PUBLIC LAW 105-306—OCT. 28, 1998 112 STAT. 2929 " RECOVERY OF SSI OVERPAYMENTS FROM SOCIAL SECURITY BENEFITS "SEC. 1147. (a) IN GENERAL.—(1) Whenever the Commissioner 42 USC of Social Security determines that more than the correct amount I320b-17. of any pa3niient has been made under the supplemental security income program under title XVI of this Act (including, for purposes of this section, under section 1616(a) of this Act 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 207 of this Act 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 title II of this Act in any month by not more than 10 percent of the amount payable under title II. "(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) 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 title XVI, 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.". (b) CONFORMING AMENDMENTS. — (1) Section 204 of such Act (42 U.S.C. 404) is amended by adding at the end the following: "(g) For payments which are adjusted or withheld to recover an overpayment of supplemental security income benefits paid under title XVI of this Act (including State supplementary payments paid under an agreement pursuant to section 1616(a) of this Act or section 212(b) of Public Law 93-66), see section 1147.". (2) Section 1631(b) of such Act (42 U.S.C. 1383(b)) is amended by adding at the end the following: "(5) For provisions relating to the recovery of benefits incorrectly paid under this title from benefits payable under title II, see section 1147.".
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