20 CFR 404.417 - Deductions because of noncovered remunerative activity outside the United States; 45 hour and 7-day work test.
(a)Deductions because of individual's activity -
(1)Prior to May 1983. For months prior to May 1983, a 7-day work test applies in a month before benefit deductions are made for noncovered remunerative activity outside the United States. A deduction is made from any monthly benefit (except disability insurance benefits, child's insurance benefits based on the child's disability, or widow's or widower's insurance benefits based on the widow's or widower's disability) payable to an individual for each month in a taxable year beginning after December 1954 in which the beneficiary, while under age 72 (age 70 after December 1982), engages in noncovered remunerative activity (see § 404.418) outside the United States on 7 or more different calendar days. The deduction is for an amount equal to the benefit payable to the individual for that month.
(2)From May 1983 on. Effective May 1983, a 45-hour work test applies before a benefit deduction is made for the non-covered remunerative activity performed outside the United States in a month by the type of beneficiary described in paragraph (a)(1) of this section.
(b)Deductions from benefits because of the earnings or work of an insured individual -
(1)Prior to September 1984. Where the insured individual entitled to old-age benefits works on 7 or more days in a month prior to September 1984 while under age 72 (age 70 after December 1982), a deduction is made for that month from any:
(ii) Mother's, father's, or child's insurance benefit based on child's disability, which under § 404.420 is deemed payable on the insured individual's earnings record because of the beneficiary's marriage to the insured individual.
(2)From September 1984 on. Effective September 1984, a benefit deduction is made for a month from the benefits described in paragraph (b)(1) of this section only if the insured individual, while under age 70, has worked in excess of 45 hours in that month.
(3)Amount of deduction. The amount of the deduction required by this paragraph (b) is equal to the wife's, husband's or child's benefit.
(4)From January 1985 on. Effective January 1985, no deduction will be made from the benefits payable to a divorced wife or a divorced husband who has been divorced from the insured individual for at least 2 years.
Title 20 published on 2015-11-18
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 20 CFR Part 404 after this date.
- 20 CFR 404.436 — Excess Earnings; Months to Which Excess Earnings Cannot Be Charged Because Individual Is Deemed Not Entitled to Benefits.
- 20 CFR 404.418 — “Noncovered Remunerative Activity Outside the United States,” Defined.
- 20 CFR 404.450 — Required Reports of Work Outside the United States or Failure to Have Care of a Child.
- 20 CFR 404.402 — Interrelationship of Deductions, Reductions, Adjustments, and Nonpayment of Benefits.
- 20 CFR 404.451 — Penalty Deductions for Failure to Report Within Prescribed Time Limit Noncovered Remunerative Activity Outside the United States or Not Having Care of a Child.
- 20 CFR 404.412 — After My Benefits Are Reduced for Age When and How Will Adjustments to That Reduction Be Made?
- 20 CFR 404.420 — Persons Deemed Entitled to Benefits Based on an Individual's Earnings Record.
Title 20 published on 2015-11-18.
The following are only the Rules published in the Federal Register after the published date of Title 20.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.