§ 1320a–8a. Administrative procedure for imposing penalties for false or misleading statements
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Any person who— makes, or causes to be made, a statement or representation of a material fact, for use in determining any initial or continuing right to or the amount of monthly insurance benefits under subchapter II or benefits or payments under subchapter XVI that the person knows or should know is false or misleading, makes such a statement or representation for such use with knowing disregard for the truth, or omits from a statement or representation for such use, or otherwise withholds disclosure of, a fact which the person knows or should know is material to the determination of any initial or continuing right to or the amount of monthly insurance benefits under subchapter II or benefits or payments under subchapter XVI, if the person knows, or should know, that the statement or representation with such omission is false or misleading or that the withholding of such disclosure is misleading, shall be subject to, in addition to any other penalties that may be prescribed by law, a penalty described in subsection
(b)to be imposed by the Commissioner of Social Security. The penalty described in this subsection is— nonpayment of benefits under subchapter II that would otherwise be payable to the person; and ineligibility for cash benefits under subchapter XVI, for each month that begins during the applicable period described in subsection (c). The duration of the applicable period, with respect to a determination by the Commissioner under subsection
(a)that a person has engaged in conduct described in subsection (a), shall be— six consecutive months, in the case of the first such determination with respect to the person; twelve consecutive months, in the case of the second such determination with respect to the person; and twenty-four consecutive months, in the case of the third or subsequent such determination with respect to the person. A person subject to a period of nonpayment of benefits under subchapter II or ineligibility for subchapter XVI benefits by reason of this section nevertheless shall be considered to be eligible for and receiving such benefits, to the extent that the person would be receiving or eligible for such benefits but for the imposition of the penalty, for purposes of— determination of the eligibility of the person for benefits under subchapters XVIII and XIX; and determination of the eligibility or amount of benefits payable under subchapter II or XVI to another person. In this section, the term “benefits under subchapter VIII or XVI” includes State supplementary payments made by the Commissioner pursuant to an agreement under section 1010a or 1382e(a) of this title or section 212(b) of Public Law 93–66 , as the case may be. The Commissioner of Social Security shall consult with the Inspector General of the Social Security Administration regarding initiating actions under this section. ( Aug. 14, 1935, ch. 531 , title XI, § 1129A, as added Pub. L. 106–169, title II, § 207(a) , Dec. 14, 1999 , 113 Stat. 1837 ; amended Pub. L. 106–554, § 1(a)(1) [title V, § 518(b)(2)] , Dec. 21, 2000 , 114 Stat. 2763 , 2763A–74; Pub. L. 108–203, title II, § 201(a)(2) , Mar. 2, 2004 , 118 Stat. 508 .)
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statutes-at-large
- Public Law 106–554Making consolidated appropriations for the fiscal year ending September 30, 2001, and for other purposes
- Public Law 111–5Making supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization, for the fiscal year ending September 30, 2009, and for other purposes
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- Pub. L. 93-66
- Pub. L. 106-169
- 113 Stat. 1837
- Pub. L. 106-554
- 114 Stat. 2763
- Pub. L. 108-203
- 118 Stat. 508
- 113 Stat. 1838
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§ 1320a–8a
Administrative procedure for imposing penalties for false or misleading statements
Fed. Reg.×7
Stat. Comp.×4
Stat.×3
Pub. L.Pub. L. 93-66
Pub. L.Pub. L. 106-169
Stat.113 Stat. 1837
Pub. L.Pub. L. 106-554
Stat.114 Stat. 2763
Cites 9 · showing 6Cited by 14 across 3 sources