
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1008]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER VIII--SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS
 
Sec. 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--
            (A) 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; or
            (B) under subchapter II of this chapter to recover the 
        amount in excess of the correct amount, if the person is not 
        currently eligible for payment under this subchapter.

        (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) No effect on subchapter VIII eligibility or benefit amount

    In any case in which the Commissioner of Social Security takes 
action in accordance with subsection (a)(1)(B) of this section to 
recover an amount incorrectly paid to an individual, that individual 
shall not, as a result of such action--
        (1) become qualified for benefits under this subchapter; or
        (2) if such individual is otherwise so qualified, become 
    qualified for increased benefits under this subchapter.

(c) Waiver of recovery of overpayment

    In any case in which more than the correct amount of payment has 
been made, there shall be no adjustment of payments to, or recovery by 
the United States from, any person who is without fault if the 
Commissioner of Social Security determines that the adjustment or 
recovery would defeat the purpose of this subchapter or would be against 
equity and good conscience.

(d) Limited immunity for disbursing officers

    A disbursing officer may not be held liable for any amount paid by 
the officer if the adjustment or recovery of the amount is waived under 
subsection (b) of this section, or adjustment under subsection (a) of 
this section is not completed before the death of the qualified 
individual against whose benefits deductions are authorized.

(e) Authorized collection practices

                           (1) In general

        With respect to any delinquent amount, the Commissioner of 
    Social Security may use the collection practices described in 
    sections 3711(e), 3716, and 3718 of title 31, as in effect on 
    October 1, 1994.

                           (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.

(Aug. 14, 1935, ch. 531, title VIII, Sec. 808, as added Pub. L. 106-169, 
title II, Sec. 251(a), Dec. 14, 1999, 113 Stat. 1850.)


                            Prior Provisions

    For prior provisions, see note set out under section 1001 of this 
title.
