When determining if an overpaid individual’s failure to report a change accurately and timely was knowing and willful, consider whether the individual:

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  Willfully concealed information about their resources when they knew the information would affect their eligibility for Supplemental Security Income (SSI) (e.g., the individual did not disclose a resource after a similar overpayment occurred in the past, refer to GN 02250.090B.2.);

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  Knowingly provided incorrect information (e.g., knowingly provided incorrect information about the value of a resource or knowingly denied receiving a resource); or

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  Committed fraud or similar fault. For fraud and similar fault, refer to SI 04070.020.

To find a person knowingly and willfully concealed resources in any of these situations, we must find clear evidence the individual was fully aware of the requirements to report the resource, was fully aware that their resources exceeded the limit, and chose to conceal or provide incorrect information about the resources. In determining whether the individual acted knowingly and willfully, we must take into account any physical, mental, educational, or linguistic limitations the individual (or spouse) may have, refer to GN 02250.005.

We will not automatically find an individual knowingly and willfully failed to report accurately and timely merely because an individual incurred a similar overpayment in the past.  If an individual incurred a similar overpayment in the past, we will first determine whether our records document the individual received an explanation of both the cause of the overpayment and their reporting responsibilities. If they did receive an explanation, we will determine whether the failure to report accurately and timely was knowing and willful, depending on the circumstances surrounding the current and prior overpayment situations.  In evaluating these circumstances, we must consider the factors in GN 02250.090B.1.  For example, we must consider whether, given the individual’s particular circumstances, they understood and remembered the reporting responsibility.

The waiver denial applies to both members of the eligible couple only if there is clear evidence that both members willfully and knowingly concealed the correct amount of their resources.

For an example of how to apply the excess resource provision to an eligible SSI couple, refer to example 1 in GN 02250.090D.

Make a separate waiver determination for each month when there are multiple months in which the overpayment resulted solely from excess resources.

For an example of how to apply a waiver monthly, refer to example 2 in GN 02250.090D.

If any month of overpayment was caused by resources exceeding the limit by more than $50.00, do not apply this waiver provision for that month. Instead, we must determine whether the individual is at fault (refer to GN 02250.005) and whether another waiver provision applies such as deemed to defeat (refer to GN 02250.110), against equity and good conscience (refer to GN 02250.150) or defeats the purpose (refer to GN 02250.100).

If the waiver for an overpayment is under $2,000, determine if you can waive the overpayment under the administrative waiver tolerance. For more information on the administrative waiver tolerance, refer to GN 02250.350.

If you waive recovery of an overpayment caused by resources exceeding the resource limit by $50.00 or less, you must:

Explain to the overpaid individual both the cause of the overpayment and the SSI reporting responsibilities.

Document that you have explained the reporting responsibilities, and the overpaid individual understands their reporting responsibilities. For more information about documenting waiver determinations, refer to GN 02250.315.

Add the waiver decision of “EXCESS RESOURCES WITHIN TOLERANCE” on the UOWV screen in MSSICS. For more information about the UOWV screen, refer to MS 00304.009.

Use the Document Processing System (DPS) to prepare the “Notice of Administrative Waiver Excess Resources.” This notice is located in the DPS overpayment folder.

Propose to deny the waiver for fault only if you have clear evidence the individual was fully aware of the requirements and of the excess resources and chose to conceal the resources. For more information about proposing to deny a waiver, refer to GN 02250.002C.2.