29.523—Equity and good conscience.
Recovery is against equity and good conscience
when there is substantial evidence that—
(a)
It would cause financial hardship to the
person from whom it is sought no matter what the
amount and length of the proposed installment;
(b)
The recipient of the overpayment can show
(regardless of his or her financial circumstances)
that due to the notice that such payment would be
made or because of the incorrect payment he or she
either has relinquished a valuable right or has
changed positions for the worse; or