Subpart I. Subpart I—Underpayments and Overpayments

• General Rules

  • SECTION § 408.900 - What is this subpart about?
  • SECTION § 408.901 - What is an underpayment?
  • SECTION § 408.902 - What is an overpayment?
  • SECTION § 408.903 - How do we determine the amount of an underpayment or overpayment?
  • SECTION § 408.904 - How will you receive an underpayment?
  • SECTION § 408.905 - 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

  • SECTION § 408.910 - When will we waive recovery of an SVB overpayment?
  • SECTION § 408.911 - What happens when we waive recovery of an SVB overpayment?
  • SECTION § 408.912 - When are you without fault regarding an overpayment?
  • SECTION § 408.913 - When would overpayment recovery defeat the purpose of the title VIII program?
  • SECTION § 408.914 - When would overpayment recovery be against equity and good conscience?

• Notices

  • SECTION § 408.918 - What notices will you receive if you are overpaid or underpaid?

• Refund of Overpayments

  • SECTION § 408.920 - When will we seek refund of an SVB overpayment?

• Adjustment of SVB

  • SECTION § 408.922 - When will we adjust your SVB payments to recover an overpayment?
  • SECTION § 408.923 - Is there a limit on the amount we will withhold from your SVB payments to recover an overpayment?

• Adjustment of Title II Benefits

  • SECTION § 408.930 - Are title II and title XVI benefits subject to adjustment to recover title VIII overpayments?
  • SECTION § 408.931 - How much will we withhold from your title II and title XVI benefits to recover a title VIII overpayment?
  • SECTION § 408.932 - Will you receive notice of our intention to apply cross-program recovery?
  • SECTION § 408.933 - When will we begin cross-program recovery from your current monthly benefits?

• Tax Refund Offset

  • SECTION § 408.940 - When will we refer an SVB overpayment to the Department of the Treasury for tax refund offset?
  • SECTION § 408.941 - Will we notify you before we refer an SVB overpayment for tax refund offset?
  • SECTION § 408.942 - Will you have a chance to present evidence showing that the overpayment is not past due or is not legally enforceable?
  • SECTION § 408.943 - What happens after we make our determination on your request for review or your request for waiver?
  • SECTION § 408.944 - How can you review our records related to an SVB overpayment?
  • SECTION § 408.945 - When will we suspend tax refund offset?
  • SECTION § 408.946 - What happens if your tax refund is insufficient to cover the amount of your SVB overpayment?

• Compromise Settlements, or Suspensions or Termination of Collection

  • SECTION § 408.950 - Will we accept a compromise settlement of an overpayment debt or suspend or terminate collection of an overpayment?