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Collection of Supplemental Security Income (SSI) Overpayments From Social Security Benefits

SSA · ssa-disability · Published 2001-07-26 · Effective 2001-08-27 · 66 FR 38902

Document

Document number
01-18592
Federal Register citation
66 FR 38902
CFR reference
20 CFR 404
Type
Rule
Action
Final rules.
Category
ssa-disability
Agency
US Social Security Administration
Publication date
2001-07-26
Effective date
2001-08-27

Abstract

We are revising our regulations dealing with the recovery of overpayments under the Supplemental Security Income (SSI) program under title XVI of the Social Security Act (the Act). Under the revisions, we are modifying our regulations to permit SSA to recover SSI overpayments by adjusting the amount of social security benefits payable to the individual under title II of the Act. This collection practice is limited to individuals who are not currently eligible to receive any cash payments under any provision of title XVI or State supplementary cash payments that we administer. Also, the amount of the title II benefits withheld in a month to recover the title XVI overpayment may not exceed 10 percent of the amount payable under title II unless the overpaid person requests us to withhold a different amount or the overpaid person (or his or her spouse) willfully misrepresented or concealed material information in connection with the overpayment. In a case involving willful misrepresentation or concealment, the entire title II benefit amount will be withheld to recover the overpayment. These revisions would permit SSA to recover SSI overpayments from title II benefits payable to the overpaid individual when SSI cash benefits are not payable. These revisions are necessary to implement section 1147 of the Act.

Source

Authoritative
Federal Register document
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