POMS Reference

GN 02250: Waiver Provisions for Title II and Title XVIII Overpayments

TN 11 (08-91)

POLICY

A person may be found without fault for a deduction overpayment because he believed that the earnings test was based on take-home pay rather than gross salary, including extra and in-kind wages. The evidence must show that the person restricted his earnings so that the take-home pay would not exceed the allowable amount.

If the person is without fault because of a misunderstanding about allowable wage earnings, recovery is deemed to be against equity and good conscience.