Page:United States Statutes at Large Volume 113 Part 3.djvu/332

 113 STAT. 1850 PUBLIC LAW 106-169—DEC. 14, 1999 "(B) the name, address, and social security account number of each individual for whom each representative payee is reported to be providing services as representative payee pursuant to this section, section 205(j), or section 1631(a)(2). "(4) MAINTAINING LISTS OF AGENCIES.—The Commissioner of Social Security shall maintain lists, which shall be updated periodically, of public agencies and community-based nonprofit social service agencies which are qualified to serve as representative payees pursuant to this section and which are located in the jurisdiction in which any qualified individual resides, "(i) RESTITUTION,—In any case where the negligent failure of the Commissioner of Social Security to investigate or monitor a representative payee results in misuse of benefits by the representative payee, the Commissioner of Social Security shall make payment to the qualified individual or the individual's alternative representative payee of an amount equal to the misused benefits. The Commissioner of Social Security shall make a good faith effort to obtain restitution from the terminated representative payee. 42 USC 1008. "SEC. 808. OVERPAYMENTS AND UNDERPAYMENTS. "(a) IN GENERAL. —Whenever the Commissioner of Social Security finds that more or less than the correct amount of payment has been made to any person under this title, proper adjustment or recovery shall be made, as follows: "(1) With respect to payment to a person of more than the correct amount, the Commissioner of Social Security shall decrease any payment— "(A) under this title to which the overpaid person (if a qualified individual) is entitled, or shall require the overpaid person or his or her estate to refund the amount in excess of the correct amount, or, if recovery is not obtained under these two methods, shall seek or pursue recovery by means of reduction in tax refunds based on notice to the Secretary of the Treasury, as authorized under section 3720A of title 31, United States Code; or "(B) under title II to recover the amount in excess of the correct amount, if the person is not currently eligible for payment under this title. "(2) With respect to payment of less than the correct amount to a qualified individual who, at the time the Commissioner of Social Security is prepared to take action with respect to the underpayment— "(A) is living, the Commissioner of Social Security shall make payment to the qualified individual (or the qualified individual's representative payee designated under section 807) of the balance of the amount due the underpaid qualified individual; or "(B) is deceased, the balance of the amount due shall revert to the general fund of the Treasury. "(b) No EFFECT ON TITLE VIII ELIGIBILITY OR BENEFIT AMOUNT. —In any case in which the Commissioner of Social Security takes action in accordance with subsection (a)(1)(B) 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 title; or

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