7385j-2

§ 7385j-2. Recovery and waiver of overpayments
(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.