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42 U.S.C. § 1008 — Overpayments and underpayments

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1008 — Overpayments and underpayments

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Source file: Laws/federal/codes/united-states-code/title-42/section-1008-overpayments-and-underpayments--39d595b8fe.md
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Source location: Title 42, Chapter 7, § 1008; chapter-007-social-security.md

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**(a) In general** Whenever the Commissioner of Social Security finds that more or less than the correct amount of payment has been made to any person under this subchapter, proper adjustment or recovery shall be made, as follows: (1) With respect to payment to a person of more than the correct amount, the Commissioner of Social Security shall decrease any payment under this subchapter to which the overpaid person (if a qualified individual) is entitled, or shall require the overpaid person or his or her estate to refund the amount in excess of the correct amount, or, if recovery is not obtained under these two methods, shall seek or pursue recovery by means of reduction in tax refunds based on notice to the Secretary of the Treasury, as authorized under [section 3720A of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3720A&num=0&edition=prelim). (2) With respect to payment of less than the correct amount to a qualified individual who, at the time the Commissioner of Social Security is prepared to take action with respect to the underpayment— (A) is living, the Commissioner of Social Security shall make payment to the qualified individual (or the qualified individual’s representative payee designated under [section 1007 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1007&num=0&edition=prelim)) of the balance of the amount due the underpaid qualified individual; or (B) is deceased, the balance of the amount due shall revert to the general fund of the Treasury. **(b) Waiver of recovery of overpayment** In any case in which more than the correct amount of payment has been made, there shall be no adjustment of payments to, or recovery by the United States from, any person who is without fault if the Commissioner of Social Security determines that the adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience. **(c) Limited immunity for disbursing officers** A disbursing officer may not be held liable for any amount paid by the officer if the adjustment or recovery of the amount is waived under subsection (b), or adjustment under subsection (a) is not completed before the death of the qualified individual against whose benefits deductions are authorized. **(d) Authorized collection practices** (1) **In general** — With respect to any delinquent amount, the Commissioner of Social Security may use the collection practices described in sections 3711(e), 3716, and 3718 of title 31, as in effect on October 1, 1994. (2) **Definition** — For purposes of paragraph (1), the term “delinquent amount” means an amount— (A) in excess of the correct amount of the payment under this subchapter; and (B) determined by the Commissioner of Social Security to be otherwise unrecoverable under this section from a person who is not a qualified individual under this subchapter. **(e) Cross-program recovery of overpayments** For provisions relating to the cross-program recovery of overpayments made under programs administered by the Commissioner of Social Security, see [section 1320b–17 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320b-17&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 404 — Overpayments and underpayments

**(a) Procedure for adjustment or recovery** (1) Whenever the Commissioner of Social Security finds that more or less than the correct amount of payment has been made to any person under this subchapter, proper adjustment or recovery shall be made, under regulations prescribed by the Commissioner of Social Security, as follows: (A) With respect to payment to a person of more than the correct amount, the Commissioner of Social Security shall decrease any payment under this subchapter to which such overpaid person is entitled, or shall require such overpaid person or his estate to refund the amount in excess of the correct amount, or shall decrease any payment under this subchapter payable to his estate or to any other person on the basis of the wages and self-employment income which were the basis of the payments to such overpaid person, or shall obtain recovery by means of reduction in tax refunds based on notice to the Secretary of the Treasury as permitted under [section 3720A of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3720A&num=0&edition=prelim), or shall apply any combination of the foregoing. A payment made under this subchapter on the basis of an erroneous report of death by the Department of Defense of an individual in the line of duty while he is a member of the uniformed services (as defined in [section 410(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410/m&num=0&edition=prelim)) on active duty (as defined in section 410(l) of this title) shall not be considered an incorrect payment for any month prior to the month such Department notifies the Commissioner of Social Security that such individual is alive. (B) (i) Subject to clause (ii), with respect to pay

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1007 — Representative payees

**(a) In general** If the Commissioner of Social Security determines that the interest of any qualified individual under this subchapter would be served thereby, payment of the qualified individual’s benefit under this subchapter may be made, regardless of the legal competency or incompetency of the qualified individual, either directly to the qualified individual, or for his or her use and benefit, to another person (the meaning of which term, for purposes of this section, includes an organization) with respect to whom the requirements of subsection (b) have been met (in this section referred to as the qualified individual’s “representative payee”). If the Commissioner of Social Security determines that a representative payee has misused any benefit paid to the representative payee pursuant to this section, 405(j) of this title, or [section 1383(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1383/a/2&num=0&edition=prelim), the Commissioner of Social Security shall promptly revoke the person’s designation as the qualified individual’s representative payee under this subsection, and shall make payment to an alternative representative payee or, if the interest of the qualified individual under this subchapter would be served thereby, to the qualified individual. **(b) Examination of fitness of prospective representative payee** (1) Any determination under subsection (a) to pay the benefits of a qualified individual to a representative payee shall be made on the basis of— (A) an investigation by the Commissioner of Social Security of the person to serve as representative payee, which shall be conducted in advance of the determination and shall, to the extent practicable, include a face-to-face interview with the person

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1001 — Basic entitlement to benefits

Every individual who is a qualified individual under [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1002&num=0&edition=prelim) shall, in accordance with and subject to the provisions of this subchapter, be entitled to a monthly benefit paid by the Commissioner of Social Security for each month after September 2000 (or such earlier month, if the Commissioner determines is administratively feasible) the individual resides outside the United States.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3720A — Reduction of tax refund by amount of debt

**(a)** Any Federal agency that is owed by a person a past-due, legally enforceable debt (including debt administered by a third party acting as an agent for the Federal Government) shall, and any agency subject to section 9 of the Act of May 18, 1933 ([16 U.S.C. 831h](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section831h&num=0&edition=prelim)), owed such a debt may, in accordance with regulations issued pursuant to subsections (b) and (d), notify the Secretary of the Treasury at least once each year of the amount of such debt. **(b)** No Federal agency may take action pursuant to subsection (a) with respect to any debt until such agency— (1) notifies the person incurring such debt that such agency proposes to take action pursuant to such paragraph with respect to such debt; (2) gives such person at least 60 days to present evidence that all or part of such debt is not past-due or not legally enforceable; (3) considers any evidence presented by such person and determines that an amount of such debt is past due and legally enforceable; (4) satisfies such other conditions as the Secretary may prescribe to ensure that the determination made under paragraph (3) with respect to such debt is valid and that the agency has made reasonable efforts (determined on a government-wide basis) to obtain payment of such debt; and (5) certifies that reasonable efforts have been made by the agency (pursuant to regulations) to obtain payment of such debt. **(c)** Upon receiving notice from any Federal agency that a named person owes to such agency a past-due legally enforceable debt, the Secretary of the Treasury shall determine whether any amounts, as refunds of Federal taxes paid, are payable to such person. If the Secretary of the Treasury finds that an

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3720A

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1008 — Overpayments and underpayments

Page 2508 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1008 Subsec. (b)(2)(D) to (F). Pub. L. 108–203, § 103(b)(1), added subpars. (D) and (E) and redesignated former sub- par. (D) as (F). Subsec. (b)(3). Pub. L. 108–203, § 103(b)(2), added par. (3). Subsec. (d)(1)(D), (E). Pub. L. 108–203, § 103(b)(3), added subpars. (D) and (E). Subsec. (h)(3) to (5). Pub. L. 108–203, § 106(b), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Subsec. (i). Pub. L. 108–203, § 101(b)(1), inserted second and third sentences. Subsec. (j). Pub. L. 108–203, § 101(b)(2), added subsec. (j). Subsec. (k). Pub. L. 108–203, § 102(b)(2), added subsec. (k). Subsec. (l). Pub. L. 108–203, § 105(b), added subsec. (l). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by section 202(b) of Pub. L. 115–165 appli- cable to any individual appointed to serve as a rep- resentative payee pursuant to this section on or after Jan. 1, 2019, subject to provisions relating to prior ap- pointments, see section 202(d) of Pub. L. 115–165, set out as a note under section 405 of this title. Amendment by section 203(b) of Pub. L. 115–165 appli- cable to any individual appointed to serve as a rep- resentative payee under this subchapter on or after Jan. 1, 2019, with provisions relating to prior appoint- ments, see section 203(d) of Pub. L. 115–165, set out as a note under section 405 of this title. EFFECTIVE DATE OF 2004 AMENDMENT Amendment by section 101(b) of Pub. L. 108–203 appli- cable to any case of benefit misuse by a representative payee with respect to which the Commissioner of So- cial Security makes the determination of misuse on or after Jan. 1, 1995, see section 101(d) of Pub. L. 108–203, set out as a note under sec

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1008

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