§1320b–17 Cross-program Recovery of Overpayments From Benefits

Summary

The Social Security Commissioner can get back money that was paid by mistake by cutting other benefit payments a person gets from certain Social Security programs. The rule covers three programs: old-age, survivors, and disability insurance (subchapter II); special World War II veteran benefits (subchapter VIII); and Supplemental Security Income (SSI) including State supplements paid by the Commissioner. There are limits on how much can be taken each month. For subchapters II and VIII, the cut cannot be more than 10% of that monthly benefit. For SSI (subchapter XVI), the cut cannot be more than the smaller of the person’s whole monthly SSI benefit or 10% of the person’s monthly income (counting that SSI benefit but excluding certain income and excluding subchapter II when recovery also comes from subchapter II). The 10% limits do not apply if the person or their spouse lied or hid important facts on purpose, or if the person asks for a larger reduction. Recovering an overpayment this way cannot by itself make the person (or anyone whose SSI depends on that person’s income) newly eligible for, or get higher payments from, the WWII special benefits or SSI. Also, the usual protection in section 407 does not stop these reductions for subchapters II and XVI.