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Notes

31 C.F.R. §§ 29.511–29.514

4 sections in range

§29.511. Demand letters.

31 C.F.R. § 29.511

Except as provided in § 29.516(e), before starting collection action to recover an overpayment, the Benefits Administrator must send a demand letter that informs the debtor in writing—
(a)
That an overpayment has occurred, the amount of the overpayment, and the facts giving rise to the overpayment;
(b)
The date by which payment of the debt should be made to avoid additional charges (i.e., interest, penalties and administrative costs) permitted by the FCCS and enforced collection;
(c)
The requirement that any overpayment debt delinquent for more than 180 days be transferred to the Department of the Treasury's Financial Management Service for collection;
(d)
The name, address, and phone number of the appropriate person or office the debtor may contact about the debt;
(e)
The remedies which may be used to enforce payment of the debt, including assessment of interest, administrative costs and penalties; administrative wage garnishment; the use of collection agencies; Federal salary offset; tax refund offset; administrative offset; and litigation.
(f)
Whether offset is available and, if so, the types of payment(s) to be offset or eligible for offset, the repayment schedule (if any), the right to request an adjustment in the repayment schedule, and the right to request a voluntary repayment agreement in lieu of offset;
(g)
An explanation of the Department's policy on interest, penalties, and administrative costs as set forth in 31 CFR part 5, the FCCS, and 31 U.S.C. 3717, including a statement that such assessments must be made unless excused in accordance with the FCCS;
(h)
The debtor's opportunity to request repayment in installments if the debtor can show an inability to repay the debt in one lump sum;
(i)
The debtor's opportunity to inspect and/or receive a copy of the records relating to the overpayment;
(j)
The method and time period (60 calendar days) for requesting reconsideration, waiver, and/or compromise of the overpayment;
(k)
That all requests for waiver or compromise must be accompanied by a disclosure of the debtor's financial condition and ability to pay the debt;
(l)
The standards used by the Department in deciding requests for waiver (set forth in §§ 29.521 through 29.526) and compromise (set forth in 31 CFR 902.2); and
(m)
The fact that a timely filing of a request for reconsideration, waiver and/or compromise, or a subsequent timely appeal of a reconsideration decision, will stop collection proceedings, unless—
(1)
Failure to take the offset would substantially prejudice the Federal Government's ability to collect the debt; and
(2)
The time before the payment is to be made does not reasonably permit the completion of these procedures.
Notes, amendments, and revision history

Source

Source: 66 FR 36705, July 13, 2001, unless otherwise noted.

Authority

Authority: Subtitle A and Chapter 3 of Subtitle H, of Pub. L. 105-33, 111 Stat. 712-731 and 786-787; as amended.

Source

Source: 65 FR 77501, Dec. 12, 2000, unless otherwise noted.

§29.512. Reconsideration by the Benefits Administrator.

31 C.F.R. § 29.512

(a)
Right to reconsideration of overpayment determinations. Individuals who receive a demand letter and who wish to contest the existence or amount of the overpayment may ask the Benefits Administrator to reconsider the determination.
(b)
Requests for waiver or compromise. Individuals who wish to seek waiver or compromise of the overpayment may file such requests with the Department under § 29.514. An individual may file a request for reconsideration in addition to a request for waiver or compromise.
(c)
Form and timing of requests for reconsideration.
(1)
A request for reconsideration must be in writing and must state the basis for the request. Individuals requesting reconsideration will be given a full opportunity to present any pertinent information and documentation supporting their position and should, to the extent possible, include such information and documentation in their request.
(2)
A request for reconsideration must be received by the Benefits Administrator within 60 calendar days of the date of the demand letter. The Department may extend the time limit for filing when the individual shows that he or she was not notified of the time limit and was not otherwise aware of it, or that he or she was prevented by circumstances beyond his or her control from making the request within the time limit, or for other good and sufficient reason.
(3)
When a request for reconsideration covered by this subpart is properly filed before the death of the debtor, it will be processed to completion unless the relief sought is nullified by the debtor's death.
(d)
Reconsideration decisions.
(1)
The Benefits Administrator's decision on a request for reconsideration will be based upon the individual's written submissions, evidence of record, and other pertinent available information.
(2)
A reconsideration decision by the Benefits Administrator must—
(i)
Be in writing;
(ii)
Provide notice of the extent of the individual's liability for the overpayment, if any;
(iii)
If the individual is determined to be liable for all or a portion of the overpayment, reaffirm or modify the conditions for the collection of the overpayment previously proposed in the demand letter;
(iv)
Provide notice of the right to appeal the Benefits Administrator's decision to the Department, the address to which such an appeal must be submitted, and the time limits applicable to such an appeal; and
(v)
State that a timely appeal of the Benefits Administrator's decision to the Department will suspend action to collect the debt.
(e)
Appeal of reconsideration decisions. The Department will review an appeal of a reconsideration decision under § 29.513.
Notes, amendments, and revision history

Source

Source: 66 FR 36705, July 13, 2001, unless otherwise noted.

Authority

Authority: Subtitle A and Chapter 3 of Subtitle H, of Pub. L. 105-33, 111 Stat. 712-731 and 786-787; as amended.

Source

Source: 65 FR 77501, Dec. 12, 2000, unless otherwise noted.

§29.513. Appeals to the Department.

31 C.F.R. § 29.513

(a)
Form of appeal. An appeal of a reconsideration decision under § 29.512 must be in writing and must state the basis for the appeal.
(b)
Time limits on appeals.
(1)
An appeal must be received by the Department within 60 calendar days from the date of the reconsideration decision.
(2)
The Department may extend the time limit for filing when the individual shows that he or she was not notified of the time limit and was not otherwise aware of it, or that he or she was prevented by circumstances beyond his or her control from making the request within the time limit, or for other good and sufficient reason.
(c)
Final decision. After consideration of the appeal, the Department will issue a final decision. The Department's decision will be in writing, will fully set forth the Department's findings and conclusions on the appeal, and will contain notice of the right to judicial review provided in § 29.515. If the Department determines that the individual is liable for all or a portion of the overpayment, the decision also will contain the conditions for the collection of the overpayment. Copies of the final decision will be sent to the individual seeking appeal and to the Benefits Administrator.
Notes, amendments, and revision history

Source

Source: 66 FR 36705, July 13, 2001, unless otherwise noted.

Authority

Authority: Subtitle A and Chapter 3 of Subtitle H, of Pub. L. 105-33, 111 Stat. 712-731 and 786-787; as amended.

Source

Source: 65 FR 77501, Dec. 12, 2000, unless otherwise noted.

§29.514. Requests for waiver and/or compromise.

31 C.F.R. § 29.514

(a)
Right to request waiver and/or compromise. Individuals who receive a demand letter regarding an overpayment may ask the Department to waive and/or compromise, in whole or part, the amount of the overpayment.
(b)
Requests for reconsideration. Individuals who have filed a request for reconsideration under § 29.512 may also request a waiver and/or compromise under this section.
(c)
Form and timing of requests for waiver and/or compromise.
(1)
A request for waiver and/or compromise must be in writing and must state the basis for the request. Individuals making such requests will be given a full opportunity to present any pertinent information and documentation supporting their position and should, to the extent possible, include such information and documentation in their request. Individuals seeking waiver or compromise of an overpayment must also submit required financial information identified in the demand letter.
(2)
A request for waiver or compromise must be filed with the Department. If the request is sent by mail, it must be postmarked within 60 calendar days of the date of the demand letter. If the request is hand delivered or delivered electronically, it must be received within 60 calendar days of the date of the demand letter. The Department may extend the time limit for filing when the individual shows that he or she was not notified of the time limit and was not otherwise aware of it, or that he or she was prevented by circumstances beyond his or her control from making the request within the time limit, or for other good and sufficient reason.
(3)
When a request for waiver and/or compromise under this section is properly filed before the death of the debtor, it will be processed to completion unless the relief sought is nullified by the debtor's death.
(d)
Waiver and/or compromise decisions.
(1)
The Department's decision on a request for waiver and/or compromise will be based upon the individual's written submissions, evidence of record, and other pertinent available information. An individual's request for waiver will be evaluated by the standards set forth in §§ 29.521 through 29.526. An individual's request for compromise will be evaluated by the standards set forth in the FCCS in 31 CFR part 902.
(2)
A waiver or compromise decision by the Department will—
(i)
Be in writing;
(ii)
Provide notice of whether the overpayment will be waived or compromised, and the extent to which the individual is still liable for the overpayment, if at all;
(iii)
If the individual is determined to be liable for all or a portion of the overpayment, reaffirm or modify the conditions for the collection of the overpayment previously proposed in the demand letter; and
(iv)
Be issued within 120 calendar days from the Department's receipt of a timely request for waiver and/or compromise. This time limit does not apply to requests for compromise that are referred to the Department of Justice for consideration pursuant to 31 CFR 902.1(b).
Notes, amendments, and revision history

Source

Source: 66 FR 36705, July 13, 2001, unless otherwise noted.

Authority

Authority: Subtitle A and Chapter 3 of Subtitle H, of Pub. L. 105-33, 111 Stat. 712-731 and 786-787; as amended.

Source

Source: 65 FR 77501, Dec. 12, 2000, unless otherwise noted.