---
kind: "section"
citation: "20 C.F.R. § 408.910"
title: "20"
number: "408.910"
heading: "When will we waive recovery of an SVB overpayment?"
url: "https://uscodex.org/cfr/20/408.910"
---

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


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)](#c) when an individual requests waiver of all or part of a qualifying overpayment.
  - (1) For purposes of this [paragraph (c)](#c), a qualifying overpayment is one that accrued during the pandemic period (see [§ 408.902(b)](/cfr/20/408.902.md?p=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](/cfr/20/408.912.md)) 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](/cfr/20/408.641.md)).
  - (3) If we determine under [paragraph (c)(2)](#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)](#c-3) only, “against equity and good conscience” is not limited to the meaning used in [§ 408.914](/cfr/20/408.914.md) 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)](#c) will apply to a qualifying overpayment identified by December 31, 2020.

## Notes

### 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]