20 CFR 404.436
§ 404.436 Excess earnings; months to which excess earnings cannot be charged because individual is deemed not entitled to benefits.
United States · 20 CFR — Employees' Benefits · Status: effective
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- Citation
- 20 CFR 404.436, § 404.436 Excess earnings; months to which excess earnings cannot be charged because individual is deemed not entitled to benefits, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/78299
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Full text
Under the annual earnings test, excess earnings (as described in § 404.430) are not charged to any month in which an individual is deemed not entitled to a benefit. A beneficiary (i.e., the insured individual or any person entitled or deemed entitled on the individual's earnings record) is deemed not entitled to a benefit for a month if he is subject to a deduction for that month because of:
(a) Engaging in noncovered remunerative activity outside the United States (as described in §§ 404.417 and 404.418); or
(b) Failure to have a child in his or her care (as described in § 404.421).
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.