8129 Recovery of Overpayment

8129 Recovery of overpayments
(a) When an overpayment has been made to an individual under this subchapter
because of an error of fact or law, adjustment 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 adjustment is completed, adjustment shall be
made by decreasing later benefits payable under this subchapter with respect to the
individual's death.
(b) Adjustment or recovery by the United States 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) A certifying or disbursing official is not liable for an amount certified or
paid by him when-(1) adjustment or recovery of the amount is waived under subsection (b) of this
section; or
(2) adjustment under subsection (a) of this section is not completed before the death
of all individuals against whose benefits deductions are authorized.