§1320b–17. Recovery of SSI overpayments from other benefits

(a) In general

(1) Whenever the Commissioner of Social Security determines that more than the correct amount of any payment has been made under the supplemental security income program under subchapter XVI of this chapter (including, for purposes of this section, under section 1382e(a) of this title or section 212(b) of Public Law 93–66) to a person who is not currently eligible for cash benefits under the program, the Commissioner, notwithstanding section 407 of this title but subject to paragraph (2) of this subsection, may recover the amount incorrectly paid by decreasing any amount which is payable to the person under subchapter II or VIII of this chapter in any month by not more than 10 percent of the amount payable under such subchapter.

(2) The 10 percent limitation set forth in paragraph (1) shall not apply to an overpayment made to a person if-

(A) the person or the spouse of the person was involved in willful misrepresentation or concealment of material information in connection with the overpayment; or

(B) the person so requests.

(b) No effect on SSI eligibility or benefit amount

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 any individual whose eligibility for benefits under the supplemental security income program under subchapter XVI of this chapter, 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 such program; or

(2) if such person or individual is otherwise so eligible, become eligible for increased benefits under such program.

(Aug. 14, 1935, ch. 531, title XI, §1147, as added Pub. L. 105–306, §8(a), Oct. 28, 1998, 112 Stat. 2928 ; amended Pub. L. 106–169, title II, §251(b)(7), Dec. 14, 1999, 113 Stat. 1855 .)

References in Text

Section 212(b) of Public Law 93–66, referred to in subsec. (a), is section 212(b) of Pub. L. 93–66, title II, July 9, 1973, 87 Stat. 156 , as amended, which is set out as a note under section 1382 of this title.

Amendments

1999-Pub. L. 106–169, §251(b)(7)(B), substituted "other" for "social security" in section catchline.

Subsec. (a)(1). Pub. L. 106–169, §251(b)(7)(A), inserted "or VIII" after "person under subchapter II" and substituted "payable under such subchapter" for "payable under subchapter II of this chapter".

Effective Date

Section effective Oct. 28, 1998, and applicable to amounts incorrectly paid which remain outstanding on or after such date, see section 8(c) of Pub. L. 105–306, set out as an Effective Date of 1998 Amendment note under section 404 of this title.

Section Referred to in Other Sections

This section is referred to in sections 404, 1383 of this title.