---
kind: "section"
citation: "20 C.F.R. § 10.18"
title: "20"
number: "10.18"
heading: "Can a beneficiary who is incarcerated based on a felony conviction still receive benefits?"
url: "https://uscodex.org/cfr/20/10.18"
---

# §10.18. Can a beneficiary who is incarcerated based on a felony conviction still receive benefits?

- (a) Whenever a beneficiary is incarcerated in a State or Federal jail, prison, penal institution or other correctional facility due to a State or Federal felony conviction, he or she forfeits all rights to compensation benefits during the period of incarceration. A beneficiary's right to compensation benefits for the period of his or her incarceration is not restored after such incarceration ends, even though payment of compensation benefits may resume. A beneficiary has an affirmative duty to provide notice of any conviction and imprisonment. The employing agency shall provide OWCP any information or documentation they may have concerning such matters.
- (b) If the beneficiary has eligible dependents, OWCP will pay compensation to such dependents at a reduced rate during the period of his or her incarceration, by applying the percentages of [5 U.S.C. 8133(a)(1) through (5)](/usc/5/8133.md?p=a-1..a-5) to the beneficiary's gross current entitlement rather than to the beneficiary's monthly pay.
- (c) If OWCP's decision on entitlement is pending when the period of incarceration begins, and compensation is due for a period of time prior to such incarceration, payment for that period will only be made to the beneficiary following his or her release.

## Notes

### Authority

Authority: 5 U.S.C. 301, 8102a, 8103, 8145 and 8149; 31 U.S.C. 3716 and 3717; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary of Labor's Order No. 10-2009, 74 FR 218; Pub. L. 117-263.

### Source

Source: 76 FR 37903, June 28, 2011, unless otherwise noted.