Monthly benefits payable

(a) Monthly benefits payable. We will not reduce your benefits on account of excess earnings for any month in which you, the beneficiary (1) Were not entitled to a monthly benefit; (2) Were considered not entitled to benefits (due to non-covered work outside the United States or no child in care, as described in 404.436); (3) Were at full retirement age (as described in 404.409(a)); (4) Were entitled to payment of a disability insurance benefit as defined in 404.315; (see 404.1592 and 404.1592a(b) which describes the work test if you are entitled to disability benefits); (5) Are age 18 or over and entitled to a child's insurance benefit based on disability; (6) Are entitled to a widow's or widower's insurance benefit based on disability; or (7) Had a non-service month in your grace year (see paragraph (b) of this section). A non-service month is any month in which you, while entitled to retirement or survivors benefits: (i) Do not work in self-employment (see paragraphs (c) and (d) of this section); (ii) Do not perform services for wages greater than the monthly exempt amount set for that month (see paragraph (e) of this section and 404.430); and (iii) Do not work in non-covered remunerative activity on 7 or more days in a month while outside the United States. A non-service month occurs even if there are no excess earnings in the year.

Source

20 CFR § 404.435


Scoping language

None
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