42 U.S.C. § 1320b-17 : US Code - Section 1320B-17: Cross-program recovery of overpayments from benefits

Search 42 U.S.C. § 1320b-17 : US Code - Section 1320B-17: Cross-program recovery of overpayments from benefits

(a) In general
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).
(2) Exception
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
Section 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) of Public Law 93-66).