1906.Liability for Repayments

1906.1Who is liable for repayments?

A beneficiary and/or a representative payee receiving retirement, survivors or disability insurance, benefits on behalf of a beneficiary or SSI, may be equally liable for repayment of any overpayment received, as follows:

1. The beneficiary is liable if he or she received the benefit of the monies;

2. The representative payee is personally liable if he or she:

   1. Was at fault in creating the overpayment; or

   2. Did not apply the monies for the beneficiary's use and benefit.

1906.2Can other individuals be liable for overpayments?

Liability for repayment may move from the overpaid beneficiary or payee to certain others in particular situations:

1. If the overpaid beneficiary or payee has died, the estate is liable for repayment. We may ask the legal representative to make a refund, or we may withhold benefits due the estate. We may also require the recipients of the estate to refund an overpaid amount to the extent of funds received from the estate; and

2. If an RSDI overpayment cannot be recovered from the overpaid beneficiary, the payee, or the estate, benefits may be withheld from other persons entitled to benefits on the same earnings record.

However,

• Effective 12/04/2008, a representative payee who receives payments on the beneficiary's behalf after the death of the beneficiary is solely responsible for repayment of the overpayment.

• Since the representative payee is solely liable for these types of overpayments, we will not recover these types of overpayments from the representative payee's spouse, the estate of the spouse, or the auxiliaries of the overpaid representative payee, or the deceased beneficiary's estate.

1906.3Who is liable for repayment of SSI benefits?

An individual and spouse who receive SSI payments as a married couple are equally liable if either is overpaid. If overpayment of SSI benefits was made to an alien, the alien and the person who sponsored the alien for admission to the U.S. are equally liable if the overpayment resulted from the sponsor's failure to provide correct information about income and resources. (See §2170.)