PART 408—SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS
Table of Contents
Subpart A—Introduction, General Provision and Definitions | |
| 408.101 | What is this part about? |
| 408.105 | Purpose and administration of the program. |
| 408.110 | General definitions and use of terms. |
| 408.120 | Periods of limitations ending on Federal nonworkdays. |
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? |
Age | |
| 408.214 | Are you age 65? |
Military Service | |
| 408.216 | Are you a World War II veteran? |
SSI Eligibility | |
| 408.218 | Do you meet the SSI eligibility requirements? |
Other Benefit Income | |
| 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? |
Residence Outside the United States | |
| 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 | |
Filing Your Application | |
| 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? |
Filing Date Based on Written Statement or Oral Inquiry | |
| 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? |
Deemed Filing Date Based on Misinformation | |
| 408.351 | What happens if we give you misinformation about filing an application? |
Withdrawal of Application | |
| 408.355 | Can you withdraw your application? |
| 408.360 | Can you cancel your request to withdraw your application? |
Subpart D—Evidence Requirements | |
General Information | |
| 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? |
Age | |
| 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? |
Military Service | |
| 408.420 | What evidence of World War II military service do you need to give us? |
SSI Eligibility | |
| 408.425 | How do we establish your eligibility for SSI? |
Other Benefit Income | |
| 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? |
Residence | |
| 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 | |
| 408.501 | What is this subpart about? |
| 408.505 | How do we determine the amount of your SVB payment? |
| 408.510 | How do we reduce your SVB when you receive other benefit income? |
| 408.515 | When do we make SVB payments? |
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 | |
| 408.701 | What is this subpart about? |
| 408.704 | Who must make reports? |
| 408.708 | What events must you report to us? |
| 408.710 | What must your report include? |
| 408.712 | How should you make your report? |
| 408.714 | When are reports due? |
Subpart H—Suspensions and Terminations | |
| 408.801 | What is this subpart about? |
Suspension | |
| 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, for certain crimes, or if 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? |
Termination | |
| 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 end 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 | |
General Rules | |
| 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? |
Waiver of Recovery of SVB Overpayments | |
| 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? |
Notices | |
| 408.918 | What notices will you receive if you are overpaid or underpaid? |
Refund of Overpayments | |
| 408.920 | When will we seek refund of an SVB overpayment? |
Adjustment of SVB | |
| 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? |
Adjustment of Title II Benefits | |
| 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? |
Tax Refund Offset | |
| 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? |
Compromise Settlements, or Suspension or Termination of Collection | |
| 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 | |
Introduction, Definitions, and Initial Determinations | |
| 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? |
Reconsideration | |
| 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? |
Expedited Appeals Process | |
| 408.1030 | When can you use the expedited appeals process? |
Hearing Before an Administrative Law Judge | |
| 408.1040 | When you can request a hearing before an administrative law judge (ALJ)? |
Administrative Law Judge Hearing Procedures | |
| 408.1045 | What procedures apply if you request an ALJ hearing? |
Appeals Council Review | |
| 408.1050 | When can you request Appeals Council review of an ALJ hearing decision or dismissal of a hearing request? |
Court Remand Cases | |
| 408.1060 | What happens if a Federal court remands your case to the Commissioner? |
Reopening and Revising Determinations and Decisions | |
| 408.1070 | When will we reopen a final determination? |
Subpart K—Representation of Parties | |
| 408.1101 | Can you appoint someone to represent you? |
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? |
Source: 68 FR 16418, Apr. 4, 2003, unless otherwise noted.