POMS Reference

GN 02604: Penalties

TN 20 (10-11)

A. Definition of administrative tolerances

Administrative tolerances are conditions which we do not assess a penalty.

B. Applying administrative tolerances

If we assessed a penalty for this late report, delete the penalty data field. Do not assess a penalty in the following situations:

  • the beneficiary is “without fault” in causing an overpayment, regardless of whether we waive the overpayment.

  • the beneficiary is in terminated status at the time we process the late report.

  • the family maximum is involved, even when the number holder (NH) is the worker.

  • we impose a work deduction in the annual report year.

  • the month of entitlement (MOE) changes to the following year.

  • a person files a timely annual report of earnings but the amount shown was “0” or below the exempt amount.