[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR30.24]

[Page 95]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
PART 30--CLAIMS COLLECTION--Table of Contents
 
                     Subpart C--Compromise of Claims
 
Sec. 30.24  Inability to collect the full amount.

    (a) The Secretary may compromise a debt if the full amount cannot be 
collected because the debtor--
    (1) Is unable to pay the full amount within a reasonable time; or
    (2) Refuses to pay the full amount and the Government is unable to 
enforce full collection within a reasonable time.
    (b) Ability to pay. In determining a debtor's ability to pay, the 
Secretary may consider the age and health of the individual debtor; 
present and future income and assets; and the possibility of an improper 
transfer or concealment of assets by the debtor.
    (c) Amount of compromise. The amount of compromise will reasonably 
relate to the amount recoverable by enforced action, considering such 
factors as State or Federal exemptions available to the debtor, and the 
price that collateral will bring at a forced sale.
    (d) Installments. Compromises will be paid in one lump sum whenever 
possible. Payment by installments may be accepted on a case-by-case 
basis bearing in mind the conditions specified in Sec. 30.20.
    (e) Credit information. If reasonably up-to-date credit information 
to evaluate a compromise proposal is not available, the Secretary may 
obtain credit reports from credit reporting agencies or a statement from 
the debtor executed under penalty of perjury showing the debtor's assets 
and liabilities, income and expenses.