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Notes

20 C.F.R. §§ 416.722–416.732

6 sections in range

§416.722. Circumstances under which we make a penalty deduction.

20 C.F.R. § 416.722

A penalty deduction is made from your benefits if—
(a)
You fail to make a required report on time (see §§ 416.708 and 416.714);
(b)
We must reduce, suspend, or terminate your benefits because of the event you have not reported;
(c)
You received and accepted an SSI benefit for the penalty period (see §§ 416.724 through 416.728 for penalty period definitions); and
(d)
You do not have good cause for not reporting on time (see § 416.732).
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 902(a)(5), 1320a-8a, 1320e-3, 1382, 1382a, 1382b, 1382c, and 1383; sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note); sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

Source

Source: 46 FR 5873, Jan. 21, 1981, unless otherwise noted.

§416.724. Amounts of penalty deductions.

20 C.F.R. § 416.724

(a)
Amounts deducted. If we find that we must impose a penalty deduction, you will lose from your SSI benefits a total amount of—
(1)
$25 for a report overdue in the first penalty period;
(2)
$50 for a report overdue in the second penalty period; and
(3)
$100 for a report overdue in the third (or any following) penalty period.
(b)
Limit on number of penalties. Even though more than one required report is overdue from you at the end of a penalty period, we will limit the number of penalty deductions imposed to one penalty deduction for any one penalty period.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 902(a)(5), 1320a-8a, 1320e-3, 1382, 1382a, 1382b, 1382c, and 1383; sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note); sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

Source

Source: 46 FR 5873, Jan. 21, 1981, unless otherwise noted.

§416.726. Penalty period: First failure to report.

20 C.F.R. § 416.726

(a)
First penalty period. The first penalty period begins on the first day of the month you apply for SSI benefits and ends on the day we first learn that you should have made a required report, but did not do so within 10 days after the close of the month in which the event happened. There may be more than one required report overdue at the end of the first penalty period, but we will impose no more than one penalty deduction for the period.
(b)
Extension of first penalty period. If you have good cause for not making a report on time (see § 416.732), we will extend the first penalty period to the day when we learn that you should have made another required report, but did not do so within 10 days after the close of the month in which the event happened. There may be more than one required report overdue at the end of the extended first penalty period, but we will impose no more than one penalty deduction for the extended period.
Notes, amendments, and revision history

Amendments

[46 FR 5873, Jan. 21, 1981, as amended at 50 FR 48573, Nov. 26, 1985]

Authority

Authority: 42 U.S.C. 902(a)(5), 1320a-8a, 1320e-3, 1382, 1382a, 1382b, 1382c, and 1383; sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note); sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

Source

Source: 46 FR 5873, Jan. 21, 1981, unless otherwise noted.

Amendments

[46 FR 5873, Jan. 21, 1981, as amended at 50 FR 48573, Nov. 26, 1985]

§416.728. Penalty period: Second failure to report.

20 C.F.R. § 416.728

(a)
Second penalty period. The second penalty period begins on the day after the first penalty period ends. The second penalty period ends on the day we first learn that you should have made a required report, but did not do so within 10 days after the close of the month in which the event happened. (The event may have happened during the first penalty period, with the reporting due date in the second penalty period. The due date and the failure to report on time are the important factors in establishing a penalty period.) There may be more than one required report overdue at the end of the second penalty period, but we will impose no more than one penalty deduction for the period.
(b)
Extension of second penalty period. If you have good cause for not making a report on time (see § 416.732), we will extend the second penalty period to the day when we learn that you should have made another required report, but did not do so within 10 days after the close of the month in which the event happened. There may be more than one required report overdue at the end of the extended second penalty period, but we will impose no more than one penalty deduction for the extended period.
Notes, amendments, and revision history

Amendments

[46 FR 5873, Jan. 21, 1981, as amended at 50 FR 48573, Nov. 26, 1985]

Authority

Authority: 42 U.S.C. 902(a)(5), 1320a-8a, 1320e-3, 1382, 1382a, 1382b, 1382c, and 1383; sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note); sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

Source

Source: 46 FR 5873, Jan. 21, 1981, unless otherwise noted.

Amendments

[46 FR 5873, Jan. 21, 1981, as amended at 50 FR 48573, Nov. 26, 1985]

§416.730. Penalty period: Three or more failures to report.

20 C.F.R. § 416.730

(a)
Third (or a following) penalty period. A third (or a following) penalty period begins the day after the last penalty period ends. This penalty period ends on the day we first learn that you should have made a required report during the penalty period, but did not do so within 10 days after the close of the month in which the event happened. (The event may have happened during an earlier penalty period, with the reporting due date in the third (or a following) penalty period. The due date and the failure to report on time are the important factors in establishing a penalty period.) There may be more than one required report overdue at the end of a penalty period, but we will impose no more than one penalty deduction for any one penalty period.
(b)
Extension of third (or a following) penalty period. Just as with the first and second penalty periods, if you have good cause for not making a report on time during the third (or a following) penalty period (see § 416.732), we will extend the penalty period to the day when we learn that you should have made another required report, but did not do so within 10 days after the close of the month in which the event happened. There may be more than one required report overdue at the end of an extended penalty period, but we will impose no more than one penalty deduction for any one extended penalty period.
Notes, amendments, and revision history

Amendments

[46 FR 5873, Jan. 21, 1981, as amended at 50 FR 48573, Nov. 26, 1985]

Authority

Authority: 42 U.S.C. 902(a)(5), 1320a-8a, 1320e-3, 1382, 1382a, 1382b, 1382c, and 1383; sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note); sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

Source

Source: 46 FR 5873, Jan. 21, 1981, unless otherwise noted.

Amendments

[46 FR 5873, Jan. 21, 1981, as amended at 50 FR 48573, Nov. 26, 1985]

§416.732. No penalty deduction if you have good cause for failure to report timely.

20 C.F.R. § 416.732

(a)
We will find that you have good cause for failure to report timely and we will not impose a penalty deduction, if—
(1)
You are “without fault” as defined in § 416.552; or
(2)
Your failure or delay in reporting is not willful. “Not willful” means that—
(i)
You did not have full knowledge of the existence of your obligation to make a required report; or
(ii)
You did not intentionally, knowingly, and purposely fail to make a required report.
(b)
In determining whether you have good cause for failure to report timely, we will take into account any physical, mental, educational, or linguistic limitations (including any lack of facility with the English language) you may have.
Notes, amendments, and revision history

Amendments

[59 FR 1636, Jan. 12, 1994]

Authority

Authority: 42 U.S.C. 902(a)(5), 1320a-8a, 1320e-3, 1382, 1382a, 1382b, 1382c, and 1383; sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note); sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

Source

Source: 46 FR 5873, Jan. 21, 1981, unless otherwise noted.

Amendments

[59 FR 1636, Jan. 12, 1994]