A request for waiver is a request for release from the liability for repayment.
The liable overpaid individual(s) can request waiver even after the appeal period
has passed or the overpayment has been completely recovered.
At any point in the overpayment recovery process, the liable individual(s) can request
that the recovery of their overpayment be waived.
To grant a request for waiver the liable individual must be without fault in causing the overpayment
and recovery or adjustment would
-
a.
Defeat the purpose of title XVI; or
-
b.
Be against equity and good conscience; or
-
c.
Impede effective or efficient administration of the title XVI program.
For information on the waiver of a SSI overpayment, see SI 02260.000.