---
kind: "section"
citation: "20 C.F.R. § 408.914"
title: "20"
number: "408.914"
heading: "When would overpayment recovery be against equity and good conscience?"
url: "https://uscodex.org/cfr/20/408.914"
---

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


We will waive recovery of an overpayment when you are without fault (as defined in [§ 408.912](/cfr/20/408.912.md)) 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

### 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.