 |
Code of Federal Regulations (Last Updated: May 6, 2024) |
 |
Title 20 - Employees' Benefits |
|
|
Chapter III - Social Security Administration |
|
|
Part 408 - Special Benefits for Certain World War Ii Veterans |
| Subpart A - Introduction, General Provision and Definitions |
| § 408.101 - What is this part about? |
| § 408.105 - Purpose and administration of the program. |
| § 408.110 - General definitions and use of terms. |
| § 408.120 - Periods of limitations ending on Federal nonworkdays. |
| Subpart B - SVB Qualification and Entitlement |
| § 408.201 - What is this subpart about? |
| § 408.202 - How do you qualify for SVB? |
| § 408.204 - What conditions will prevent you from qualifying for SVB or being entitled to receive SVB payments? |
| § 408.206 - What happens when you apply for SVB? |
| § 408.208 - What happens if you establish residence outside the United States within 4 calendar months? |
| § 408.210 - What happens if you do not establish residence outside the United States within 4 calendar months? |
| § 408.212 - What happens if you are a qualified individual already residing outside the United States? |
| Other Benefit Income |
| § 408.220 - Do you have other benefit income? |
| § 408.222 - How does your other benefit income affect your SVB? |
| § 408.224 - How do we determine the monthly amount of your other benefit income? |
| § 408.226 - What happens if you begin receiving other benefit income after you become entitled to SVB? |
| SSI Eligibility |
| § 408.218 - Do you meet the SSI eligibility requirements? |
| Military Service |
| § 408.216 - Are you a World War II veteran? |
| Age |
| § 408.214 - Are you age 65? |
| Residence Outside the United States |
| § 408.228 - When do we consider you to be residing outside the United States? |
| § 408.230 - When must you begin residing outside the United States? |
| § 408.232 - When do you lose your foreign resident status? |
| § 408.234 - Can you continue to receive SVB payments if you stay in the United States for more than 1 full calendar month? |
| Subpart C - Filing Applications |
| Deemed Filing Date Based on Misinformation |
| § 408.351 - What happens if we give you misinformation about filing an application? |
| Filing Date Based on Written Statement or Oral Inquiry |
| § 408.340 - When will we use a written statement as your filing date? |
| § 408.345 - When will we use the date of an oral inquiry as your application filing date? |
| Filing Your Application |
| § 408.301 - What is this subpart about? |
| § 408.305 - Why do you need to file an application to receive benefits? |
| § 408.310 - What makes an application a claim for SVB? |
| § 408.315 - Who may sign your application? |
| § 408.320 - What evidence shows that a person has authority to sign an application for you? |
| § 408.325 - When is your application considered filed? |
| § 408.330 - How long will your application remain in effect? |
| Withdrawal of Application |
| § 408.355 - Can you withdraw your application? |
| § 408.360 - Can you cancel your request to withdraw your application? |
| Subpart D - Evidence Requirements |
| Age |
| § 408.410 - When do you need to give us evidence of your age? |
| § 408.412 - What kinds of evidence of age do you need to give us? |
| § 408.413 - How do we evaluate the evidence of age you give us? |
| Residence |
| § 408.435 - How do you prove that you are residing outside the United States? |
| § 408.437 - How do you prove that you had good cause for staying in the United States for more than 1 full calendar month? |
| SSI Eligibility |
| § 408.425 - How do we establish your eligibility for SSI? |
| General Information |
| § 408.401 - What is this subpart about? |
| § 408.402 - When do you need to give us evidence? |
| § 408.403 - Where should you give us your evidence? |
| § 408.404 - What happens if you fail to give us the evidence we ask for? |
| § 408.405 - When do we require original records or copies as evidence? |
| § 408.406 - How do we evaluate the evidence you give us? |
| Other Benefit Income |
| § 408.430 - When do you need to give us evidence of your other benefit income? |
| § 408.432 - What kind of evidence of your other benefit income do you need to give us? |
| Military Service |
| § 408.420 - What evidence of World War II military service do you need to give us? |
| Subpart E - Amount and Payment of Benefits |
| § 408.501 - What is this subpart about? |
| § 408.505 - How do we determine the amount of your SVB payment? |
| § 408.510 - How do we reduce your SVB when you receive other benefit income? |
| § 408.515 - When do we make SVB payments? |
| Subpart F - Representative Payment |
| § 408.601 - What is this subpart about? |
| § 408.610 - When will we send your SVB payments to a representative payee? |
| § 408.611 - What happens to your monthly benefits while we are finding a suitable representative payee for you? |
| § 408.615 - What information do we consider in determining whether we will pay your benefits to a representative payee? |
| § 408.618 - xxx |
| § 408.620 - What information do we consider in selecting the proper representative payee for you? |
| § 408.621 - What is our order of preference in selecting a representative payee for you? |
| § 408.622 - Who may not serve as a representative payee? |
| § 408.624 - How do we investigate a representative payee applicant? |
| § 408.625 - What information must a representative payee report to us? |
| § 408.626 - xxx |
| § 408.630 - How will we notify you when we decide you need a representative payee? |
| § 408.635 - What are the responsibilities of your representative payee? |
| § 408.640 - How must your representative payee use your benefits? |
| § 408.641 - Who is liable if your representative payee misuses your benefits? |
| § 408.645 - What must your representative payee do with unused benefits? |
| § 408.650 - When will we select a new representative payee for you? |
| § 408.655 - When will we stop making your payments to a representative payee? |
| § 408.660 - What happens to your accumulated funds when your representative payee changes? |
| § 408.665 - How does your representative payee account for the use of your SVB payments? |
| Subpart G - Reporting Requirements |
| § 408.701 - What is this subpart about? |
| § 408.704 - Who must make reports? |
| § 408.708 - What events must you report to us? |
| § 408.710 - What must your report include? |
| § 408.712 - How should you make your report? |
| § 408.714 - When are reports due? |
| Subpart H - Suspensions and Terminations |
| § 408.801 - What is this subpart about? |
| Termination |
| § 408.814 - Can you request termination of your SVB entitlement? |
| § 408.816 - When does SVB entitlement end due to death? |
| § 408.818 - When does SVB entitlement terminate if your benefit payments have been in suspense for 12 consecutive months? |
| § 408.820 - Will we send you a notice of intended action affecting your SVB payment status? |
| Suspension |
| § 408.802 - When will we suspend your SVB payments? |
| § 408.803 - What happens to your SVB payments if you fail to comply with our request for information? |
| § 408.806 - What happens to your SVB payments if you are no longer residing outside the United States? |
| § 408.808 - What happens to your SVB payments if you begin receiving additional benefit income? |
| § 408.809 - What happens to your SVB payments if you are removed (including deported) from the United States? |
| § 408.810 - What happens to your SVB payments if you are fleeing to avoid criminal prosecution or custody or confinement after conviction, or because you violate a condition of probation or parole? |
| § 408.812 - What happens to your SVB payments if you are not a citizen or national of the United States and you begin residing in a Treasury-restricted country? |
| Subpart I - Underpayments and Overpayments |
| Tax Refund Offset |
| § 408.940 - When will we refer an SVB overpayment to the Department of the Treasury for tax refund offset? |
| § 408.941 - Will we notify you before we refer an SVB overpayment for tax refund offset? |
| § 408.942 - Will you have a chance to present evidence showing that the overpayment is not past due or is not legally enforceable? |
| § 408.943 - What happens after we make our determination on your request for review or your request for waiver? |
| § 408.944 - How can you review our records related to an SVB overpayment? |
| § 408.945 - When will we suspend tax refund offset? |
| § 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 |
| § 408.950 - Will we accept a compromise settlement of an overpayment debt or suspend or terminate collection of an overpayment? |
| Notices |
| § 408.918 - What notices will you receive if you are overpaid or underpaid? |
| Adjustment of SVB |
| § 408.922 - When will we adjust your SVB payments to recover an overpayment? |
| § 408.923 - Is there a limit on the amount we will withhold from your SVB payments to recover an overpayment? |
| Refund of Overpayments |
| § 408.920 - When will we seek refund of an SVB overpayment? |
| Adjustment of Title Ii Benefits |
| § 408.930 - Are title II and title XVI benefits subject to adjustment to recover title VIII overpayments? |
| § 408.931 - How much will we withhold from your title II and title XVI benefits to recover a title VIII overpayment? |
| § 408.932 - Will you receive notice of our intention to apply cross-program recovery? |
| § 408.933 - When will we begin cross-program recovery from your current monthly benefits? |
| Waiver of Recovery of SVB Overpayments |
| § 408.910 - When will we waive recovery of an SVB overpayment? |
| § 408.911 - What happens when we waive recovery of an SVB overpayment? |
| § 408.912 - When are you without fault regarding an overpayment? |
| § 408.913 - When would overpayment recovery defeat the purpose of the title VIII program? |
| § 408.914 - When would overpayment recovery be against equity and good conscience? |
| General Rules |
| § 408.900 - What is this subpart about? |
| § 408.901 - What is an underpayment? |
| § 408.902 - What is an overpayment? |
| § 408.903 - How do we determine the amount of an underpayment or overpayment? |
| § 408.904 - How will you receive an underpayment? |
| § 408.905 - Will we withhold or adjust an underpayment to reduce an overpayment if that overpayment occurred in a different period? |
| Subpart J - Determinations and the Administrative Review Process |
| Expedited Appeals Process |
| § 408.1030 - When can you use the expedited appeals process? |
| Court Remand Cases |
| § 408.1060 - What happens if a Federal Court remands your case to the Commissioner? |
| Reopening and Revising Determinations and Decisions |
| § 408.1070 - When will we reopen a final determination? |
| Reconsideration |
| § 408.1007 - What is reconsideration? |
| § 408.1009 - How do you request reconsideration? |
| § 408.1011 - How do we determine whether you had good cause for missing the deadline to request review? |
| § 408.1013 - What are the methods for reconsideration? |
| § 408.1014 - What procedures apply if you request reconsideration of an initial determination on your application for SVB? |
| § 408.1015 - What procedures apply if you request reconsideration of an initial determination that results in suspension, reduction, or termination of your SVB? |
| § 408.1016 - What happens if you request a conference? |
| § 408.1020 - How do we make our reconsidered determination? |
| § 408.1021 - How does the reconsidered determination affect you? |
| § 408.1022 - How will we notify you of our reconsidered determination? |
| Appeals Council Review |
| § 408.1050 - When can you request Appeals Council review of an ALJ hearing decision or dismissal of a hearing request? |
| Administrative Law Judge Hearing Procedures |
| § 408.1045 - What procedures apply if you request an ALJ hearing? |
| Hearing Before an Administrative Law Judge |
| § 408.1040 - When can you request a hearing before an administrative law judge (ALJ)? |
| Introduction, Definitions, and Initial Determinations |
| § 408.1000 - What is this subpart about? |
| § 408.1001 - Definitions. |
| § 408.1002 - What is an initial determination? |
| § 408.1003 - Which administrative actions are initial determinations? |
| § 408.1004 - Which administrative actions are not initial determinations? |
| § 408.1005 - Will we mail you a notice of the initial determination? |
| § 408.1006 - What is the effect of an initial determination? |
| Subpart K - Representation of Parties |
| § 408.1101 - Can you appoint someone to represent you? |
| Subpart L - Federal Administration of State Recognition Payments |
| § 408.1201 - What are State recognition payments? |
| § 408.1205 - How can a State have SSA administer its State recognition payment program? |
| § 408.1210 - What are the essential elements of an administration agreement? |
| § 408.1215 - How do you establish eligibility for Federally administered State recognition payments? |
| § 408.1220 - How do we pay Federally administered State recognition payments? |
| § 408.1225 - What happens if you receive an overpayment? |
| § 408.1226 - What happens if you are underpaid? |
| § 408.1230 - Can you waive State recognition payments? |
| § 408.1235 - How does the State transfer funds to SSA to administer its recognition payment program? |