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Subpart A—Introduction, General Provision and Definitions | |
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Sec. | |
| What is this part about? |
| Purpose and administration of the program. |
| General definitions and use of terms. |
| Periods of limitations ending on Federal nonworkdays. |
Subpart B—SVB Qualification and Entitlement | |
| What is this subpart about? |
| How do you qualify for SVB? |
| What conditions will prevent you from qualifying for SVB or being entitled to receive SVB payments? |
| What happens when you apply for SVB? |
| What happens if you establish residence outside the United States within 4 calendar months? |
| What happens if you do not establish residence outside the United States within 4 calendar months? |
| What happens if you are a qualified individual already residing outside the United States? |
Age | |
| Are you age 65? |
Military Service | |
| Are you a World War II veteran? |
SSI Eligibility | |
| Do you meet the SSI eligibility requirements? |
Other Benefit Income | |
| Do you have other benefit income? |
| How does your other benefit income affect your SVB? |
| How do we determine the monthly amount of your other benefit income? |
| What happens if you begin receiving other benefit income after you become entitled to SVB? |
Residence Outside the United States | |
| When do we consider you to be residing outside the United States? |
| When must you begin residing outside the United States? |
| When do you lose your foreign resident status? |
| 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 | |
| What is this subpart about? |
| Why do you need to file an application to receive benefits? |
| What makes an application a claim for SVB? |
| Who may sign your application? |
| What evidence shows that a person has authority to sign an application for you? |
| When is your application considered filed? |
| How long will your application remain in effect? |
Filing Date Based on Written Statement or Oral Inquiry | |
| When will we use a written statement as your filing date? |
| When will we use the date of an oral inquiry as your application filing date? |
Deemed Filing Date Based on Misinformation | |
| What happens if we give you misinformation about filing an application? |
Withdrawal of Application | |
| Can you withdraw your application? |
| Can you cancel your request to withdraw your application? |
Subpart D—Evidence Requirements | |
General Information | |
| What is this subpart about? |
| When do you need to give us evidence? |
| Where should you give us your evidence? |
| What happens if you fail to give us the evidence we ask for? |
| When do we require original records or copies as evidence? |
| How do we evaluate the evidence you give us? |
Age | |
| When do you need to give us evidence of your age? |
| What kinds of evidence of age do you need to give us? |
| How do we evaluate the evidence of age you give us? |
Military Service | |
| What evidence of World War II military service do you need to give us? |
SSI Eligibility | |
| How do we establish your eligibility for SSI? |
Other Benefit Income | |
| When do you need to give us evidence of your other benefit income? |
| What kind of evidence of your other benefit income do you need to give us? |
Residence | |
| How do you prove that you are residing outside the United States? |
| 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 | |
| What is this subpart about? |
| How do we determine the amount of your SVB payment? |
| How do we reduce your SVB when you receive other benefit income? |
| When do we make SVB payments? |
Subpart F—Representative Payment | |
| What is this subpart about? |
| When will we send your SVB payments to a representative payee? |
| What happens to your monthly benefits while we are finding a suitable representative payee for you? |
| What information do we consider in determining whether we will pay your benefits to a representative payee? |
| What information do we consider in selecting the proper representative payee for you? |
| What is our order of preference in selecting a representative payee for you? |
| Who may not serve as a representative payee? |
| How do we investigate a representative payee applicant? |
| What information must a representative payee report to us? |
| How will we notify you when we decide you need a representative payee? |
| What are the responsibilities of your representative payee? |
| How must your representative payee use your benefits? |
| Who is liable if your representative payee misuses your benefits? |
| What must your representative payee do with unused benefits? |
| When will we select a new representative payee for you? |
| When will we stop making your payments to a representative payee? |
| What happens to your accumulated funds when your representative payee changes? |
| How does your representative payee account for the use of your SVB payments? |
Subpart G—Reporting Requirements | |
| What is this subpart about? |
| Who must make reports? |
| What events must you report to us? |
| What must your report include? |
| How should you make your report? |
| When are reports due? |
Subpart H—Suspensions and Terminations | |
| What is this subpart about? |
Suspension | |
| When will we suspend your SVB payments? |
| What happens to your SVB payments if you fail to comply with our request for information? |
| What happens to your SVB payments if you are no longer residing outside the United States? |
| What happens to your SVB payments if you begin receiving additional benefit income? |
| What happens to your SVB payments if you are removed (including deported) from the United States? |
| 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? |
| 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 | |
| Can you request termination of your SVB entitlement? |
| When does SVB entitlement end due to death? |
| When does SVB entitlement end if your benefit payments have been in suspense for 12 consecutive months? |
| Will we send you a notice of intended action affecting your SVB payment status? |
Subpart I—Underpayments and Overpayments | |
General Rules | |
| What is this subpart about? |
| What is an underpayment? |
| What is an overpayment? |
| How do we determine the amount of an underpayment or overpayment? |
| How will you receive an underpayment? |
| 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 | |
| When will we waive recovery of an SVB overpayment? |
| What happens when we waive recovery of an SVB overpayment? |
| When are you without fault regarding an overpayment? |
| When would overpayment recovery defeat the purpose of the title VIII program? |
| When would overpayment recovery be against equity and good conscience? |
Notices | |
| What notices will you receive if you are overpaid or underpaid? |
Refund of Overpayments | |
| When will we seek refund of an SVB overpayment? |
Adjustment of SVB | |
| When will we adjust your SVB payments to recover an overpayment? |
| Is there a limit on the amount we will withhold from your SVB payments to recover an overpayment? |
Adjustment of Title II Benefits | |
| Are title II and title XVI benefits subject to adjustment to recover title VIII overpayments? |
| How much will we withhold from your title II and title XVI benefits to recover a title VIII overpayment? |
| Will you receive notice of our intention to apply cross-program recovery? |
| When will we begin cross-program recovery from your current monthly benefits? |
Tax Refund Offset | |
| When will we refer an SVB overpayment to the Department of the Treasury for tax refund offset? |
| Will we notify you before we refer an SVB overpayment for tax refund offset? |
| Will you have a chance to present evidence showing that the overpayment is not past due or is not legally enforceable? |
| What happens after we make our determination on your request for review or your request for waiver? |
| How can you review our records related to an SVB overpayment? |
| When will we suspend tax refund offset? |
| What happens if your tax refund is insufficient to cover the amount of your SVB overpayment? |
Compromise Settlements, or Suspension or Termination of Collection | |
| 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 | |
| What is this subpart about? |
| Definitions. |
| What is an initial determination? |
| Which administrative actions are initial determinations? |
| Which administrative actions are not initial determinations? |
| Will we mail you a notice of the initial determination? |
| What is the effect of an initial determination? |
Reconsideration | |
| What is reconsideration? |
| How do you request reconsideration? |
| How do we determine whether you had good cause for missing the deadline to request review? |
| What are the methods for reconsideration? |
| What procedures apply if you request reconsideration of an initial determination on your application for SVB? |
| What procedures apply if you request reconsideration of an initial determination that results in suspension, reduction, or termination of your SVB? |
| What happens if you request a conference? |
| How do we make our reconsidered determination? |
| How does the reconsidered determination affect you? |
| How will we notify you of our reconsidered determination? |
Expedited Appeals Process | |
| When can you use the expedited appeals process? |
Hearing Before an Administrative Law Judge | |
| When you can request a hearing before an administrative law judge (ALJ)? |
Administrative Law Judge Hearing Procedures | |
| What procedures apply if you request an ALJ hearing? |
Appeals Council Review | |
| When can you request Appeals Council review of an ALJ hearing decision or dismissal of a hearing request? |
Court Remand Cases | |
| What happens if a Federal court remands your case to the Commissioner? |
Reopening and Revising Determinations and Decisions | |
| When will we reopen a final determination? |
Subpart K—Representation of Parties | |
| Can you appoint someone to represent you? |
Subpart L—Federal Administration of State Recognition Payments | |
| What are State recognition payments? |
| How can a State have SSA administer its State recognition payment program? |
| What are the essential elements of an administration agreement? |
| How do you establish eligibility for Federally administered State recognition payments? |
| How do we pay Federally administered State recognition payments? |
| What happens if you receive an overpayment? |
| What happens if you are underpaid? |
| Can you waive State recognition payments? |
| 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 Apr 01, 2009 |