[Request for Reconsideration of Claims Group's Denial of INS Employee's Application for Waiver of Education Allowance Overpayments]

An Immigration and Naturalization Service (INS) employee requested reconsideration of his denied request for a waiver of overpayments of allowances he received for his daughter's education in the United States. GAO had held that the claimant was at fault in the overpayments he received for 2 years of his daughter's education. In his request for reconsideration, the claimant contended that he: (1) routinely questioned INS personnel about his entitlements; (2) was unaware of any room and board limitations; (3) did not attempt to hide the fact that his daughter's school did not provide room and board; and (4) spent the entire allowance on his daughter's room and board. GAO held that the claimant: (1) acted in good faith in spending the allowance he received for one academic year, but became liable for repayment of the allowance he received for the other year when he transferred back to the United States; and (2) was liable for a related overpayment of transportation expenses. Accordingly, the waiver was partially granted and partially denied.