[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR30.24]



[Page 96-97]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           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



[[Page 97]]



or a statement from the debtor executed under penalty of perjury showing 

the debtor's assets and liabilities, income and expenses.