10 U.S.C. § 1453 — Recovery of amounts erroneously paid
submitted 54 years ago by Pub. L. 92-425 to r/title-10-ARMED-FORCES · 106 words · no verdicts yet
This section allows recovery of amounts paid by mistake under the subchapter. It permits waiver when the recipient was not at fault and recovery would conflict with the subchapter’s purposes or with fairness.
(a) Recovery. — In addition to any other method of recovery provided by law, the Secretary concerned* may authorize the recovery of any amount erroneously paid to a person under this subchapter by deduction from later payments to that person. (b) Authority To Waive Recovery. — Recovery of an amount erroneously paid to a person under this subchapter is not required if, in the judgment of the Secretary concerned — (1) there has been no fault by the person to whom the amount was erroneously paid; and (2) recovery of such amount would be contrary to the purposes of this subchapter or against equity and good conscience.
In addition to any other method of recovery provided by law, the Secretary concerned* may authorize the recovery of any amount erroneously paid to a person under this subchapter by deduction from later payments to that person.
Recovery of an amount erroneously paid to a person under this subchapter is not required if, in the judgment of the Secretary concerned—
there has been no fault by the person to whom the amount was erroneously paid; and
recovery of such amount would be contrary to the purposes of this subchapter or against equity and good conscience.
Source credit: (Added Pub. L. 92–425, § 1(3), Sept. 21, 1972, 86 Stat. 710; amended Pub. L. 104–201, div. A, title VI, § 634, Sept. 23, 1996, 110 Stat. 2577; Pub. L. 104–316, title I, § 105(a), Oct. 19, 1996, 110 Stat. 3830.)
- 1972Enacted · Pub. L. 92-425 · 86 Stat. 710
- 1996Amended · Pub. L. 104-201 · 110 Stat. 2577
- 1996Amended · Pub. L. 104-316 · 110 Stat. 3830
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-425 on 1972-09-21.
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