Section 172-26-5 - Criteria for determining whether recovery of the overpayment would defeat the purpose of benefits otherwise authorized or would be against equity and good conscienceA. The Bureau has the discretion to find that requiring repayment of an overpayment to be against equity and good conscience after considering the totality the circumstances surrounding the overpayment.B. The Bureau may find that repayment would be against equity and good conscience because recovery of the overpayment would cause financial hardship to the claimant considering factors to be including, but are not limited to, the income of the claimant, the claimant's household income, the claimant's expenses and debts, and liquid assets of the claimant.C. The Bureau may presume financial hardship in the following instances:1. if the claimant self-attests that they are currently recipients of SNAP, TANF, Heap, MaineCare (includes having a dependent child on MaineCare), SSI or SSDI.2. if the claimant's income is below 185% of the Federal Poverty level.D. The Bureau will generally consider collection of an overpayment due to agency error, in circumstances in which the claimant is fully without fault, to be against equity and good conscience, regardless of current financial circumstances.E. If the amount of the overpayment was increased due to significant delay by the Bureau in processing the decision, the Bureau may waive all or a portion of the overpayment due to such delay.12-172 C.M.R. ch. 26, § 5