1921. Waiver of Recovery from Estate of Deceased Person

1921.1 When can the estate of a deceased person be granted waiver?

The estate of a deceased person may be relieved from repayment if:

1. The overpaid person was without fault; and

2. Recovery during the lifetime of the overpaid person would have been against equity and good conscience.

1921.2 Can waiver of recovery from an estate be based on "defeat the purpose"?

No, waiver of recovery from an estate cannot be based on "defeat the purpose" even if waiver of recovery on that basis would have been proper during the overpaid person's lifetime. This is because an estate cannot be considered to require income for ordinary and necessary living expenses.

Last Revised: March, 2001