---
kind: "section"
citation: "34 C.F.R. § 222.12"
title: "34"
number: "222.12"
heading: "What overpayments are eligible for forgiveness under section 8012 of the Act?"
url: "https://uscodex.org/cfr/34/222.12"
---

# §222.12. What overpayments are eligible for forgiveness under section 8012 of the Act?

- (a) The Secretary considers as eligible for forgiveness under section 8012 of the Act (“eligible overpayment”) any amount that is more than an LEA was eligible to receive for a particular fiscal year under the Act, except for the types of overpayments listed in [§ 222.13](/cfr/34/222.13.md).
- (b) The Secretary applies [§§ 222.14-222.18](/cfr/34/222.14-222.18.md) in forgiving, in whole or part, an LEA's obligation to repay an eligible overpayment that resulted from error either by the LEA or the Secretary.

## Notes

### Amendments

[62 FR 35412, July 1, 1997]

### Amendments

[60 FR 50778, Sept. 29, 1995, as amended at 80 FR 33162, June 11, 2015]

### Authority

Authority: 20 U.S.C. 7701-7714; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

### Source

Source: 60 FR 50778, Sept. 29, 1995, unless otherwise noted.

### Amendments

[62 FR 35412, July 1, 1997]

### Amendments

[60 FR 50778, Sept. 29, 1995, as amended at 80 FR 33162, June 11, 2015]