US Codex
C.F.R.
Browse by date

View an earlier version

Latest
Current
Browse all versions by date
Notes

20 C.F.R. §§ 408.910–408.914

5 sections in range

§408.910. When will we waive recovery of an SVB overpayment?

20 C.F.R. § 408.910

We will waive recovery of an overpayment when:
(a)
You are without fault in connection with the overpayment, and
(b)
Recovery of such overpayment would either—
(1)
Defeat the purpose of the title VIII program, or
(2)
Be against equity and good conscience.
(c)
We will apply the procedures in this paragraph (c) when an individual requests waiver of all or part of a qualifying overpayment.
(1)
For purposes of this paragraph (c), a qualifying overpayment is one that accrued during the pandemic period (see § 408.902(b)) because of the actions that we took in response to the COVID-19 national public health emergency, including the suspension of certain of our manual workloads that would have processed actions identifying and stopping certain overpayments.
(2)
Notwithstanding any other provision of this subpart, we will presume that an individual who requests waiver of a qualifying overpayment is without fault in causing the overpayment (see § 408.912) unless we determine that the qualifying overpayment made to a beneficiary or a representative payee was the result of fraud or similar fault or involved misuse of benefits by a representative payee (see § 408.641).
(3)
If we determine under paragraph (c)(2) of this section that an individual or a representative payee is without fault in causing a qualifying overpayment, we will also determine that recovery of the qualifying overpayment would be against equity and good conscience. For purposes of this paragraph (c)(3) only, “against equity and good conscience” is not limited to the meaning used in § 408.914 but means a broad concept of fairness that takes into account all of the facts and circumstances of the case.
(4)
The provisions of this paragraph (c) will apply to a qualifying overpayment identified by December 31, 2020.
Notes, amendments, and revision history

Amendments

[69 FR 25955, May 10, 2004, as amended at 85 FR 52914, Aug. 27, 2020]

Authority

Authority: Secs. 702(a)(5), 808, and 1147 of the Social Security Act (42 U.S.C. 902(a)(5), 1008, and 1320b-17); 31 U.S.C. 3716; 31 U.S.C. 3720A.

Source

Source: 69 FR 25955, May 10, 2004, unless otherwise noted.

Source

Source: 68 FR 16418, Apr. 4, 2003, unless otherwise noted.

Amendments

[69 FR 25955, May 10, 2004, as amended at 85 FR 52914, Aug. 27, 2020]

§408.911. What happens when we waive recovery of an SVB overpayment?

20 C.F.R. § 408.911

Waiver of recovery of an overpayment from you (or, after your death, from your estate) frees you and your estate from the obligation to repay the amount of the overpayment covered by the waiver. Example: You filed for waiver of recovery of a $600 overpayment. We found that you are eligible for waiver of recovery of $260 of that amount. Only $340 of the overpayment would be recoverable from you or your estate.
Notes, amendments, and revision history

Authority

Authority: Secs. 702(a)(5), 808, and 1147 of the Social Security Act (42 U.S.C. 902(a)(5), 1008, and 1320b-17); 31 U.S.C. 3716; 31 U.S.C. 3720A.

Source

Source: 69 FR 25955, May 10, 2004, unless otherwise noted.

Source

Source: 68 FR 16418, Apr. 4, 2003, unless otherwise noted.

§408.912. When are you without fault regarding an overpayment?

20 C.F.R. § 408.912

(a)
General—when fault is relevant. If you request waiver of recovery of an overpayment, we must determine whether you were without fault. You are not relieved of liability and are not without fault solely because we may have been at fault in making the overpayment.
(b)
The factors we consider to determine whether you were without fault. When we determine whether you were without fault, we consider all the pertinent circumstances relating to the overpayment. We consider your understanding of your obligation to give us information affecting your payments, your agreement to report events, your knowledge of the occurrence of events that should have been reported, the efforts you made to comply with the reporting requirements, the opportunities you had to comply with the reporting requirements, your ability to comply with the reporting requirements (e.g., your age, comprehension, memory, physical and mental condition), and your understanding of the obligation to return payments that were not due. In determining whether you are without fault based on these factors, we will take into account any physical, mental, educational, or language limitations (including any lack of facility with the English language) you may have. We will determine that you were at fault if, after considering all of the circumstances, we find that the overpayment resulted from one of the following:
(1)
Your failure to furnish information which you knew or should have known was material;
(2)
An incorrect statement you made which you knew or should have known was incorrect (this includes furnishing your opinion or conclusion when you were asked for facts), or
(3)
You did not return a payment, which you knew, or could have been expected to know, was incorrect.
(c)
Special rule for qualifying overpayments. Notwithstanding any other provision of this subpart, we will not determine any overpaid individual to be at fault in causing a qualifying overpayment (see § 408.910(c)(1)) unless we determine that the qualifying overpayment made to an individual or a representative payee during the pandemic period (see § 408.902(b)) was the result of fraud or similar fault or involved misuse of benefits by a representative payee (see § 408.641).
Notes, amendments, and revision history

Amendments

[69 FR 25955, May 10, 2004, as amended at 85 FR 52914, Aug. 27, 2020]

Authority

Authority: Secs. 702(a)(5), 808, and 1147 of the Social Security Act (42 U.S.C. 902(a)(5), 1008, and 1320b-17); 31 U.S.C. 3716; 31 U.S.C. 3720A.

Source

Source: 69 FR 25955, May 10, 2004, unless otherwise noted.

Source

Source: 68 FR 16418, Apr. 4, 2003, unless otherwise noted.

Amendments

[69 FR 25955, May 10, 2004, as amended at 85 FR 52914, Aug. 27, 2020]

§408.913. When would overpayment recovery defeat the purpose of the title VIII program?

20 C.F.R. § 408.913

We will waive recovery of an overpayment when you are without fault (as defined in § 408.912) and recovery of the overpayment would defeat the purpose of the title VIII program. Recovery of an overpayment would defeat the purpose of the title VIII program to the extent that our recovery action would deprive you of income and resources you need to meet your ordinary and necessary living expenses as described in § 404.508(a) of this chapter.
Notes, amendments, and revision history

Authority

Authority: Secs. 702(a)(5), 808, and 1147 of the Social Security Act (42 U.S.C. 902(a)(5), 1008, and 1320b-17); 31 U.S.C. 3716; 31 U.S.C. 3720A.

Source

Source: 69 FR 25955, May 10, 2004, unless otherwise noted.

Source

Source: 68 FR 16418, Apr. 4, 2003, unless otherwise noted.

§408.914. When would overpayment recovery be against equity and good conscience?

20 C.F.R. § 408.914

We will waive recovery of an overpayment when you are without fault (as defined in § 408.912) and recovery would be against equity and good conscience. Recovery would be against equity and good conscience if you changed your position for the worse or gave up a valuable right in reliance on our notice that payment would be made or because of the incorrect payment itself. Example: Upon our notice that you are eligible for SVB payments, you signed a lease on an apartment renting for $15 a month more than the one you previously occupied. You were subsequently found ineligible for SVB and no benefits are payable. In this case, recovery of the overpayment would be considered “against equity and good conscience.”
Notes, amendments, and revision history

Authority

Authority: Secs. 702(a)(5), 808, and 1147 of the Social Security Act (42 U.S.C. 902(a)(5), 1008, and 1320b-17); 31 U.S.C. 3716; 31 U.S.C. 3720A.

Source

Source: 69 FR 25955, May 10, 2004, unless otherwise noted.

Source

Source: 68 FR 16418, Apr. 4, 2003, unless otherwise noted.