against equity and good conscience

Recovery of an overpayment is against equity and good conscience (under title II and title XVIII) if an individual -
(1) Changed his or her position for the worse (Example 1) or relinquished a valuable right (Example 2) because of reliance upon a notice that a payment would be made or because of the overpayment itself; or
(2) Was living in a separate household from the overpaid person at the time of the overpayment and did not receive the overpayment (Examples 3 and 4).


20 CFR § 404.509

Scoping language

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