§5302B Prohibition of Debt Arising From Overpayment Due to Delay in Processing

Summary

Stops the government from making someone owe money when that debt came from taking part in a benefit program run by the Under Secretary for Benefits and was caused by a Department employee or official not processing that person’s paperwork on time under the Secretary’s timeliness rules. It does not change the criminal or forfeiture rules that apply to fiduciaries under chapter 61. If the Secretary finds an overpayment, the Secretary must send a notice to the person that explains, in detail, how to dispute the overpayment or how to ask for a waiver. The Secretary generally cannot start federal debt-collection steps under section 3711 of title 31 until 90 days after that notice, unless waiting would make repayment harder, lead to referral to the Treasury Offset Program, or would not be in the person’s best interest.