; and (B) that arises from administrative error described in paragraph (7)(A). (6) Nothing in this section shall be construed as precluding the imposition of any civil or criminal liability under this title or any other law. (7) The Secretary shall prescribe in regulations what constitutes an overpayment for the purposes of this subsection, which, at a minimum, shall include— (A) administrative error that results in an individual receiving assistance to which that individual is not entitled; (B) the failure of any person described in paragraph (2) to— (i) perform or allow to be performed any act relating to assistance under this chapter; or (ii) compensate any party performing services or supplying goods relating to assistance under this chapter; and (C) any disbursement of funds relating to assistance under this chapter, that, in the sole discretion of the Secretary, constitutes a misuse of such assistance. (8) Prior to collecting an overpayment under this subsection, the Secretary shall provide to the person whom the Secretary has determined liable for such overpayment— (A) notice of the finding by the Secretary of such overpayment; (B) a reasonable opportunity for such person to remedy the circumstances that effectuated the overpayment; and (C) a reasonable opportunity for such person to present evidence to the Secretary that an overpayment was not made. (9) For the purposes of section 511 of this title, a decision to collect an overpayment from a person other than a person described in paragraph (2)(A), or a dependent or survivor of such person, may not be treated as a decision that affects the provision of benefits. .