Page:United States Statutes at Large Volume 81.djvu/895

 81 STAT. ]

PUBLIC LAW 90-248-JAN. 2, 1968

"(1) With respect to payment to a person of more than the correct amount, the Secretary shall decrease any payment under this title to which such overpaid person is entitled, or shall require such overpaid person or his estate to refund the amount in excess of the correct amount, or shall decrease any payment under this title payable to his estate or to any other person on the basis of the wages and self-employment income which were the basis of the payments to such overpaid person, or shall apply any combination of the foregoing. "(2) With respect to payment to a person of less than the correct amount, the Secretary shall make payment of the balance of the amount due such underpaid person, or, if such person dies before payments are completed or before negotiating one or more checks representing correct payments, disposition of the amount due shall be made in accordance with subsection (d). " (b) Section 204(b) of such Act is amended to read as follows: "(b) I n any case in which more than the correct amount of payment has been made, there shall be no adjustment of payments to, or recovery by the United States from, any person who is without fault if such adjustment or recovery would defeat the purpose of this title or would be against equity and good conscience."

861

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B E N E F I T S PAID O X BASIS OF ERRONEOUS REPORTS OP D E A T H I N M I L I T A R Y SERVICE

SEC. 153. (a) Section 204(a)(1) of the Social Security Act (as amended by section 152 of this Act) is further amended by adding at ^Ante, p. seo. the end the following sentence: "A payment made under this title on the basis of an erroneous report of death by the Department of Defense of an individual in the line of duty while he is a member of the uniformed services (as defined in section 210(m)) on active duty (as defined in section 210(1)) shall not be considered an incorrect pay- 42 USC 410. ment for any month prior to the month such Department notifies the Secretary that such individual is alive." (b) The amendment made by this section shall apply with respect to benefits under title II of the Social Security Act if the individual 42 USC 4oito whom such benefits were paid would have been entitled to such •*28;>i"<e. p..833. benefits in or after the month in which this Act was enacted if the report mentioned in the amendment made by subsection (a) of this section had been correct (but without regard to the provisions of section 202(j)(1) of such Act). 42 USC 402. UNDERPAYMENTS

SEC. 154. (a) Section 204(d) of the Social Security Act is amended read as follows: " (d) If an individual dies before any payment due him under this title is completed, payment of the amount due (including the amount of any unnegotiated checks) shall be made— "(1) to the person, if any, who is determined by the Secretary to be the surviving spouse of the deceased individual and who either (i) was living m the same household with the deceased at the time of his death or (ii) was, for the month in which the deceased individual died, entitled to a monthly benefit on the basis of the same wages and self-employment income as Avas the deceased individual; "(2) if there is no person who meets the requirements of paragraph (1), or if the person who meets such requirements dies before the payment due him under this title is completed, to the child or children, if any, of the deceased individual who were, for

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