---
kind: "section"
citation: "42 U.S.C. § 1008"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1008"
heading: "Overpayments and underpayments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1008"
units:
  - "Chapter 7 — Social Security"
  - "Subchapter VIII — Special Benefits for Certain World War Ii Veterans"
---

# §1008. Overpayments and underpayments

- (a) **In general—** Whenever the Commissioner of [Social](/usc/42/1397j.md?p=20) Security finds that more or less than the correct amount of payment has been made to any [person](/usc/42/1301.md?p=a-3) under this subchapter, proper adjustment or recovery shall be made, as follows:
  - (1) With respect to payment to a [person](/usc/42/1301.md?p=a-3) of more than the correct amount, the Commissioner of [Social](/usc/42/1397j.md?p=20) Security shall decrease any payment under this subchapter to which the overpaid [person](/usc/42/1301.md?p=a-3) (if a qualified individual) is entitled, or shall require the overpaid [person](/usc/42/1301.md?p=a-3) or his or her estate to refund the amount in excess of the correct amount, or, if recovery is not obtained under these two methods, shall seek or pursue recovery by means of reduction in tax refunds based on notice to the [Secretary](/usc/42/1301.md?p=a-6) of the Treasury, as authorized under [section 3720A of title 31](/usc/31/3720A.md).
  - (2) With respect to payment of less than the correct amount to a qualified individual who, at the time the Commissioner of [Social](/usc/42/1397j.md?p=20) Security is prepared to take action with respect to the underpayment—
    - (A) is living, the Commissioner of [Social](/usc/42/1397j.md?p=20) Security shall make payment to the qualified individual (or the qualified individual’s representative payee designated under [section 1007 of this title](/usc/42/1007.md)) of the balance of the amount due the underpaid qualified individual; or
    - (B) is deceased, the balance of the amount due shall revert to the general fund of the Treasury.
- (b) **Waiver of recovery of overpayment—** In any case in which more than the correct amount of payment has been made, there shall be no adjustment of payments to, or recovery by the [United States](/usc/42/1012.md?p=5) from, any [person](/usc/42/1301.md?p=a-3) who is without fault if the Commissioner of [Social](/usc/42/1397j.md?p=20) Security determines that the adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience.
- (c) **Limited immunity for disbursing officers—** A disbursing officer may not be held liable for any amount paid by the officer if the adjustment or recovery of the amount is waived under [subsection (b)](#b), or adjustment under [subsection (a)](#a) is not completed before the death of the qualified individual against whose benefits deductions are authorized.
- (d) **Authorized collection practices—**
  - (1) **In general—** With respect to any delinquent amount, the Commissioner of [Social](/usc/42/1397j.md?p=20) Security may use the collection [practices](/usc/42/17061.md?p=19) described in sections [3711(e)](/usc/31/3711.md?p=e), [3716](/usc/31/3716.md), and [3718](/usc/31/3718.md) of title 31, as in effect on October 1, 1994.
  - (2) **Definition—** For purposes of [paragraph (1)](#d-1), the term “delinquent amount” means an amount—
    - (A) in excess of the correct amount of the payment under this subchapter; and
    - (B) determined by the Commissioner of [Social](/usc/42/1397j.md?p=20) Security to be otherwise unrecoverable under this section from a [person](/usc/42/1301.md?p=a-3) who is not a qualified individual under this subchapter.
- (e) **Cross-program recovery of overpayments—** For provisions relating to the cross-program recovery of overpayments made under programs administered by the Commissioner of [Social](/usc/42/1397j.md?p=20) Security, see [section 1320b–17 of this title](/usc/42/1320b–17.md).

## Source credit

(Aug. 14, 1935, ch. 531, title VIII, § 808, as added Pub. L. 106–169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1850; amended Pub. L. 108–203, title II, § 210(b)(2), Mar. 2, 2004, 118 Stat. 517.)

## Notes

### Editorial Notes

### Prior Provisions

For prior provisions, see note set out under section 1001 of this title.

### Amendments

2004—Subsec. (a)(1). Pub. L. 108–203, § 210(b)(2)(A), substituted “any payment” for “any payment—”, struck out “(A)” before “under this subchapter”, substituted “section 3720A of title 31.” for “section 3720A of title 31; or”, and struck out subpar. (B) which read as follows: “under subchapter II of this chapter to recover the amount in excess of the correct amount, if the person is not currently eligible for payment under this subchapter.”

Subsecs. (b) to (d). Pub. L. 108–203, § 210(b)(2)(B), redesignated subsecs. (c) to (e) as (b) to (d), respectively, and struck out heading and text of subsec. (b). Text read as follows: “In any case in which the Commissioner of Social Security takes action in accordance with subsection (a)(1)(B) of this section to recover an amount incorrectly paid to an individual, that individual shall not, as a result of such action—

“(1) become qualified for benefits under this subchapter; or

“(2) if such individual is otherwise so qualified, become qualified for increased benefits under this subchapter.”

Subsec. (e). Pub. L. 108–203, § 210(b)(2)(B), (C), added subsec. (e) and redesignated former subsec. (e) as (d).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2004 Amendment

Amendment by Pub. L. 108–203 effective Mar. 2, 2004, and effective with respect to overpayments under subchapters II, VIII, and XVI of this chapter that are outstanding on or after such date, see section 210(c) of Pub. L. 108–203, set out as a note under section 404 of this title.