A person is without fault if he is overpaid because of failure to understand the deduction
or entitlement provisions or because of unusual or unavoidable circumstances. Without
fault cannot be found unless evidence shows that there was a bona fide attempt to
comply with the provisions of the law.
Without fault under this category can only be found in cases where the overpayment
happened under circumstances not covered by any of the other without fault situations.
Thus, if the beneficiary alleges without fault under one of the other established
without fault situations but does not meet the requirements of that situation, the
provision of this section cannot be used to circumvent the intent of the other provision.