Must a debtor be completely without fault to be granted a waiver for overpayment?

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A debtor does not need to be completely without fault to be granted a waiver for overpayment. The waiver process considers various factors, including the circumstances surrounding the overpayment and the debtor's responsibility in the situation. The primary focus is on whether requiring repayment would be unjust or create undue hardship for the debtor.

The determination of fault is not a strict requirement; instead, it is one of several factors that may be evaluated. The waiver might be granted if it is concluded that it would be against equity or good conscience to require repayment. This nuanced approach ensures that individuals who may have had some role in the overpayment can still seek relief if their overall responsibility is not deemed significant enough to warrant repayment under the circumstances.

Furthermore, taking into account the broader context, some waivers can be granted based on the impact of the overpayment on the debtor’s financial situation. Thus, while fault may influence the decision, it does not solely determine eligibility for a waiver.

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