Federal Old-Age, Survivors, and Disability Insurance and Supplemental Security Income for the Aged, Blind, and Disabled; Standards Applicable in Certain Determinations of Good Cause, Fault, and Good Faith

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These final regulations amend the existing regulations to reflect the provisions of section 10305 of the Omnibus Budget Reconciliation Act of 1989 (OBRA 1989). Section 10305 requires that the Secretary of Health and Human Services (the Secretary), in making certain determinations of good cause, without fault, and good faith under title II of the Social Security Act (the Act), take into account any physical, mental, educational, or linguistic limitations (including any lack of facility with the English language) the individual has. In addition, section 10305 amended title XVI of the Act to require that the Secretary take these limitations into account in determining with respect to an individual's eligibility for title XVI benefits, whether the individual acted in good faith or was without fault, and in determining fraud, deception, or intent.