An initial waiver determination which was correct when made and is no longer open
cannot be reopened under the rules of administrative finality based on a subsequent
change in circumstances. Although reopening is not possible, a second (or subsequent)
waiver determination may be made.
Findings of fault and equity are based on the person's situation prior to the overpayment
determination; those circumstances remain constant. Absent new and material evidence,
a second waiver determination is not required based on the principle of res judicata
(GN 04040.010). However, findings of defeat the purpose are based on the person's current financial
Changes in the person's financial situation can occur at any time and can affect the
defeat the purpose finding and the waiver determination. A determination is effective
when it is established that defeat the purpose criteria are met. Generally, unless
a person can establish he has gone into debt to repay, waiver will be effective with
the date of the new request for waiver.