Part 408 — Special Benefits for Certain World War II Veterans
Subpart A — Introduction, General Provision and Definitions
Subpart B — SVB Qualification and Entitlement
- § 408.201— What is this subpart about?
- § 408.202— How do you qualify for SVB?
- § 408.204— What conditions will prevent you from qualifying for SVB or being entitled to receive SVB payments?
- § 408.206— What happens when you apply for SVB?
- § 408.208— What happens if you establish residence outside the United States within 4 calendar months?
- § 408.210— What happens if you do not establish residence outside the United States within 4 calendar months?
- § 408.212— What happens if you are a qualified individual already residing outside the United States?
- § 408.214— Are you age 65?
- § 408.216— Are you a World War II veteran?
- § 408.218— Do you meet the SSI eligibility requirements?
- § 408.220— Do you have other benefit income?
- § 408.222— How does your other benefit income affect your SVB?
- § 408.224— How do we determine the monthly amount of your other benefit income?
- § 408.226— What happens if you begin receiving other benefit income after you become entitled to SVB?
- § 408.228— When do we consider you to be residing outside the United States?
- § 408.230— When must you begin residing outside the United States?
- § 408.232— When do you lose your foreign resident status?
- § 408.234— Can you continue to receive SVB payments if you stay in the United States for more than 1 full calendar month?
Subpart C — Filing Applications
- § 408.301— What is this subpart about?
- § 408.305— Why do you need to file an application to receive benefits?
- § 408.310— What makes an application a claim for SVB?
- § 408.315— Who may sign your application?
- § 408.320— What evidence shows that a person has authority to sign an application for you?
- § 408.325— When is your application considered filed?
- § 408.330— How long will your application remain in effect?
- § 408.340— When will we use a written statement as your filing date?
- § 408.345— When will we use the date of an oral inquiry as your application filing date?
- § 408.351— What happens if we give you misinformation about filing an application?
- § 408.355— Can you withdraw your application?
- § 408.360— Can you cancel your request to withdraw your application?
Subpart D — Evidence Requirements
- § 408.401— What is this subpart about?
- § 408.402— When do you need to give us evidence?
- § 408.403— Where should you give us your evidence?
- § 408.404— What happens if you fail to give us the evidence we ask for?
- § 408.405— When do we require original records or copies as evidence?
- § 408.406— How do we evaluate the evidence you give us?
- § 408.410— When do you need to give us evidence of your age?
- § 408.412— What kinds of evidence of age do you need to give us?
- § 408.413— How do we evaluate the evidence of age you give us?
- § 408.420— What evidence of World War II military service do you need to give us?
- § 408.425— How do we establish your eligibility for SSI?
- § 408.430— When do you need to give us evidence of your other benefit income?
- § 408.432— What kind of evidence of your other benefit income do you need to give us?
- § 408.435— How do you prove that you are residing outside the United States?
- § 408.437— How do you prove that you had good cause for staying in the United States for more than 1 full calendar month?
Subpart E — Amount and Payment of Benefits
Subpart F — Representative Payment
- § 408.601— What is this subpart about?
- § 408.610— When will we send your SVB payments to a representative payee?
- § 408.611— What happens to your monthly benefits while we are finding a suitable representative payee for you?
- § 408.615— What information do we consider in determining whether we will pay your benefits to a representative payee?
- § 408.618— Advance designation of representative payees.
- § 408.620— What information do we consider in selecting the proper representative payee for you?
- § 408.621— What is our order of preference in selecting a representative payee for you?
- § 408.622— Who may not serve as a representative payee?
- § 408.624— How do we investigate a representative payee applicant?
- § 408.625— What information must a representative payee report to us?
- § 408.626— How do we investigate an appointed representative payee?
- § 408.630— How will we notify you when we decide you need a representative payee?
- § 408.635— What are the responsibilities of your representative payee?
- § 408.640— How must your representative payee use your benefits?
- § 408.641— Who is liable if your representative payee misuses your benefits?
- § 408.645— What must your representative payee do with unused benefits?
- § 408.650— When will we select a new representative payee for you?
- § 408.655— When will we stop making your payments to a representative payee?
- § 408.660— What happens to your accumulated funds when your representative payee changes?
- § 408.665— How does your representative payee account for the use of your SVB payments?
Subpart G — Reporting Requirements
Subpart H — Suspensions and Terminations
- § 408.801— What is this subpart about?
- § 408.802— When will we suspend your SVB payments?
- § 408.803— What happens to your SVB payments if you fail to comply with our request for information?
- § 408.806— What happens to your SVB payments if you are no longer residing outside the United States?
- § 408.808— What happens to your SVB payments if you begin receiving additional benefit income?
- § 408.809— What happens to your SVB payments if you are removed (including deported) from the United States?
- § 408.810— What happens to your SVB payments if you are fleeing to avoid criminal prosecution or custody or confinement after conviction, or because you violate a condition of probation or parole?
- § 408.812— What happens to your SVB payments if you are not a citizen or national of the United States and you begin residing in a Treasury-restricted country?
- § 408.814— Can you request termination of your SVB entitlement?
- § 408.816— When does SVB entitlement end due to death?
- § 408.818— When does SVB entitlement terminate if your benefit payments have been in suspense for 12 consecutive months?
- § 408.820— Will we send you a notice of intended action affecting your SVB payment status?
Subpart I — Underpayments and Overpayments
- § 408.900— What is this subpart about?
- § 408.901— What is an underpayment?
- § 408.902— What is an overpayment?
- § 408.903— How do we determine the amount of an underpayment or overpayment?
- § 408.904— How will you receive an underpayment?
- § 408.905— Will we withhold or adjust an underpayment to reduce an overpayment if that overpayment occurred in a different period?
- § 408.910— When will we waive recovery of an SVB overpayment?
- § 408.911— What happens when we waive recovery of an SVB overpayment?
- § 408.912— When are you without fault regarding an overpayment?
- § 408.913— When would overpayment recovery defeat the purpose of the title VIII program?
- § 408.914— When would overpayment recovery be against equity and good conscience?
- § 408.918— What notices will you receive if you are overpaid or underpaid?
- § 408.920— When will we seek refund of an SVB overpayment?
- § 408.922— When will we adjust your SVB payments to recover an overpayment?
- § 408.923— Is there a limit on the amount we will withhold from your SVB payments to recover an overpayment?
- § 408.930— Are title II and title XVI benefits subject to adjustment to recover title VIII overpayments?
- § 408.931— How much will we withhold from your title II and title XVI benefits to recover a title VIII overpayment?
- § 408.932— Will you receive notice of our intention to apply cross-program recovery?
- § 408.933— When will we begin cross-program recovery from your current monthly benefits?
- § 408.940— When will we refer an SVB overpayment to the Department of the Treasury for tax refund offset?
- § 408.941— Will we notify you before we refer an SVB overpayment for tax refund offset?
- § 408.942— Will you have a chance to present evidence showing that the overpayment is not past due or is not legally enforceable?
- § 408.943— What happens after we make our determination on your request for review or your request for waiver?
- § 408.944— How can you review our records related to an SVB overpayment?
- § 408.945— When will we suspend tax refund offset?
- § 408.946— What happens if your tax refund is insufficient to cover the amount of your SVB overpayment?
- § 408.950— Will we accept a compromise settlement of an overpayment debt or suspend or terminate collection of an overpayment?
Subpart J — Determinations and the Administrative Review Process
- § 408.1000— What is this subpart about?
- § 408.1001— Definitions.
- § 408.1002— What is an initial determination?
- § 408.1003— Which administrative actions are initial determinations?
- § 408.1004— Which administrative actions are not initial determinations?
- § 408.1005— Will we mail you a notice of the initial determination?
- § 408.1006— What is the effect of an initial determination?
- § 408.1007— What is reconsideration?
- § 408.1009— How do you request reconsideration?
- § 408.1011— How do we determine whether you had good cause for missing the deadline to request review?
- § 408.1013— What are the methods for reconsideration?
- § 408.1014— What procedures apply if you request reconsideration of an initial determination on your application for SVB?
- § 408.1015— What procedures apply if you request reconsideration of an initial determination that results in suspension, reduction, or termination of your SVB?
- § 408.1016— What happens if you request a conference?
- § 408.1020— How do we make our reconsidered determination?
- § 408.1021— How does the reconsidered determination affect you?
- § 408.1022— How will we notify you of our reconsidered determination?
- § 408.1030— When can you use the expedited appeals process?
- § 408.1040— When can you request a hearing before an administrative law judge (ALJ)?
- § 408.1045— What procedures apply if you request an ALJ hearing?
- § 408.1050— When can you request Appeals Council review of an ALJ hearing decision or dismissal of a hearing request?
- § 408.1060— What happens if a Federal Court remands your case to the Commissioner?
- § 408.1070— When will we reopen a final determination?
Subpart K — Representation of Parties
Subpart L — Federal Administration of State Recognition Payments
- § 408.1201— What are State recognition payments?
- § 408.1205— How can a State have SSA administer its State recognition payment program?
- § 408.1210— What are the essential elements of an administration agreement?
- § 408.1215— How do you establish eligibility for Federally administered State recognition payments?
- § 408.1220— How do we pay Federally administered State recognition payments?
- § 408.1225— What happens if you receive an overpayment?
- § 408.1226— What happens if you are underpaid?
- § 408.1230— Can you waive State recognition payments?
- § 408.1235— How does the State transfer funds to SSA to administer its recognition payment program?