[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR422.403]

[Page 1085-1086]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 422_ORGANIZATION AND PROCEDURES--Table of Contents
 
    Subpart E_Collection of Debts by Administrative Wage Garnishment
 
Sec. 422.403  When may we use administrative wage garnishment?

    (a) General. Subject to the exceptions described in paragraph (b) of 
this section and the conditions described in paragraphs (c) and (d) of 
this section, we may use administrative wage garnishment to collect any 
debt that is past due. We may use administrative wage garnishment while 
we are taking other action regarding the debt, such as, using tax refund 
offset under Sec. Sec. 404.520-404.526 and 416.580-416.586 of this 
chapter and taking action under subpart D of this part.
    (b) Exceptions. (1) We will not use this subpart to collect a debt 
from salary or wages paid by the United States Government.
    (2) If you have been separated involuntarily from employment, we 
will not order your employer to withhold amounts from your disposable 
pay until you have been reemployed continuously for at least 12 months. 
You have the burden of informing us about an involuntary separation from 
employment.
    (3) We will not use this subpart to collect a debt while your 
disability benefits are stopped during the reentitlement period, under 
Sec. 404.1592a(a)(2) of this chapter, because you are engaging in 
substantial gainful activity.
    (4) We will not use this subpart to collect a debt while your 
Medicare entitlement is continued because you are deemed to be entitled 
to disability benefits under section 226(b) of the Social Security Act 
(42 U.S.C. 426(b)).
    (5) We will not use this subpart to collect a debt if you have 
decided to participate in the Ticket to Work and Self-Sufficiency 
Program and your ticket is in use as described in Sec. Sec. 411.170 
through 411.225 of this chapter.
    (c) Overpayments under title II of the Social Security Act. This 
subpart applies to overpayments under title II of the

[[Page 1086]]

Social Security Act if all of the following conditions are met:
    (1) You are not receiving title II benefits.
    (2) We have completed our billing system sequence (i.e., we have 
sent you an initial notice of the overpayment, a reminder notice, and a 
past-due notice) or we have suspended or terminated collection activity 
in accordance with applicable rules, such as, the Federal Claims 
Collection Standards in 31 CFR 903.2 or 31 CFR 903.3.
    (3) We have not made an installment payment arrangement with you or, 
if we have made such an arrangement, you have failed to make any payment 
for two consecutive months.
    (4) You have not requested waiver pursuant to Sec. 404.506 or Sec. 
404.522 of this chapter or, after a review conducted pursuant to those 
sections, we have determined that we will not waive collection of the 
overpayment.
    (5) You have not requested reconsideration of the initial 
overpayment determination pursuant to Sec. Sec. 404.907 and 404.909 of 
this chapter or, after a review conducted pursuant to Sec. 404.913 of 
this chapter, we have affirmed all or part of the initial overpayment 
determination.
    (6) We cannot recover your overpayment pursuant to Sec. 404.502 of 
this chapter by adjustment of benefits payable to any individual other 
than you. For purposes of this paragraph, an overpayment will be deemed 
to be unrecoverable from any individual who was living in a separate 
household from yours at the time of the overpayment and who did not 
receive the overpayment.
    (d) Overpayments under title XVI of the Social Security Act. This 
subpart applies to overpayments under title XVI of the Social Security 
Act if all of the following conditions are met:
    (1) You are not receiving benefits under title XVI of the Social 
Security Act.
    (2) We are not collecting your title XVI overpayment by reducing 
title II benefits payable to you.
    (3) We have completed our billing system sequence (i.e., we have 
sent you an initial notice of the overpayment, a reminder notice, and a 
past-due notice) or we have suspended or terminated collection activity 
under applicable rules, such as, the Federal Claims Collection Standards 
in 31 CFR 903.2 or 31 CFR 903.3.
    (4) We have not made an installment payment arrangement with you or, 
if we have made such an arrangement, you have failed to make any payment 
for two consecutive months.
    (5) You have not requested waiver pursuant to Sec. 416.550 or Sec. 
416.582 of this chapter or, after a review conducted pursuant to those 
sections, we have determined that we will not waive collection of the 
overpayment.
    (6) You have not requested reconsideration of the initial 
overpayment determination pursuant to Sec. Sec. 416.1407 and 416.1409 
of this chapter or, after a review conducted pursuant to Sec. 416.1413 
of this chapter, we have affirmed all or part of the initial overpayment 
determination.
    (7) We cannot recover your overpayment pursuant to Sec. 416.570 of 
this chapter by adjustment of benefits payable to any individual other 
than you. For purposes of this paragraph, if you are a member of an 
eligible couple that is legally separated and/or living apart, we will 
deem unrecoverable from the other person that part of your overpayment 
which he or she did not receive.