POMS Reference

SI 02301: Posteligibility Changes

TN 15 (02-95)

A. Introduction

SSA collects penalties by deducting them from FederalSSI payments before any check adjustment for overpayment recovery.

B. Procedure

1. Collect

Collect a penalty (or complete collection) from:

  • current Federal SSI payments (not in Federal living arrangement FLA-D), or

  • any Federal SSI payments that begin after a period of FLA-D, nonpay or ineligibility, or

  • an underpayment due a survivor if the decision to collect the penalty occurred prior to the recipient's death.

2. Do Not Collect

Do not collect a penalty from:

  • a recipient by refund, or

  • title II benefits, or

  • State supplementary payments, or

  • Federal SSI payments subject to the FLA-D limit.

C. References

  • Manual Overpayments - P TAC, SM 01311.300

  • Penalty Input Instructions, SM 01311.305 through SM 01311.307