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B-210086 1 (1983-07-28)

handle is hein.gao/gaobadlft0001 and id is 1 raw text is: 0 TH COMPTROLLER OENERAL OF THE UNITO STATES WASHINGTON. 0. C. 2054845~' ONMT~ FILE:8-210086 DATE: July 28, 1983 MATTER OF:Social Security Administration-Debt Collection DIGEST: 1. Social Security Administration is not bound by Federal Claims Collection Standards (FCCS) requiring administrative offset in every instance in which this is feasible, in light of section 8(e) of the Debt Collection Act of 1982, 31 U.S.C. S 3701(d). The FCCS, 4 C.F.R. Chapter II, to the extent they implement the 1982 legislation do not govern the use of administrative offset to collect debts arising under the Social Security Act. However, Social Security Administration may continue to use adminis- trative offset to collect such debts when authorized by other statutes or principles of common law, and should look to FCCS for guidance to the extent it has not issued its own offset regulations. 2. Whether collection by administrative offset under the Federal Claims Collection Standards, 4 C.F.R. Chapter II, is feasible lies within the agency's exercise of sound discretion, on a case-by-case basis. The term is not synonymous with possible. Agencies should consider not only whether adminis- trative offset can be accomplished, both practically and legally, but also whether it is best suited to further and protect the Government's interests. In certain circumstances, agencies may give due con- sideration to the debtor's financial condition, and are not required to use offset in every instance in which there is an available source of funds, for example, where those funds are payments under a benefit program designed to avoid or alleviate financial hardship. 3. Under the Federal Claims Collection Standards, 4 C.F.R. Chapter II, when determining whether to conpromise claims, or suspend or terminate collec- tion activity, agencies should exercise sound dis- cretion, and may consider, among other factors, the financial condition of the debtor. The fact that the debtor is receiving Government benefits is nerely one more factor to be considered when deter- mining whether compromise, suspension, or termina- tion (or some other action) best serves and protects all of the Government's interests. DECISION

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