
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1320b-17]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                       Part A--General Provisions
 
Sec. 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, Sec. 1147, as added Pub. L. 105-306, 
Sec. 8(a), Oct. 28, 1998, 112 Stat. 2928; amended Pub. L. 106-169, title 
II, Sec. 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, Sec. 251(b)(7)(B), substituted ``other'' for 
``social security'' in section catchline.
    Subsec. (a)(1). Pub. L. 106-169, Sec. 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.
