A person is without fault if he did not know that earnings were in excess of the allowable
limit or that the excess must be reported if it was caused by:
A retroactive increase in pay (including backpay awards or retroactive pay increases);
A pay rate higher than expected;
An employer's failure to restrict the amount of earnings as agreed, and the person's
inability to keep accurate records.
“Inability to keep accurate records” means an inability due to impaired mental ability or lack of education. Without fault
does not depend on the showing that the person is unable to keep an intricate set
of books. Further, these circumstances do not include situations where the method
of figuring earnings used by the employer is confusing to the beneficiary.
NOTE: An agreement cannot be said to exist when an agreement is impossible; e.g., the
person is a salesman whose pay depends on volume of sales.
the occurrence of five Saturdays (or similar workdays) in a month. A person is without
fault when his/her weekly rate totals less than the annual limit but, in some calendar
months of more than 4 weeks, exceeds the monthly limit.