42 U.S. Code § 1320b–17 - Cross-program recovery of overpayments from benefits
(a) In general
Subject to subsection (b) of this section, whenever the Commissioner of Social Security determines that more than the correct amount of any payment has been made to a person under a program described in subsection (e) of this section, the Commissioner of Social Security may recover the amount incorrectly paid by decreasing any amount which is payable to such person under any other program specified in that subsection.
(b) Limitation applicable to current benefits
(1) In general
In carrying out subsection (a) of this section, the Commissioner of Social Security may not decrease the monthly amount payable to an individual under a program described in subsection (e) of this section that is paid when regularly due—
(A) in the case of benefits under subchapter II or VIII of this chapter, by more than 10 percent of the amount of the benefit payable to the person for that month under such subchapter; and
(B) in the case of benefits under subchapter XVI of this chapter, by an amount greater than the lesser of—
(c) No effect on eligibility or benefit amount under subchapter VIII or XVI
In any case in which the Commissioner of Social Security takes action in accordance with subsection (a) of this section to recover an amount incorrectly paid to any person, neither that person, nor (with respect to the program described in subsection (e)(3) of this section) any individual whose eligibility for benefits under such program or whose amount of such benefits, is determined by considering any part of that person’s income, shall, as a result of such action—
(1) become eligible for benefits under the program described in paragraph (2) or (3) of subsection (e) of this section; or
(d) Inapplicability of prohibition against assessment and legal process
Section 407 of this title shall not apply to actions taken under the provisions of this section to decrease amounts payable under subchapters II and XVI of this chapter.
(e) Programs described
The programs described in this subsection are the following:
(1) The old-age, survivors, and disability insurance benefits program under subchapter II of this chapter.
(2) The special benefits for certain World War II veterans program under subchapter VIII of this chapter.
Source(Aug. 14, 1935, ch. 531, title XI, § 1147, as added Pub. L. 105–306, § 8(a),Oct. 28, 1998, 112 Stat. 2928; amended Pub. L. 106–169, title II, § 251(b)(7),Dec. 14, 1999, 113 Stat. 1855; Pub. L. 108–203, title II, § 210(a),Mar. 2, 2004, 118 Stat. 516.)
References in Text
Section 212(b) ofPublic Law 93–66, referred to in subsec. (e)(3), is section 212(b) ofPub. L. 93–66, title II, July 9, 1973, 87 Stat. 156, as amended, which is set out as a note under section 1382 of this title.
2004—Pub. L. 108–203amended section catchline and text generally, substituting provisions relating to recovery of overpayments from benefits under subchapters II, VIII, and XVI of this chapter, consisting of subsecs. (a) to (e), for provisions relating to recovery of overpayments from benefits under subchapter XVI of this chapter, consisting of subsecs. (a) and (b).
1999—Pub. L. 106–169, § 251(b)(7)(B), substituted “other” for “social security” in section catchline.
Subsec. (a)(1). Pub. L. 106–169, § 251(b)(7)(A), inserted “or VIII” after “person under subchapter II” and substituted “payable under such subchapter” for “payable under subchapter II of this chapter”.
Effective Date of 2004 Amendment
Amendment by Pub. L. 108–203effective Mar. 2, 2004, and effective with respect to overpayments under subchapters II, VIII, and XVI of this chapter that are outstanding on or after such date, see section 210(c) ofPub. L. 108–203, set out as a note under section 404 of this title.