US Code

Public Law 119-102 (07/12/2026)

42 U.S.C. § 1320b–17

Cross-program recovery of overpayments from benefits

Section text and notes

(a)

In general

Subject to subsection (b), 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), 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), the Commissioner of Social Security may not decrease the monthly amount payable to an individual under a program described in subsection (e) that is paid when regularly due—
(A)
in the case of benefits under subchapter II or VIII, 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, by an amount greater than the lesser of—
(i)
the amount of the benefit payable to the person for that month; or
(ii)
section 1382a(b) of this title an amount equal to 10 percent of the person’s income for that month (including such monthly benefit but excluding payments under subchapter II when recovery is also made from subchapter II payments and excluding income excluded pursuant to ).
(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) to recover an amount incorrectly paid to any person, neither that person, nor (with respect to the program described in subsection (e)(3)) 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); 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.

(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.
(2)
The special benefits for certain World War II veterans program under subchapter VIII.
(3)
section 1382e(a) of this titlesection 212(b) of Public Law 93–66 The supplemental security income benefits program under subchapter XVI (including, for purposes of this section, State supplementary payments paid by the Commissioner pursuant to an agreement under or ).

Aug. 14, 1935, ch. 531 Pub. L. 105–306, § 8(a)112 Stat. 2928 Pub. L. 106–169, title II, § 251(b)(7)113 Stat. 1855 Pub. L. 108–203, title II, § 210(a)118 Stat. 516 (, title XI, § 1147, as added , , ; amended , , ; , , .)

Editorial Notes

References in Text

Section 212(b) of Public Law 93–66section 212(b) of Pub. L. 93–6687 Stat. 156 section 1382 of this title, referred to in subsec. (e)(3), is , title II, , , which is set out as a note under .

Amendments

Pub. L. 108–2032004— amended section catchline and text generally, substituting provisions relating to recovery of overpayments from benefits under subchapters II, VIII, and XVI of this chapter, consisting of subsecs. (a) to (e), for provisions relating to recovery of overpayments from benefits under subchapter XVI of this chapter, consisting of subsecs. (a) and (b).

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–203section 210(c) of Pub. L. 108–203section 404 of this titleAmendment by effective , and effective with respect to overpayments under subchapters II, VIII, and XVI of this chapter that are outstanding on or after such date, see , set out as a note under .

Effective Date

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