[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR255.17]



[Page 506-507]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 255_RECOVERY OF OVERPAYMENTS--Table of Contents

 

Sec.  255.17  Recovery of overpayments from a representative payee.



    (a) Joint liability. In general, if an overpayment is made to an 

individual receiving benefits as a representative payee (see part 266 of 

this chapter) the Board may recover the overpayment from either the 

representative payee or the beneficiary, or both. If the beneficiary is 

currently receiving benefits, either in his or her own right or through 

a representative payee, the Board will generally propose to recover the 

overpayment by setoff against those benefits as provided for in Sec.  

255.6 of this part. If the beneficiary is not currently receiving 

benefits but the representative payee is receiving benefits, then the 

Board will generally propose to recover the overpayment by setoff 

against those benefits.

    (b) Waiver of overpayments. For purposes of Sec.  255.10 of this 

part (Waiver of recovery), if it is determined that the representative 

payee was at fault in causing the overpayment there may be no waiver of 

the overpayment either as to the representative payee or the 

beneficiary. However, if the beneficiary was not at fault in causing the 

overpayment he or she may be eligible for administrative relief from 

recovery under Sec.  255.16 of this part.

    (c) This section may be illustrated by the following examples:



    Example (1). M is receiving a child's annuity as a representative 

payee for her disabled son, S. With M's knowledge S marries. Although 

both M and S know that marriage terminates the child's annuity, neither 

of them informs the Board of this event. Both M and S are liable for any 

overpayment caused. Waiver is not available since M would be considered 

at fault in causing the overpayment. Administrative relief from recovery 

is not available to S since he would also be considered at fault.

    Example (2). R is a representative payee for B, who resides in a 

skilled-care facility. R is found to be at fault in causing an 

overpayment of benefits to B. The Board may recover the overpayment from 

either R or B. Waiver is not available because R was at fault in causing 

the overpayment. However,



[[Page 507]]



if B was not at fault in causing the overpayment he or she may be 

entitled to administrative relief from recovery under Sec.  255.16 of 

this part.