20 CFR § 30.516 - Under what circumstances would recovery of an overpayment defeat the purpose of the Act?

---
identifier: "/us/cfr/t20/s30.516"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 30.516 - Under what circumstances would recovery of an overpayment defeat the purpose of the Act?"
title_number: 20
title_name: "Employees' Benefits"
section_number: "30.516"
section_name: "Under what circumstances would recovery of an overpayment defeat the purpose of the Act?"
chapter_name: "OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR"
subchapter_number: "C"
subchapter_name: "ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000"
part_number: "30"
part_name: "CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 31 U.S.C. 3716 and 3717; 42 U.S.C. 7384d, 7384t, 7384u and 7385s-10; Executive Order 13179, 65 FR 77487, 3 CFR, 2000 Comp., p. 321; Secretary of Labor's Order No. 10-2009, 74 FR 58834."
regulatory_source: "71 FR 78534, Dec. 29, 2006, unless otherwise noted."
cfr_part: "30"
---


# 30.516 Under what circumstances would recovery of an overpayment defeat the purpose of the Act?

Recovery of an overpayment will defeat the purpose of the Act if such recovery would cause hardship to the recipient because:

(a) The recipient from whom OWCP seeks recovery needs substantially all of his or her current income to meet current ordinary and necessary living expenses; and

(b) The recipient's assets do not exceed two months' expenditures as determined by OWCP using the Bureau of Labor Statistics Consumer Expenditure Survey tables.