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| Subpart A—Introduction, General Provision and Definitions | |
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| Sec. | |
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| What is this part about? |
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| Purpose and administration of the program. |
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| General definitions and use of terms. |
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| Periods of limitations ending on Federal nonworkdays. |
| Subpart B—SVB Qualification and Entitlement | |
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| What is this subpart about? |
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| How do you qualify for SVB? |
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| What conditions will prevent you from qualifying for SVB or being entitled to receive SVB payments? |
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| What happens when you apply for SVB? |
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| What happens if you establish residence outside the United States within 4 calendar months? |
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| What happens if you do not establish residence outside the United States within 4 calendar months? |
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| What happens if you are a qualified individual already residing outside the United States? |
| Age | |
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| Are you age 65? |
| Military Service | |
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| Are you a World War II veteran? |
| SSI Eligibility | |
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| Do you meet the SSI eligibility requirements? |
| Other Benefit Income | |
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| Do you have other benefit income? |
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| How does your other benefit income affect your SVB? |
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| How do we determine the monthly amount of your other benefit income? |
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| What happens if you begin receiving other benefit income after you become entitled to SVB? |
| Residence Outside the United States | |
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| When do we consider you to be residing outside the United States? |
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| When must you begin residing outside the United States? |
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| When do you lose your foreign resident status? |
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| Can you continue to receive SVB payments if you stay in the United States for more than 1 full calendar month? |
| Subpart C—Filing Applications | |
| Filing Your Application | |
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| What is this subpart about? |
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| Why do you need to file an application to receive benefits? |
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| What makes an application a claim for SVB? |
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| Who may sign your application? |
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| What evidence shows that a person has authority to sign an application for you? |
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| When is your application considered filed? |
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| How long will your application remain in effect? |
| Filing Date Based on Written Statement or Oral Inquiry | |
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| When will we use a written statement as your filing date? |
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| When will we use the date of an oral inquiry as your application filing date? |
| Deemed Filing Date Based on Misinformation | |
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| What happens if we give you misinformation about filing an application? |
| Withdrawal of Application | |
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| Can you withdraw your application? |
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| Can you cancel your request to withdraw your application? |
| Subpart D—Evidence Requirements | |
| General Information | |
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| What is this subpart about? |
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| When do you need to give us evidence? |
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| Where should you give us your evidence? |
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| What happens if you fail to give us the evidence we ask for? |
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| When do we require original records or copies as evidence? |
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| How do we evaluate the evidence you give us? |
| Age | |
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| When do you need to give us evidence of your age? |
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| What kinds of evidence of age do you need to give us? |
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| How do we evaluate the evidence of age you give us? |
| Military Service | |
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| What evidence of World War II military service do you need to give us? |
| SSI Eligibility | |
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| How do we establish your eligibility for SSI? |
| Other Benefit Income | |
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| When do you need to give us evidence of your other benefit income? |
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| What kind of evidence of your other benefit income do you need to give us? |
| Residence | |
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| How do you prove that you are residing outside the United States? |
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| How do you prove that you had good cause for staying in the United States for more than 1 full calendar month? |
| Subpart E—Amount and Payment of Benefits | |
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| What is this subpart about? |
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| How do we determine the amount of your SVB payment? |
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| How do we reduce your SVB when you receive other benefit income? |
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| When do we make SVB payments? |
| Subpart F—Representative Payment | |
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| What is this subpart about? |
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| When will we send your SVB payments to a representative payee? |
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| What happens to your monthly benefits while we are finding a suitable representative payee for you? |
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| What information do we consider in determining whether we will pay your benefits to a representative payee? |
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| What information do we consider in selecting the proper representative payee for you? |
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| What is our order of preference in selecting a representative payee for you? |
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| Who may not serve as a representative payee? |
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| How do we investigate a representative payee applicant? |
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| What information must a representative payee report to us? |
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| How will we notify you when we decide you need a representative payee? |
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| What are the responsibilities of your representative payee? |
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| How must your representative payee use your benefits? |
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| Who is liable if your representative payee misuses your benefits? |
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| What must your representative payee do with unused benefits? |
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| When will we select a new representative payee for you? |
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| When will we stop making your payments to a representative payee? |
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| What happens to your accumulated funds when your representative payee changes? |
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| How does your representative payee account for the use of your SVB payments? |
| Subpart G—Reporting Requirements | |
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| What is this subpart about? |
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| Who must make reports? |
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| What events must you report to us? |
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| What must your report include? |
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| How should you make your report? |
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| When are reports due? |
| Subpart H—Suspensions and Terminations | |
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| What is this subpart about? |
| Suspension | |
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| When will we suspend your SVB payments? |
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| What happens to your SVB payments if you fail to comply with our request for information? |
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| What happens to your SVB payments if you are no longer residing outside the United States? |
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| What happens to your SVB payments if you begin receiving additional benefit income? |
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| What happens to your SVB payments if you are removed (including deported) from the United States? |
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| What happens to your SVB payments if you are fleeing to avoid criminal prosecution or custody or confinement after conviction, for certain crimes, or if you violate a condition of probation or parole? |
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| What happens to your SVB payments if you are not a citizen or national of the United States and you begin residing in a Treasury-restricted country? |
| Termination | |
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| Can you request termination of your SVB entitlement? |
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| When does SVB entitlement end due to death? |
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| When does SVB entitlement end if your benefit payments have been in suspense for 12 consecutive months? |
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| Will we send you a notice of intended action affecting your SVB payment status? |
| Subpart I—Underpayments and Overpayments | |
| General Rules | |
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| What is this subpart about? |
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| What is an underpayment? |
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| What is an overpayment? |
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| How do we determine the amount of an underpayment or overpayment? |
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| How will you receive an underpayment? |
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| Will we withhold or adjust an underpayment to reduce an overpayment if that overpayment occurred in a different period? |
| Waiver of Recovery of SVB Overpayments | |
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| When will we waive recovery of an SVB overpayment? |
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| What happens when we waive recovery of an SVB overpayment? |
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| When are you without fault regarding an overpayment? |
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| When would overpayment recovery defeat the purpose of the title VIII program? |
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| When would overpayment recovery be against equity and good conscience? |
| Notices | |
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| What notices will you receive if you are overpaid or underpaid? |
| Refund of Overpayments | |
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| When will we seek refund of an SVB overpayment? |
| Adjustment of SVB | |
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| When will we adjust your SVB payments to recover an overpayment? |
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| Is there a limit on the amount we will withhold from your SVB payments to recover an overpayment? |
| Adjustment of Title II Benefits | |
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| Are title II and title XVI benefits subject to adjustment to recover title VIII overpayments? |
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| How much will we withhold from your title II and title XVI benefits to recover a title VIII overpayment? |
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| Will you receive notice of our intention to apply cross-program recovery? |
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| When will we begin cross-program recovery from your current monthly benefits? |
| Tax Refund Offset | |
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| When will we refer an SVB overpayment to the Department of the Treasury for tax refund offset? |
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| Will we notify you before we refer an SVB overpayment for tax refund offset? |
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| Will you have a chance to present evidence showing that the overpayment is not past due or is not legally enforceable? |
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| What happens after we make our determination on your request for review or your request for waiver? |
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| How can you review our records related to an SVB overpayment? |
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| When will we suspend tax refund offset? |
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| What happens if your tax refund is insufficient to cover the amount of your SVB overpayment? |
| Compromise Settlements, or Suspension or Termination of Collection | |
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| Will we accept a compromise settlement of an overpayment debt or suspend or terminate collection of an overpayment? |
| Subpart J—Determinations and the Administrative Review Process | |
| Introduction, Definitions, and Initial Determinations | |
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| What is this subpart about? |
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| Definitions. |
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| What is an initial determination? |
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| Which administrative actions are initial determinations? |
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| Which administrative actions are not initial determinations? |
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| Will we mail you a notice of the initial determination? |
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| What is the effect of an initial determination? |
| Reconsideration | |
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| What is reconsideration? |
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| How do you request reconsideration? |
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| How do we determine whether you had good cause for missing the deadline to request review? |
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| What are the methods for reconsideration? |
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| What procedures apply if you request reconsideration of an initial determination on your application for SVB? |
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| What procedures apply if you request reconsideration of an initial determination that results in suspension, reduction, or termination of your SVB? |
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| What happens if you request a conference? |
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| How do we make our reconsidered determination? |
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| How does the reconsidered determination affect you? |
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| How will we notify you of our reconsidered determination? |
| Expedited Appeals Process | |
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| When can you use the expedited appeals process? |
| Hearing Before an Administrative Law Judge | |
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| When you can request a hearing before an administrative law judge (ALJ)? |
| Administrative Law Judge Hearing Procedures | |
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| What procedures apply if you request an ALJ hearing? |
| Appeals Council Review | |
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| When can you request Appeals Council review of an ALJ hearing decision or dismissal of a hearing request? |
| Court Remand Cases | |
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| What happens if a Federal court remands your case to the Commissioner? |
| Reopening and Revising Determinations and Decisions | |
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| When will we reopen a final determination? |
| Subpart K—Representation of Parties | |
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| Can you appoint someone to represent you? |
| Subpart L—Federal Administration of State Recognition Payments | |
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| What are State recognition payments? |
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| How can a State have SSA administer its State recognition payment program? |
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| What are the essential elements of an administration agreement? |
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| How do you establish eligibility for Federally administered State recognition payments? |
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| How do we pay Federally administered State recognition payments? |
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| What happens if you receive an overpayment? |
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| What happens if you are underpaid? |
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| Can you waive State recognition payments? |
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| How does the State transfer funds to SSA to administer its recognition payment program? |
SOURCE: 68 FR 16418, Apr. 4, 2003, unless otherwise noted.
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Last reviewed or modified Wednesday Sep 17, 2008 |
