---
kind: "range"
citation: "20 C.F.R. §§ 408.901–408.903"
title: "20"
from: "408.901"
to: "408.903"
count: 3
url: "https://uscodex.org/cfr/20/408.901..408.903"
---

# §408.901. What is an underpayment?

- (a) An underpayment can occur only with respect to a period for which you filed an application for benefits and met all conditions of eligibility for benefits.
- (b) **An underpayment is—**
  - (1) Nonpayment, where payment was due but was not made; or
  - (2) **Payment of less than the amount due for a period.**
- (c) For purposes of this section, payment has been made when certified by the Social Security Administration to the Department of the Treasury. Payment is not considered to have been made where payment has not been received by the designated payee, or where payment was returned.

# §408.902. What is an overpayment?

- (a) As used in this subpart, the term overpayment means payment of more than the amount due for any period. For purposes of this section, payment has been made when certified by the Social Security Administration to the Department of the Treasury. Payment is not considered to have been made where payment has not been received by the designated payee, or where payment was returned.
- (b) As used in this subpart, the term pandemic period for the purposes of the waiver authority in [§ 408.910](/cfr/20/408.910.md) refers exclusively to the period of time beginning on March 1, 2020, and ending on September 30, 2020.

# §408.903. How do we determine the amount of an underpayment or overpayment?

- (a) **General.** The amount of an underpayment or overpayment is the difference between the amount you are paid and the amount you are due for a given period. An underpayment or overpayment period begins with the first month for which there is a difference between the amount paid and the amount actually due for that month. The period ends with the month in which we make the initial determination of the overpayment or underpayment. With respect to the period established, there can be no underpayment to you if we paid you more than the correct amount of SVB, even though we waived recovery of any overpayment to you for that period under the provisions of [§§ 408.910 through 408.914](/cfr/20/408.910..408.914.md). A later initial determination of an overpayment will require no change with respect to a prior determination of overpayment or to the period relating to such prior determination to the extent that the basis of the prior overpayment remains the same.
- (b) **Limited delay in payment of an underpayment.** Where we have detected a potential overpayment but we have not made a determination of the overpayment (see [§ 408.918(a)](/cfr/20/408.918.md?p=a)), we will not delay making a determination of underpayment and paying you unless we can make an overpayment determination before the close of the month following the month in which we discovered the potential underpayment.
- (c) **Delay in payment of underpayment to ineligible individual.** If you are no longer entitled to SVB, we will delay a determination and payment of an underpayment that is otherwise due you so that we can resolve all overpayments, incorrect payments, and adjustments.