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U.S. Code as of:
01/19/04
Section 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.
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