Current as of: January 2009
(Aug. 14, 1935, ch. 531, title VIII, Sec. 808, as added Pub. L. 106-
169, title II, Sec. 251(a), Dec. 14, 1999, 113 Stat. 1850; amended
Pub. L. 108-203, title II, Sec. 210(b)(2), Mar. 2, 2004, 118 Stat.
For prior provisions, see note set out under section 1001 of this
2004 - Subsec. (a)(1). Pub. L. 108-203, Sec. 210(b)(2)(A),
substituted "any payment" for "any payment - ", struck out "(A)"
before "under this subchapter", substituted "section 3720A of title
31." for "section 3720A of title 31; or", and struck out subpar.
(B) which read as follows: "under subchapter II of this chapter to
recover the amount in excess of the correct amount, if the person
is not currently eligible for payment under this subchapter."
Subsec. (b) to (d). Pub. L. 108-203, Sec. 210(b)(2)(B),
redesignated subsecs. (c) to (e) as (b) to (d), respectively, and
struck out heading and text of subsec. (b). Text read as follows:
"In any case in which the Commissioner of Social Security takes
action in accordance with subsection (a)(1)(B) of this section to
recover an amount incorrectly paid to an individual, that
individual shall not, as a result of such action -
"(1) become qualified for benefits under this subchapter; or
"(2) if such individual is otherwise so qualified, become
qualified for increased benefits under this subchapter."
Subsec. (e). Pub. L. 108-203, Sec. 210(b)(2)(B), (C), added
subsec. (e) and redesignated former subsec. (e) as (d).
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108-203 effective Mar. 2, 2004, and
effective with respect to overpayments under subchapters II, VIII,
and XVI of this chapter that are outstanding on or after such date,
see section 210(c) of Pub. L. 108-203, set out as a note under
section 404 of this title.
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