Question juridique clé
Whether the repayment debt should be waived under Art. 25 ATSG
Solution extraite
The waiver conditions were not met because the insured acted at least grossly negligently by failing to report material income changes, so good faith was excluded.
Motifs extraits
The claimant knew that income changes affected the pension amount. He earned more than twice as much from 2006 and worked full-time as a bus driver from October 2007, yet never properly reported the changed circumstances. Grossly negligent breach of the reporting duty defeats good faith, so hardship need not be examined.