"id":54009,"structure_id":12885,"section_number":"60.2-635","catch_line":"Deprivation of further benefits","url":"\/60.2-635\/","token":"60.2\/6\/6\/60.2-635","metadata":false},"next_section":{"id":66665,"structure_id":12885,"section_number":"60.2-637","catch_line":"Notice of penalties for false or misleading statements","url":"\/60.2-637\/","token":"60.2\/6\/6\/60.2-637","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/60.2-636\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapter 771<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":61574,"section_number":"60.2-618","catch_line":"Disqualification for benefits","order_by":null,"url":"\/60.2-618\/"}],"refers_to":[{"id":81092,"section_number":"60.2-300","catch_line":"Fund continued; accounts maintained","order_by":null,"url":"\/60.2-300\/"},{"id":61574,"section_number":"60.2-618","catch_line":"Disqualification for benefits","order_by":null,"url":"\/60.2-618\/"}],"permalink":{"id":268009,"object_type":"law","relational_id":66536,"identifier":"60.2-636","token":"60.2\/6\/6\/60.2-636","url":"\/60.2-636\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/60.2-636\/","token":"60.2\/6\/6\/60.2-636","dublin_core":{"Title":"Penalty for fraudulent claim","Type":"Text","Format":"text\/html","Identifier":"\u00a7 60.2-636","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who has been disqualified for benefits under subdivision 4 of § 60.2-618<\/a> and who, because of those same acts or omissions, has received any sum as benefits under this title to which the person is not entitled shall be assessed a penalty<\/span> in an amount equal to 15 percent of the amount of the payment to which the person was not entitled. All penalties collected by the Commission shall be paid into the state treasury and credited to the clearing account of the Fund established pursuant to § 60.2-300<\/a>. The penalty<\/span> applies to an erroneous payment made under any state program providing for the payment of unemployment compensation as well as an erroneous payment made under any federal program providing for the payment of unemployment compensation. The notice of determination or decision advising the person that benefits have been denied or adjusted pursuant to subdivision 4 of § 60.2-618<\/a> shall include the reason for the finding<\/span> of an erroneous payment, the penalty<\/span> amount assessed under this section, and the reason the penalty<\/span> has been applied. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The amount of the penalty<\/span> assessed pursuant to this section may be collected in any manner allowed for the recovery of the erroneous payment. When a recovery with respect to an erroneous payment is made, any recovery shall be applied first to the principal of the erroneous payment, then to the penalty<\/span> amount imposed under this section, and finally to any other amounts due. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPENALTY FOR FRAUDULENT CLAIM (\u00a7 60.2-636)\n\nA. Any person who has been disqualified for benefits under subdivision 4 of\n§ 60.2-618 and who, because of those same acts or omissions, has received\nany sum as benefits under this title to which the person is not entitled shall\nbe assessed a penalty in an amount equal to 15 percent of the amount of the\npayment to which the person was not entitled. All penalties collected by the\nCommission shall be paid into the state treasury and credited to the clearing\naccount of the Fund established pursuant to § 60.2-300. The penalty applies\nto an erroneous payment made under any state program providing for the payment\nof unemployment compensation as well as an erroneous payment made under any\nfederal program providing for the payment of unemployment compensation. The\nnotice of determination or decision advising the person that benefits have been\ndenied or adjusted pursuant to subdivision 4 of § 60.2-618 shall include\nthe reason for the finding of an erroneous payment, the penalty amount assessed\nunder this section, and the reason the penalty has been applied.\n\nB. The amount of the penalty assessed pursuant to this section may be collected\nin any manner allowed for the recovery of the erroneous payment. When a recovery\nwith respect to an erroneous payment is made, any recovery shall be applied\nfirst to the principal of the erroneous payment, then to the penalty amount\nimposed under this section, and finally to any other amounts due.\n\nHISTORY: 2013, c. 771.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}