Behavioral Insights: Protecting Program Integrity in 2025

A Year of Proactive Change and Sustainable Solutions

As NASWA steps into the new year, Behavioral Insights (BI) is reflecting on its priorities and embarking on a transformative journey. This year, BI will focus on unemployment insurance (UI) program integrity by exploring behavioral strategies that address various errors and other challenges. In partnership with states, we can foster a system that meets regulatory standards and also builds trust with those it serves.

In this edition of the BI Beat, we discuss a common issue: unintentional noncompliance, such as from confusion or forgetfulness, and how to address it.

You’re preparing to file your taxes. You gather documents, double-check numbers and submit the forms. Weeks later, you receive a notice: you made an error. Confused, you wonder, “What did I do wrong?” It wasn’t intentional—after all, you were trying to follow the rules—but something slipped through the cracks.

This wasn’t a matter of neglect—it was an honest oversight, a gap in understanding the requirements. This type of misunderstanding is very common with complex processes like filing taxes or claiming unemployment insurance.

Unintentional noncompliance occurs when claimants fail to meet program requirements, not out of disregard, but because they don’t fully know or understand what’s expected of them. Behavioral science explains this as a result of cognitive limits—the mental constraints that occur when people are juggling too much information at once.

In UI programs, work search requirements exemplify this challenge. Claimants must complete a set number of job search activities each week, document them accurately, and submit a weekly certification to remain eligible for benefits.

While these requirements may seem straightforward, ambiguity often clouds the process. Despite receiving explanations (such as a handbook), claimants may not know what qualifies as a work search activity or how to document it properly. This can lead claimants to make assumptions, forget or avoid the task altogether.

When unintentional noncompliance goes unchecked, it strains UI systems in multiple ways. Improper reporting can lead to overpayments, which drain program resources and require costly corrections. State agencies must invest valuable time and effort to identify, investigate and address these errors, creating inefficiencies and slowing the process for all involved.

For claimants, these mistakes are often met with benefit delays, denials or overpayment notices—further exacerbating their stress during an already difficult time. This creates a cycle of frustration: claimants, penalized for errors they didn’t intend to make, may lose confidence in the fairness and transparency of the system. Public trust erodes when the public perceives programs as overly complex punitive, or inaccessible.

Addressing unintentional noncompliance, then, isn’t just about enforcement; it’s about supporting claimants and preserving program integrity.

For behavioral scientists, cognitive limits are both a challenge and a marvel. With minimal energy, our minds filter all but the most critical information. Even as we are surrounded by complex sights, sounds and sensations, our minds are able to balance an incredibly detailed memory with tight energy requirements.

Yet, in this information age, the limits of the mind are perhaps more obvious than in the past, and we routinely misidentify critical information, such as rules for UI compliance. Fortunately, by understanding how the mind processes information, communicators can intentionally structure their message to help compensate for the mind’s missteps.

The classic model of information processing includes three different memory systems.

• Sensory memory takes a picture-perfect, but momentary snapshot
• Working memory briefly holds a VIP-class of tidbits for our conscious awareness; and
• Long-term memory indefinitely stores a huge network of items waiting to be remembered.

Information is often dropped when passed between these systems. To compensate for this, communicators must

1. Bridge Sensory to Working Memory (getting attention): Most sensory snapshots are lost, as there are few spots available in working memory. Communicators must be fierce in making key concepts stand out. You can get loud with headers, colors, and bolding. Research shows that such visual prominence helps.
2. Bridge Working to Long-term Memory (getting connected): To be remembered, the bits in working memory must form connections with existing long-term memories, through a process called rehearsal. And the most likely bits to be rehearsed are compelling and clear. Thus, communicators should emphasize impact on claimants (such as the loss of UI benefits), while avoiding the distraction of confusing words, phrases, or structure (through plain language).
3. Bridge Long-term to Working Memory (getting recalled): Even when a new concept is well-connected, our minds’ process of recall is not exact—we fail to retrieve things that are in our long-term memory. For this reason, reminders are critical, especially for new tasks. Reminders have been used in the medical field, taxation, and even in Michigan’s UI program.

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Addressing unintentional noncompliance doesn’t require overhauling the system. By understanding how the mind processes information, we can make small, meaningful adjustments to communications that yield significant improvements.

• Use formatting: Use features like bolding, color, highlighting, call-out boxes, and headings to help make information immediately available. You can use a one-pager or even a video.
• Be clear: Use plain language to explain what counts as a work search activity, how often claimants must complete tasks and how to document them. Avoid jargon or vague instructions. Simplify your introductory materials.
• Send compelling reminders: Send text or email nudges before key deadlines, such as “Reminder: Submit your work search activities by Friday to keep your benefits.”
• Call out mistakes & progress: Create intuitive portals that track progress, highlight incomplete steps, and provide helpful tips, including real-time alerts if information is missing or incomplete.

Complex processes can trip up claimants and create costly challenges. By applying behavioral insights, UI programs can better support the people they serve, reduce errors and protect program integrity.