Question juridique clé
Whether the unemployment fund could set off its restitution claim before the restitution decision became final and before deciding on remission.
Solution extraite
No. Compensation may occur only after the restitution decision is final and any remission request has been decided.
Motifs extraits
Restitution and remission are separate procedures under Art. 25 LPGA. Set-off under Art. 94 LACI is an extinction method that presupposes a final restitution claim; otherwise the insured's right to seek remission would be undermined.