---
kind: "section"
citation: "20 C.F.R. § 404.404"
title: "20"
number: "404.404"
heading: "How reduction for maximum affects insured individual and other persons entitled on his earnings record."
url: "https://uscodex.org/cfr/20/404.404"
---

# §404.404. How reduction for maximum affects insured individual and other persons entitled on his earnings record.


If a reduction of monthly benefits is required under the provisions of [§ 404.403](/cfr/20/404.403.md), the monthly benefit amount of each of the persons entitled to a monthly benefits on the same earnings record (with the exception of the individual entitled to old-age or disability insurance benefits) is proportionately reduced so that the total benefits that can be paid in 1 month (including an amount equal to the primary insurance amount of the old-age or disability insurance beneficiary, when applicable) does not exceed the maximum family benefit (except as provided in [§ 404.405](/cfr/20/404.405.md) where various savings clause provisions are described).


## Notes

### Authority

Authority: Secs. 202, 203, 204(a) and (e), 205(a) and (c), 216(l), 222(c), 223(e), 224, 225, 702(a)(5), and 1129A of the Social Security Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) and (c), 416(l), 422(c), 423(e), 424a, 425, 902(a)(5), and 1320a-8a); 48 U.S.C. 1801.

### Source

Source: 32 FR 19159, Dec. 20, 1967, unless otherwise noted.