118 STAT. 516 PUBLIC LAW 108–203—MAR. 2, 2004 (d) EFFECTIVE DATE.—The amendments made by subsections (a), (b), and (c) shall apply with respect to violations occurring on or after the date of enactment of this Act. SEC. 210. AUTHORITY FOR CROSS PROGRAM RECOVERY OF BENEFIT OVERPAYMENTS. (a) IN GENERAL.—Section 1147 of the Social Security Act (42 U.S.C. 1320b–17) is amended to read as follows: ‘‘CROSS PROGRAM RECOVERY OF OVERPAYMENTS FROM BENEFITS ‘‘(a) IN GENERAL.—Subject to subsection (b), whenever the Commissioner of Social Security determines that more than the correct amount of any payment has been made to a person under a program described in subsection (e), the Commissioner of Social Security may recover the amount incorrectly paid by decreasing any amount which is payable to such person under any other program specified in that subsection. ‘‘(b) LIMITATION APPLICABLE TO CURRENT BENEFITS.— ‘‘(1) IN GENERAL.—In carrying out subsection (a), the Commissioner of Social Security may not decrease the monthly amount payable to an individual under a program described in subsection (e) that is paid when regularly due— ‘‘(A) in the case of benefits under title II or VIII, by more than 10 percent of the amount of the benefit payable to the person for that month under such title; and ‘‘(B) in the case of benefits under title XVI, by an amount greater than the lesser of— ‘‘(i) the amount of the benefit payable to the person for that month; or ‘‘(ii) an amount equal to 10 percent of the person’s income for that month (including such monthly benefit but excluding payments under title II when recovery is also made from title II payments and excluding income excluded pursuant to section 1612(b)). ‘‘(2) EXCEPTION.—Paragraph (1) shall not apply if— ‘‘(A) the person or the spouse of the person was involved in willful misrepresentation or concealment of material information in connection with the amount incorrectly paid; or ‘‘(B) the person so requests. ‘‘(c) NO EFFECT ON ELIGIBILITY OR BENEFIT AMOUNT UNDER TITLE VIII OR XVI.—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 (with respect to the program described in subsection (e)(3)) any individual whose eligibility for benefits under such pro gram or whose amount of such benefits, is determined by consid ering any part of that person’s income, shall, as a result of such action— ‘‘(1) become eligible for benefits under the program described in paragraph (2) or (3) of subsection (e); or ‘‘(2) if such person or individual is otherwise so eligible, become eligible for increased benefits under such program. ‘‘(d) INAPPLICABILITY OF PROHIBITION AGAINST ASSESSMENT AND LEGAL PROCESS.—Section 207 shall not apply to actions taken under Applicability. 42 USC 408 note.
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