---
kind: "section"
citation: "20 C.F.R. § 404.436"
title: "20"
number: "404.436"
heading: "Excess earnings; months to which excess earnings cannot be charged because individual is deemed not entitled to benefits."
url: "https://uscodex.org/cfr/20/404.436"
---

# §404.436. Excess earnings; months to which excess earnings cannot be charged because individual is deemed not entitled to benefits.


Under the annual earnings test, excess earnings (as described in [§ 404.430](/cfr/20/404.430.md)) are not charged to any month in which an individual is deemed not entitled to a benefit. A beneficiary (i.e., the insured individual or any person entitled or deemed entitled on the individual's earnings record) is deemed not entitled to a benefit for a month if he is subject to a deduction for that month because of:

- (a) Engaging in noncovered remunerative activity outside the United States (as described in §§ [404.417](/cfr/20/404.417.md) and [404.418](/cfr/20/404.418.md)); or
- (b) Failure to have a child in his or her care (as described in [§ 404.421](/cfr/20/404.421.md)).

## Notes

### Amendments

[32 FR 19159, Dec. 20, 1967, as amended at 38 FR 9429, Apr. 16, 1973; 38 FR 17716, July 3, 1973; 43 FR 8133, Feb. 28, 1978; 68 FR 40123, July 7, 2003]

### 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.

### Amendments

[32 FR 19159, Dec. 20, 1967, as amended at 38 FR 9429, Apr. 16, 1973; 38 FR 17716, July 3, 1973; 43 FR 8133, Feb. 28, 1978; 68 FR 40123, July 7, 2003]