---
kind: "section"
citation: "20 C.F.R. § 255.13"
title: "20"
number: "255.13"
heading: "When recovery is against equity or good conscience."
url: "https://uscodex.org/cfr/20/255.13"
---

# §255.13. When recovery is against equity or good conscience.

- (a) Recovery is considered to be against equity or good conscience if a person, in reliance on payments made to him or her or on notice that payment would be made, relinquished a significant and valuable right (Example 1 of this section) or changed his or her position to his or her substantial detriment (Example 2 of this section).
- (b) An individual's ability to repay an overpayment is not material to a finding that recovery would be against equity or good conscience but is relevant with respect to the credibility of a claim of detrimental reliance under [paragraph (a)](#a) of this section.
- (c) This section may be illustrated by the following examples:

## Notes

### Authority

Authority: 45 U.S.C. 231f(b)(5); 45 U.S.C. 231i.

### Source

Source: 62 FR 64163, Dec. 4, 1997, unless otherwise noted.