PART 408—SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

Table of Contents

Subpart A—Introduction, General Provision and Definitions

408.101What is this part about?
408.105Purpose and administration of the program.
408.110General definitions and use of terms.
408.120Periods of limitations ending on Federal nonworkdays.

Subpart B—SVB Qualification and Entitlement

408.201What is this subpart about?
408.202How do you qualify for SVB?
408.204What conditions will prevent you from qualifying for SVB or being entitled to receive SVB payments?
408.206What happens when you apply for SVB?
408.208What happens if you establish residence outside the United States within 4 calendar months?
408.210What happens if you do not establish residence outside the United States within 4 calendar months?
408.212What happens if you are a qualified individual already residing outside the United States?

Age

408.214Are you age 65?

Military Service

408.216Are you a World War II veteran?

SSI Eligibility

408.218Do you meet the SSI eligibility requirements?

Other Benefit Income

408.220Do you have other benefit income?
408.222How does your other benefit income affect your SVB?
408.224How do we determine the monthly amount of your other benefit income?
408.226What happens if you begin receiving other benefit income after you become entitled to SVB?

Residence Outside the United States

408.228When do we consider you to be residing outside the United States?
408.230When must you begin residing outside the United States?
408.232When do you lose your foreign resident status?
408.234Can you continue to receive SVB payments if you stay in the United States for more than 1 full calendar month?

Subpart C—Filing Applications

Filing Your Application

408.301What is this subpart about?
408.305Why do you need to file an application to receive benefits?
408.310What makes an application a claim for SVB?
408.315Who may sign your application?
408.320What evidence shows that a person has authority to sign an application for you?
408.325When is your application considered filed?
408.330How long will your application remain in effect?

Filing Date Based on Written Statement or Oral Inquiry

408.340When will we use a written statement as your filing date?
408.345When will we use the date of an oral inquiry as your application filing date?

Deemed Filing Date Based on Misinformation

408.351What happens if we give you misinformation about filing an application?

Withdrawal of Application

408.355Can you withdraw your application?
408.360Can you cancel your request to withdraw your application?

Subpart D—Evidence Requirements

General Information

408.401What is this subpart about?
408.402When do you need to give us evidence?
408.403Where should you give us your evidence?
408.404What happens if you fail to give us the evidence we ask for?
408.405When do we require original records or copies as evidence?
408.406How do we evaluate the evidence you give us?

Age

408.410When do you need to give us evidence of your age?
408.412What kinds of evidence of age do you need to give us?
408.413How do we evaluate the evidence of age you give us?

Military Service

408.420What evidence of World War II military service do you need to give us?

SSI Eligibility

408.425How do we establish your eligibility for SSI?

Other Benefit Income

408.430When do you need to give us evidence of your other benefit income?
408.432What kind of evidence of your other benefit income do you need to give us?

Residence

408.435How do you prove that you are residing outside the United States?
408.437How 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

408.501What is this subpart about?
408.505How do we determine the amount of your SVB payment?
408.510How do we reduce your SVB when you receive other benefit income?
408.515When do we make SVB payments?

Subpart F—Representative Payment

408.601What is this subpart about?
408.610When will we send your SVB payments to a representative payee?
408.611What happens to your monthly benefits while we are finding a suitable representative payee for you?
408.615What information do we consider in determining whether we will pay your benefits to a representative payee?
408.620What information do we consider in selecting the proper representative payee for you?
408.621What is our order of preference in selecting a representative payee for you?
408.622Who may not serve as a representative payee?
408.624How do we investigate a representative payee applicant?
408.625What information must a representative payee report to us?
408.630How will we notify you when we decide you need a representative payee?
408.635What are the responsibilities of your representative payee?
408.640How must your representative payee use your benefits?
408.641Who is liable if your representative payee misuses your benefits?
408.645What must your representative payee do with unused benefits?
408.650When will we select a new representative payee for you?
408.655When will we stop making your payments to a representative payee?
408.660What happens to your accumulated funds when your representative payee changes?
408.665How does your representative payee account for the use of your SVB payments?

Subpart G—Reporting Requirements

408.701What is this subpart about?
408.704Who must make reports?
408.708What events must you report to us?
408.710What must your report include?
408.712How should you make your report?
408.714When are reports due?

Subpart H—Suspensions and Terminations

408.801What is this subpart about?

Suspension

408.802When will we suspend your SVB payments?
408.803What happens to your SVB payments if you fail to comply with our request for information?
408.806What happens to your SVB payments if you are no longer residing outside the United States?
408.808What happens to your SVB payments if you begin receiving additional benefit income?
408.809What happens to your SVB payments if you are removed (including deported) from the United States?
408.810What happens to your SVB payments if you are fleeing to avoid criminal prosecution or custody or confinement after conviction, for certain crimes, or if you violate a condition of probation or parole?
408.812What 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?

Termination

408.814Can you request termination of your SVB entitlement?
408.816When does SVB entitlement end due to death?
408.818When does SVB entitlement end if your benefit payments have been in suspense for 12 consecutive months?
408.820Will we send you a notice of intended action affecting your SVB payment status?

Subpart I—Underpayments and Overpayments

General Rules

408.900What is this subpart about?
408.901What is an underpayment?
408.902What is an overpayment?
408.903How do we determine the amount of an underpayment or overpayment?
408.904How will you receive an underpayment?
408.905Will we withhold or adjust an underpayment to reduce an overpayment if that overpayment occurred in a different period?

Waiver of Recovery of SVB Overpayments

408.910When will we waive recovery of an SVB overpayment?
408.911What happens when we waive recovery of an SVB overpayment?
408.912When are you without fault regarding an overpayment?
408.913When would overpayment recovery defeat the purpose of the title VIII program?
408.914When would overpayment recovery be against equity and good conscience?

Notices

408.918What notices will you receive if you are overpaid or underpaid?

Refund of Overpayments

408.920When will we seek refund of an SVB overpayment?

Adjustment of SVB

408.922When will we adjust your SVB payments to recover an overpayment?
408.923Is there a limit on the amount we will withhold from your SVB payments to recover an overpayment?

Adjustment of Title II Benefits

408.930Are title II and title XVI benefits subject to adjustment to recover title VIII overpayments?
408.931How much will we withhold from your title II and title XVI benefits to recover a title VIII overpayment?
408.932Will you receive notice of our intention to apply cross-program recovery?
408.933When will we begin cross-program recovery from your current monthly benefits?

Tax Refund Offset

408.940When will we refer an SVB overpayment to the Department of the Treasury for tax refund offset?
408.941Will we notify you before we refer an SVB overpayment for tax refund offset?
408.942Will you have a chance to present evidence showing that the overpayment is not past due or is not legally enforceable?
408.943What happens after we make our determination on your request for review or your request for waiver?
408.944How can you review our records related to an SVB overpayment?
408.945When will we suspend tax refund offset?
408.946What happens if your tax refund is insufficient to cover the amount of your SVB overpayment?

Compromise Settlements, or Suspension or Termination of Collection

408.950Will 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

Introduction, Definitions, and Initial Determinations

408.1000What is this subpart about?
408.1001Definitions.
408.1002What is an initial determination?
408.1003Which administrative actions are initial determinations?
408.1004Which administrative actions are not initial determinations?
408.1005Will we mail you a notice of the initial determination?
408.1006What is the effect of an initial determination?

Reconsideration

408.1007What is reconsideration?
408.1009How do you request reconsideration?
408.1011How do we determine whether you had good cause for missing the deadline to request review?
408.1013What are the methods for reconsideration?
408.1014What procedures apply if you request reconsideration of an initial determination on your application for SVB?
408.1015What procedures apply if you request reconsideration of an initial determination that results in suspension, reduction, or termination of your SVB?
408.1016What happens if you request a conference?
408.1020How do we make our reconsidered determination?
408.1021How does the reconsidered determination affect you?
408.1022How will we notify you of our reconsidered determination?

Expedited Appeals Process

408.1030When can you use the expedited appeals process?

Hearing Before an Administrative Law Judge

408.1040When you can request a hearing before an administrative law judge (ALJ)?

Administrative Law Judge Hearing Procedures

408.1045What procedures apply if you request an ALJ hearing?

Appeals Council Review

408.1050When can you request Appeals Council review of an ALJ hearing decision or dismissal of a hearing request?

Court Remand Cases

408.1060What happens if a Federal court remands your case to the Commissioner?

Reopening and Revising Determinations and Decisions

408.1070When will we reopen a final determination?

Subpart K—Representation of Parties

408.1101Can you appoint someone to represent you?

Subpart L—Federal Administration of State Recognition Payments

408.1201What are State recognition payments?
408.1205How can a State have SSA administer its State recognition payment program?
408.1210What are the essential elements of an administration agreement?
408.1215How do you establish eligibility for Federally administered State recognition payments?
408.1220How do we pay Federally administered State recognition payments?
408.1225What happens if you receive an overpayment?
408.1226What happens if you are underpaid?
408.1230Can you waive State recognition payments?
408.1235How does the State transfer funds to SSA to administer its recognition payment program?

Source: 68 FR 16418, Apr. 4, 2003, unless otherwise noted.