1914. Relief from Making Repayment (Waiver)

1914.1 What is the definition of "waiver"?

A "waiver" occurs when you are given relief from making repayment. Your debt does not have to be paid.

1914.2 When is waiver granted?

We may grant a waiver when:

1. You are without fault, and

2. Recovery or adjustment:

   1. Would defeat the purpose of the program involved; or

   2. Would be against equity and good conscience; or

   3. For the SSI program only, would impede efficient or effective administration of the program because of the small amount involved.

1914.3 When can waiver be requested?

You may request a waiver of recovery of an overpayment at any time.

1914.4 What happens when SSA receives a request for waiver?

When we receive a request for waiver, all recovery actions stop until your request is either approved, denied and, you had the opportunity for a personal conference.

1914.5 What happens if the request is approved?

If your request is approved, you do not have to repay the overpayment. We may refund any monies we previously withheld to recover the overpayment.

Last Revised: Jul. 30, 2007