20 CFR 725.542 - When waiver of adjustment or recovery may be applied.

Regulations last checked for updates: Oct 17, 2024

Title 20 - Employees' Benefits last revised: Sep 30, 2024

View all text of Subpart H [§ 725.501 - § 725.548]

§ 725.542 - When waiver of adjustment or recovery may be applied.

There shall be no adjustment or recovery of an overpayment in any case where an incorrect payment has been made with respect to an individual:

(a) Who is without fault, and where

(b) Adjustment or recovery would either:

(1) Defeat the purpose of title IV of the Act, or

(2) Be against equity and good conscience.

authority: 5 U.S.C. 301; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; 30 U.S.C. 901

source: 65 FR 80054, Dec. 20, 2000, unless otherwise noted.

cite as: 20 CFR 725.542