Page:United States Statutes at Large Volume 53 Part 2.djvu/892

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PUBLIC LAWS-CH. 666-AUG. 10 , 1939 Report to Board If benefits subject to de- duction. Failure to report; penalty. Deductions totaling amount of lump-sum payment. 49 Stat. 624. 42 U. S. C., Supp. IV, § 404. "(g) Any individual in receipt of benefits subject to deduction under subsection (d) or (e) (or who is in receipt of such benefits on behalf of another individual), because of the occurrence of an event enumerated therein, shall report such occurrence to the Board prior to the receipt and acceptance of an insurance benefit for the second month following the month in which such event occurred. Any such individual having knowledge thereof, who fails to report any such occurrence, shall suffer an additional deduction equal to that imposed under subsection (d) or (e). "(h) Deductions shall also be made from any primary insurance benefit to which an individual is entitled, or from any other insurance benefit payable with respect to such individual's wages, until such deductions total the amount of any lump sum paid to such individual under section 204 of the Social Security Act in force prior to the date of enactment of the Social Security Act Amendments of 1939. " OVERPAYMENTS AND UNDERPAYMENTS Adjustment. "SEC. 204. (a) Whenever an error has been made with respect to payments to an individual under this title (including payments made pior to January 1, 1940), proper adjustment shall be made, under regulations prescribed by the Board, by increasing or decreasing sub- before andustment sequent payments to which such individual is entitled. If such indi- mpleted. vidual dies before such adjustment has been completed, adjustment shall be made by increasing or decreasing subsequent benefits payable with respect to the wages which were the basis of benefits of such deceased individual. recoeraydby Us. in "(b) There shall be no adjustment or recovery by the United States certain cases. in any case where incorrect payment has been made to an individual who is without fault (including payments made prior to January 1, 1940), and where adjustment or recovery would defeat the purpose of this title or would be against equity and good conscience. tifying or disbursing "(c) No certifying or disbursing officer shall be held liable for any officer, conditions. amount certified or paid by him to any person where the adjustment or recovery of such amount is waived under subsection (b), or where adjustment under subsection (a) is not completed prior to the death of all persons against whose benefits deductions are authorized. " EV I DENCE, PROCEDURE, AND CERTIFICATION FOR PAYMENT etRu regulations, "SEC. 205. (a) The Board shall have full power and authority to make rules and regulations and to establish procedures, not incon- sistent with the provisions of this title, which are necessary or appro- priate to carry out such provisions, and shall adopt reasonable and proper rules and regulations to regulate and provide for the nature and extent of the proofs and evidence and the method of taking and furnishing the same in order to establish the right to benefits hereunder. rieteeination of "(b) The Board is directed to make findings of fact, and decisions as to the rights of any individual applying for a payment under this tionsetcnvestiga. title. Whenever requested by any such individual or whenever requested by a wife, widow, child, or parent who makes a showing in writing that his or her rights may be prejudiced by any decision the Board has rendered, it shall give such applicant and such other indi- vidual reasonable notice and opportunity for a hearing with respect to such decision, and, if a hearing is held shall, on the basis of evi- dence adduced at the hearing, affirm, modify, or reverse its findings of fact and such decision. The Board is further authorized, on its own motion, to hold such hearings and to conduct such investigations and 1368 [53 STAT.