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—
(i)the amount of the benefit payable to the person for that month; or
(ii)an amount equal to 10 percent of the person’s income for that month (including such monthly benefit but excluding payments under subchapter II of this chapter when recovery is also made from subchapter II payments and excluding income excluded pursuant to section
1382a(b) of this title).
Paragraph (1) shall not apply if—
(A)the person or the spouse of the person was involved in willful misrepresentation or concealment of material information in connection with the amount incorrectly paid; or
(B)the person so requests.
(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
(2)if such person or individual is otherwise so eligible, become eligible for increased benefits under such program.
(d) Inapplicability of prohibition against assessment and legal process
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.
(3)The supplemental security income benefits program under subchapter XVI of this chapter (including, for purposes of this section, State supplementary payments paid by the Commissioner pursuant to an agreement under section
1382e(a) of this title or section 212(b) ofPublic Law 93–66).
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.
Section effective Oct. 28, 1998, and applicable to amounts incorrectly paid which remain outstanding on or after such date, see section 8(c) ofPub. L. 105–306, set out as an Effective Date of 1998 Amendment note under section
404 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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