---
kind: "section"
citation: "20 C.F.R. § 416.550"
title: "20"
number: "416.550"
heading: "Waiver of adjustment or recovery—when applicable."
url: "https://uscodex.org/cfr/20/416.550"
---

# §416.550. Waiver of adjustment or recovery—when applicable.


Waiver of adjustment or recovery of an overpayment of SSI benefits may be granted when (EXCEPTION: This section does not apply to a sponsor of an alien):

- (a) The overpaid individual was without fault in connection with an overpayment, and
- (b) **Adjustment or recovery of such overpayment would either—**
  - (1) Defeat the purpose of title XVI, or
  - (2) Be against equity and good conscience, or
  - (3) **Impede efficient or effective administration of title XVI due to the small amount involved.**
- (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 [§ 416.537(c)](/cfr/20/416.537.md?p=c)) 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 [§ 416.552](/cfr/20/416.552.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 [§ 416.641](/cfr/20/416.641.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 [§ 416.554](/cfr/20/416.554.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)(4)](#c-4) will apply to a qualifying overpayment identified by December 31, 2020.

## Notes

### Amendments

[52 FR 8882, Mar. 20, 1987, as amended at 53 FR 16543, May 10, 1988; 85 FR 52915, Aug. 27, 2020]

### Authority

Authority: Secs. 702(a)(5), 1147, 1601, 1602, 1611(c) and (e), and 1631(a)-(d) and (g) of the Social Security Act (42 U.S.C. 902(a)(5), 1320b-17, 1381, 1381a, 1382(c) and (e), and 1383(a)-(d) and (g)); 31 U.S.C. 3716; 31 U.S.C. 3720A.

### Amendments

[52 FR 8882, Mar. 20, 1987, as amended at 53 FR 16543, May 10, 1988; 85 FR 52915, Aug. 27, 2020]