GN 02250: Waiver Provisions for Title II and Title XVIII Overpayments
TN 14 (02-98)
A. Policy
1. When Request Will Apply to Other Household Members
One person's request for waiver is generally a request for any other person currently living in the same household who is overpaid for the same reason. (See GN 02201.055 if there is a fraud conviction). A single request can result in a waiver determination for all members of the household if:
The people were living in the same household at the time of the overpayment; and
The people are living in the same household at the time waiver is requested; and
The overpayments were caused by the same event.
2. Representative Payee Involved
If joint liability is involved (GN 02205.007), a representative payee's request for waiver includes an overpaid beneficiary who is a minor child or incompetent adult so long as an association still exists between the payee and the beneficiary. An association exists if the beneficiary is financially dependent on the payee, resides with the payee or has his affairs managed by the payee.
If payee and beneficiary are no longer associated, the payee's request for waiver will be for relief for the payee only.
B. Procedure
Do not solicit an SSA-632-BK from any person not included in an existing waiver request. However, if someone is listed on an SSA-632-BK who cannot be included in that request, treat it as a lead and contact the person to determine if he wishes to file for waiver.
In representative payee cases where the beneficiary is not included in the waiver request, the PC sends the beneficiary individual notice of the overpayment including right to reconsideration and waiver. See GN 02201.009.