2011 US Code
Title 42 - The Public Health and Welfare
Chapter 84 - DEPARTMENT OF ENERGY (§§ 7101 - 7386k)
Subchapter XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM (§§ 7384 - 7385s-15)
Part C - Treatment, Coordination, and Forfeiture of Compensation and Benefits (§§ 7385 - 7385j-2)
Section 7385j-2 - Recovery and waiver of overpayments
View Metadata| Publication Title | United States Code, 2006 Edition, Supplement 5, Title 42 - THE PUBLIC HEALTH AND WELFARE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 84 - DEPARTMENT OF ENERGY SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM Part C - Treatment, Coordination, and Forfeiture of Compensation and Benefits Sec. 7385j-2 - Recovery and waiver of overpayments |
| Contains | section 7385j-2 |
| Date | 2011 |
| Laws in Effect as of Date | January 3, 2012 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 106-398, §1 [div. C, title XXXVI, §3653], as added Pub. L. 108-375, div. C, title XXXI, §3163(c), Oct. 28, 2004, 118 Stat. 2187. |
| Statutes at Large Reference | 118 Stat. 2187 |
| Public Law References | Public Law 106-398, Public Law 108-375 |
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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 individual's death.
(b) WaiverRecovery 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) LiabilityA 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. 106–398, §1 [div. C, title XXXVI, §3653], as added Pub. L. 108–375, div. C, title XXXI, §3163(c), Oct. 28, 2004, 118 Stat. 2187.)
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