20 CFR 404.509
§ 404.509 Against equity and good conscience; defined.
United States · 20 CFR — Employees' Benefits · Status: effective
Cite this
- Citation
- 20 CFR 404.509, § 404.509 Against equity and good conscience; defined, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/78337
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Full text
(a) 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).
(b) The individual's financial circumstances are not material to a finding of against equity and good conscience.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.