5 CFR 845.303
§ 845.303 Equity and good conscience.
United States · 5 CFR — Administrative Personnel · Status: effective
Cite this
- Citation
- 5 CFR 845.303, § 845.303 Equity and good conscience, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/8477
- Permanent ID
ys:prov:8477@1- SHA-256
dbcb4ea899e5d78b3e355f6395576001b019cdc81fe48dd37c4b34df77b6f7f2
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full text
Recovery is against equity and good conscience when—
(a) It would cause financial hardship to the person from whom it is sought;
(b) The recipient of the overpayment can show (regardless of his or her financial circumstances) that due to the notice that such payment would be made or because of the incorrect payment he or she either has relinquished a valuable right or has changed positions for the worse; or
(c) Recovery would be unconscionable under the circumstances.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.