42 USC 1008 - Overpayments and underpayments

U.S Code last checked for updates: Nov 22, 2024

§ 1008.

Overpayments and underpayments

(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.

(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) 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

(c)

Limited immunity for disbursing officers

(d)

Authorized collection practices

(1)

In general

(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

(Aug. 14, 1935, ch. 531, title VIII, § 808, as added Pub. L. 106–169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1850; amended Pub. L. 108–203, title II, § 210(b)(2), Mar. 2, 2004, 118 Stat. 517.)

cite as: 42 USC 1008