42 U.S.C. § 7385j–2 — Recovery and waiver of overpayments

FEDERAL · 42 U.S.C. · Chapter 84

Recovery and waiver of overpayments

42 U.S.C. § 7385j–2

Title42 — The Public Health and Welfare

Chapter84 — DEPARTMENT OF ENERGY

SubchapterXVI

PartC

Current throughPub. L. 119-99

This text of 42 U.S.C. § 7385j–2 (Recovery and waiver of overpayments) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

42 U.S.C. § 7385j–2.

Text

(a)In general When an overpayment has been made to an individual under this subchapter because of an error of fact or law, recovery shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the recovery is completed, recovery shall be made by decreasing later benefits payable under this subchapter with respect to the individual's death.

(b)Waiver Recovery by the United States under this section may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience.

(c)Liability A certifying or disbursing official is not liable for an amount

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(a) In general
When an overpayment has been made to an individual under this subchapter because of an error of fact or law, recovery shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the recovery is completed, recovery shall be made by decreasing later benefits payable under this subchapter with respect to the individual's death.
(b) Waiver
Recovery by the United States under this section may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience.
(c) Liability
A certifying or disbursing official is not liable for an amount certified or paid by him when recovery of the amount is waived under subsection (b) of this section, or when recovery under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.

Source Credit

History

(Pub. L. 106–398, §1 [div. C, title XXXVI, §3653], as added Pub. L. 108–375, div. C, title XXXI, §3163(c), Oct. 28, 2004, 118 Stat. 2187.)

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Bluebook (online)

42 U.S.C. § 7385j–2, Counsel Stack Legal Research, https://law.counselstack.com/usc/42/7385j–2.