SS and Marketplace insurance

[cpabsd]

I have a taxpayer that received SS disability in December.  Prior to that, they had no earnings and were on marketplace insurance with a subsidy for just herself.  Are there any exceptions to having to re-pay the $2800 subsidy?  From 1/1/22-12/15/22, her income was zero.  Of course, SS paid late December for a time period going back to part of 2021.  

[BrewOne]

Technically, they were not eligible for a subsidy because they were below 100% of the poverty level.  When they applied, they must have entered an estimated income number greater than that or the program would have told them they weren't eligible and to sign up for Medicaid.  To check the worksheet box for the 8962 that allows an exception, the taxpayer must state they expected to make more than 100% of the poverty level when they signed up.  Just a question of if you are comfortable with that answer.