Waiver of Recovery of Overpayments

(1) No overpayment shall be recovered when, in the judgment of the Commissioner or his authorized representative, the claimant is without fault on his or her part and where recovery of the overpayment would either defeat the purpose of benefits otherwise authorized or would be against equity and good conscience. Fault on the part of the Department in making the overpayment does not relieve the overpaid claimant from liability for repayment if such individual is not without fault. (2) In any proceedings under these regulations, the overpaid claimant shall have the burden of proving entitlement to a waiver. (3) Waiver requests shall be granted or denied in accordance with the following examples: (a) The overpayment is found to be attributable to fault on the part of the claimant and recovery would be against "equity and good conscience" or would "defeat the purpose of benefits otherwise authorized". The request for waiver is denied. (b) An overpaid claimant is found to be without fault as regards the overpayment; and 1. Recovery would be "against equity and good conscience" but would not "defeat the purpose of benefits otherwise authorized". The request for waiver is granted. 2. Recovery would not be "against equity and good conscience", but would "defeat the purpose of benefits otherwise authorized". The request for waiver is granted. For the purpose of this provision, any claimant applying for a waiver who presents documentation of current receipt of Emergency Assistance to Elderly, Disabled and Children benefits, (EAEDC), Supplemental Security Income benefits (SSI) or Social Security Disability Insurance benefits (SSDI) combined with SSI shall be presumptively eligible for a waiver of overpayment pursuant to 430 CMR 6.05. 3. Recovery would not be "against equity and good conscience", nor would recovery "defeat the purpose of benefits otherwise authorized". The request for waiver is denied.