Sec. 104. CLARIFYING OVERPAYMENT LIABILITY FOR CHILD IN CHILD WELFARE SYSTEM
389 words·~2 min read·
/statute-compilations/comps-17355/sec-104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 104 CLARIFYING OVERPAYMENT LIABILITY FOR CHILD IN CHILD WELFARE SYSTEM ###
(a)Amendment to Title II Section 204(a) of the Social Security Act (42 U.S.C. 404(a)) is amended by adding at the end the following: > > #### “(3) > > > #####
(A)> > When any payment of more than the correct amount is made on behalf of an individual who is a represented minor beneficiary for a month in which such individual is in foster care under the responsibility of a State and the State is the representative payee of such individual, the State shall be liable for the repayment of the overpayment, and there shall be no adjustment of payments to, or recovery by the United States from, such individual. > > > ##### “(B) > > For purposes of this paragraph, the term ‘represented minor beneficiary’ has the meaning given such term in subsection (j)(11)(B)(iii).” > . ###
(b)Amendment to Title XVI Section 1631(b) of the Social Security Act (42 U.S.C. 1683(b)) is amended— ####
(1)by redesignating paragraphs
(3)through
(7)as paragraphs
(4)through (8), respectively; and ####
(2)by inserting after paragraph
(2)the following: > > #### “(3) > > > #####
(A)> > When any payment of more than the correct amount is made on behalf of an individual who is a represented minor beneficiary for a month in which such individual is in foster care under the responsibility of a State and the State is the representative payee of such individual, the State shall be liable for the repayment of the overpayment, and there shall be no adjustment of payments to, or recovery by the United States from, such individual. > > > ##### “(B) > > For purposes of this paragraph, the term ‘represented minor beneficiary’, with respect to an individual for a month, means a child (as defined for purposes of section 475(8)) entitled to benefits under this title for such month whose benefits are certified for payment to a representative payee.” > . ###
(c)Effective Date **[**[42 U.S.C. 404 note](/us/usc/t42/s404)**]** The amendment made by subsection
(a)shall apply with respect to overpayment determinations made on or after the date of the enactment of this Act and to any other overpaid amounts that have not been recovered as of such date.
Connectionstraces to 1
Traces to 1 document
U.S. Code
1 reference not yet in our index
- 42 USC 1683(b)
Citation graph
cites case law
Sec. 104
CLARIFYING OVERPAYMENT LIABILITY FOR CHILD IN CHILD WELFARE SYSTEM
Cite42 USC 1683(b)
Cites 2Cited by 0 across 0 sources