Waiver of recovery of the overpayment will be approved when, in the judgment of the Secretary, the overpaid claimant: Is without fault; and Lacks the ability to pay now and in the foreseeable future, or is likely to be below the federal minimum poverty level and is likely to remain there for the foreseeable future. If an overpaid claimant is found to be without fault because the overpayments were caused exclusively by agency error, the waiver request may be recommended. In any proceedings under these regulations, the overpaid claimant shall have the burden of proving entitlement to a waiver. An overpayment found to have been illegally received pursuant to Labor and Employment Article, §8-809, Annotated Code of Maryland, may not be waived.