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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 7385j2 Recovery and waiver of overpayments us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 84 DEPARTMENT OF ENERGY 7385j2 42 U.S.C. § 7385j2 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s7385j2 data/legal/raw/us/code/title-42/usc42.xml aad6e1377c12e399f761dfc1501608e23f58484fc178513191529c0fa314e442 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 70d5b0e2ad8a24e64b1ca8e40d79b0e3aabfaf1712d840865eebd1ea631e88a4 2026-07-04 official
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42 U.S.C. § 7385j2 - Recovery and waiver of overpayments

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 individuals 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.

(Pub. L. 106398, § 1 [div. C, title XXXVI, § 3653], as added Pub. L. 108375, div. C, title XXXI, § 3163(c), Oct. 28, 2004, 118 Stat. 2187.)