Fault.

CFR · 2024-01-01 · US · Title 5

A recipient of an overpayment is without fault if he/she performed no act of commission or omission which resulted in the overpayment. The fact that the Office of Personnel Management may have been at fault in initiating an overpayment will not necessarily relieve the individual from liability. (a) (1) Whether payment resulted from the individual's incorrect but not necessarily fraudulent statement, which he/she should have known to be incorrect; (2) Whether payment resulted from the individual's failure to disclose material facts in his/her possession which he/she should have known to be material; or (3) Whether he/she accepted a payment which he/she knew or should have known to be erroneous. (b)

official document · source cfr-2024 · id 5:§ 831.1402