---
kind: "section"
citation: "20 C.F.R. § 404.441"
title: "20"
number: "404.441"
heading: "Partial monthly benefits; insured individual and another person entitled (or deemed entitled) on the same earnings record both have excess earnings."
url: "https://uscodex.org/cfr/20/404.441"
---

# §404.441. Partial monthly benefits; insured individual and another person entitled (or deemed entitled) on the same earnings record both have excess earnings.


Where both the insured individual and another person entitled (or deemed entitled) on the same earnings record have excess earnings (as described in [§ 404.430](/cfr/20/404.430.md)), their excess earnings are charged, and their partial monthly benefit is apportioned, as follows:


## Notes

### Amendments

[48 FR 46149, Oct. 11, 1983]

### 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

[48 FR 46149, Oct. 11, 1983]