TN 10 (07-90)
GN 02250.044 Overpayment Resulting from Continued Payments to Incarcerated Felons — Waiver
1. How Overpayment Occurs
When benefits are paid to a beneficiary for a month, any part of which he/ she is incarcerated for committing a felony, an overpayment exists for that month.
2. Reporting Instructions
Instructions to report imprisonment were first included on benefit applications and reporting forms as follows:
|SSA-4-BK||1/82 for DAC's|
| ||1/84 for all children|
Check stuffers addressing this reporting responsibility were not issued.
3. Fault/Without Fault Finding
A fault or without fault finding is based on whether a person knew or should have known his/her reporting responsibilities.
To determine fault/without fault, proceed as follows:
|The person fails to report||Question the reason for not reporting.|
|The person alleges that he/she was unaware of the need to report||Determine the application filing date.|
|Filing date before 10/80||Assume the person was unaware of reporting responsibility|
|Filing date after 10/80||Review the publication dates in GN 02250.044A.2. to determine if the person was notified of reporting responsibilities.|