[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR255.17]

[Page 508-509]
 
                      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 509]]

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.