TN 50 (10-23)

GN 02250.026 Subsequent Overpayments - Waiver of Overpayment Recovery

A. Policy

Once an individual is advised of the correct interpretation of a provision, they will be found at fault for any subsequent overpayments involving the same provision.

B. Examples

1. At Fault

Aelin Galanius was overpaid because the individual failed to report an increase in their workers' compensation. They are found without fault, and advised of their responsibility to report changes in their workers' compensation. Two years later, Aelin is again overpaid because they failed to report an increase in their worker's compensation payments. They are at fault for the second overpayment.

2. Without Fault

  1. a. 

    Chaol Westfall, the recipient, became entitled to retirement benefits at age 65. Chaol continued to work but limited their take-home pay to the allowable amount. The recipient was overpaid due to their work. Chaol was found to be without fault for the overpayment since it resulted from the fact that their gross salary exceeded the allowable amount (GN 02250.060).

    Two years later, Chaol is again overpaid due to work. Chaol received vacation pay which the recipient did not know was considered wages for deduction purposes. Even though both overpayments were due to the recipient's work, Chaol can be found without fault for the second overpayment since it was incurred under different circumstances.

  2. b. 

    Dorian Havard's work caused their children who are living in a separate household to be overpaid. Several years later, Dorian's work again caused the children to be overpaid. The children would not be found at fault for the subsequent overpayment.

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GN 02250.026 - Subsequent Overpayments - Waiver of Overpayment Recovery - 10/18/2023
Batch run: 10/18/2023