---
kind: "section"
citation: "20 C.F.R. § 404.509"
title: "20"
number: "404.509"
heading: "Against equity and good conscience; defined."
url: "https://uscodex.org/cfr/20/404.509"
---

# §404.509. Against equity and good conscience; defined.

- (a) Recovery of an overpayment is against equity and good conscience (under title II and title XVIII) if an individual—
  - (1) Changed his or her position for the worse (Example 1) or relinquished a valuable right (Example 2) because of reliance upon a notice that a payment would be made or because of the overpayment itself; or
  - (2) Was living in a separate household from the overpaid person at the time of the overpayment and did not receive the overpayment (Examples 3 and 4).
- (b) The individual's financial circumstances are not material to a finding of against equity and good conscience.

## Notes

### Amendments

[53 FR 25483, July 7, 1988]

### Authority

Authority: Secs. 204, 205(a), 702(a)(5), and 1147 of the Social Security Act (42 U.S.C. 404, 405(a), 902(a)(5), and 1320b-17); 31 U.S.C. 3711; 31 U.S.C. 3716; 31 U.S.C. 3720A.

### Amendments

[53 FR 25483, July 7, 1988]