[Federal Register Volume 60, Number 20 (Tuesday, January 31, 1995)]
[Notices]
[Pages 5941-5942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2252]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Social Security Administration
Revised Redelegations of Authorities for Disposition of
Supplemental Security Income Overpayments
Section 1631(b) of the Social Security Act (the Act), provides the
Secretary of Health and Human Services (the Secretary) with authority
to approve or deny waiver of adjustment or recovery of those
Supplemental Security Income (SSI) benefit payments made under the
provision of title XVI of the Act found to be incorrect. This applies
to situations where the overpaid individual is without fault and
recovery of the overpayment would defeat the purposes of title XVI, or
would be against equity and good conscience, or would, because of the
small amount involved, impede efficient or effective administration of
title XVI. The Secretary has delegated her authority under section
1631(b) of the Act to the Commissioner of Social Security (the
Commissioner), with authority to redelegate (38 FR 15648, dated June
14, 1973).
Under 31 U.S.C. 3711, the Secretary, or her designee, is authorized
to compromise, suspend or terminate collection action on certain debts
owned to the Department of Health and Human Services (HHS). To take
such action, appropriate HHS regulations must be promulgated in
accordance with standards provided in Joint Regulations of the
Department of Justice (DOJ) and the General Accounting Office (4 CFR
parts 101-105). Such regulations for HHS are published in the Code of
Federal Regulations at 45 CFR Part 30. The Secretary's authority is
restricted to those debt claims which involve compromise, suspension or
termination of collection action regarding amounts of $100,000 or less,
exclusive of interest. In addition, the Secretary's authority does not
apply to cases involving fraud, presentation of a false claim,
misrepresentation on the part of the debtor or any other party having
an interest in the claim, or conduct in violation of antitrust laws.
Claims which cannot be collected, suspended, compromised or
terminated, or which amount to more than $100,000, exclusive of
interest, are referred to DOJ for disposition. Cases involving fraud,
false claims, misrepresentation, or violation of antitrust laws are
also handled by DOJ.
The Secretary has delegated her authority under 31 U.S.C. 3711 to
the Commissioner, with authority to redelegate (33 FR 5836 and 5843,
dated April 16, 1968), insofar as that authority relates to the mission
of the Social Security Administration (SSA).
The above authorities to approve or deny waiver of adjustment or
recovery of SSI overpayments, and to compromise, suspend or terminate
collection action on these overpayments, were redelegated by the
Commissioner to other SSA positions on November 29, 1988. These
redelegations were effective upon publication in the Federal Register,
which occurred on December 14, 1988 (53 FR 50300-50301). Notice is
hereby given that the Commissioner has approved revised redelegations
of these authorities, as follows:
Authorities
1. Authority to approve or deny waiver of adjustment or recovery of
incorrect SSI benefit payments, under section 1631(b) of the Act.
2. Authority to compromise, suspend or terminate collection action
on debts owed to SSA as a result of SSI overpayments.
[[Page 5942]]
------------------------------------------------------------------------
Delegates Scope of authority
------------------------------------------------------------------------
a. Deputy Commissioner for Operations. a.-i. The incumbents of
b. Deputy Commissioner for Programs. these positions may
c. Associate Commissioner and Deputy exercise authorities 1. and
Associate Commissioner for Retirement and 2. on SSI overpayment cases
Survivors Insurance and Supplemental within the jurisdiction of
Security Income Policy. their respective
d. Regional Commissioners and Deputy components, to the extent
Regional Commissioners. permitted by their
e. Assistant Regional Commissioners and particular functional
Deputy Assistant Regional Commissioners responsibilities, as
for Program Operations and Systems. specified in their position
f. District Managers, Assistant District descriptions or other
Managers, Branch Managers, Resident pertinent issuances.
Representatives, Operations Supervisors,
Claims Representatives, Field
Representatives, Service Representatives
and Service Representative/Data Review
Technicians.
g. Teleservice Representatives in
Teleservice Centers.
h. Debt Specialists and Chiefs, Debt
Management Sections, Program Service
Centers.
i. All positions in the direct line of
management above the positions specified
in items f., g. and h. above.
------------------------------------------------------------------------
Conditions
(1) Further redelegations are not authorized.
(2) These redelegations do not apply to the handling of any debt
claim where there is an indication of fraud, the presentation of a
false claim, misrepresentation on the part of the debtor or any other
party having an interest in the claim, or conduct in violation of
antitrust laws. Such cases are handled by DOJ.
(3) Decisions to compromise, suspend or terminate collection
efforts on cases involving amounts exceeding $20,000 up to $100,000,
exclusive of interest, are made by the Commissioner, the Deputy
Commissioner for Operations or the Assistant Regional Commissioners for
Program Operations and Systems, while those over $100,000 are made by
DOJ.
(4) These redelegations must be exercised in accordance with all
pertinent provisions of law, regulations, policies, procedures,
operating instructions and other requirements.
The above revised redelegations are effective on the date they are
published in the Federal Register and replace those previous
redelegations approved by the Commissioner on November 29, 1988 and
published in the Federal Register on December 14, 1988 (53 FR 50300-
50301). I affirm and ratify any actions by the above delegates which
may constitute the exercise of any of the subject authorities before
the date these revised redelegations are published in the Federal
Register.
Shirley S. Chater,
Commissioner of Social Security.
[FR Doc. 95-2252 Filed 1-30-95; 8:45 am]
BILLING CODE 4190-29-M
