# 20 CFR § 404.402: Interrelationship of deductions, reductions, adjustments, and nonpayment of benefits

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-20-404.402

## Section

- **Citation:** 20 CFR § 404.402
- **Heading:** Interrelationship of deductions, reductions, adjustments, and nonpayment of benefits
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 20—Employees' Benefits > CHAPTER III—SOCIAL SECURITY ADMINISTRATION > PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) > Subpart E—Deductions › Reductions › and Nonpayments of Benefits

## Text

(a) Deductions, reductions, adjustment. Deductions because of earnings or work (see §§ 404.415 and 404.417); failure to have a child “in his or her care” (see § 404.421); as a penalty for failure to timely report noncovered work outside the United States, failure to report that he or she no longer has a child “in his or her care,” or failure to timely report earnings (see §§ 404.451 and 404.453); or because of unpaid maritime taxes (see § 404.457) are made: * * *
(1) Before making any reductions because of the maximum (see § 404.403),
(2) Before applying the benefit rounding provisions (see § 404.304(f)), and,
(3) Except for deductions imposed as a penalty (see §§ 404.451 and 404.453), before making any adjustment necessary because an error has been made in the payment of benefits (see subpart F). However, for purposes of charging excess earnings for taxable years beginning after December 1960 or ending after June 1961, see paragraph (b) of this section and § 404.437 for reductions that apply before such charging.
(b) Reductions, nonpayments. (1) Reduction because of the maximum (see § 404.403) is made:
(i) Before reduction because of simultaneous entitlement to old-age or disability insurance benefits and to other benefits (see § 404.407);
(ii) Before reduction in benefits for age (see §§ 404.410 through 404.413);
(iii) Before adjustment necessary because an error has been made in the payment of benefits (see subpart F of this part);
(iv) Before reduction because of entitlement to certain public disability benefits provided under Federal, State, or local laws or plans (see § 404.408);
(v) Before nonpayment of an individual's benefits because he is an alien living outside the United States for 6 months (see § 404.460), or because of deportation (see § 404.464);
(vi) Before the redetermination of the amount of benefit payable to an individual who has been convicted of certain offenses (see § 404.465); and
(vii) Before suspension of benefits due to earnings (see § 404.456), for benefits payable or paid for months after December 1995 to a non-working auxiliary or survivor who resides in a different household than the working auxiliary or survivor whose benefits are suspended.
(2) Reduction of benefits because of entitlement to certain public disability benefits (see § 404.408) is made before deduction under section 203 of the Act relating to work (see §§ 404.415, 404.417, 404.451, and 404.453) and failure to have care of a child (see §§ 404.421 and 404.451).
(3) Reduction of the benefit of a spouse who is receiving a Government pension (see § 404.408(a)) is made after the withholding of payments as listed in paragraph (d)(1) of this section and after reduction because of receipt of certain public disability benefits (paragraph (b)(2) of this section).
(c) Alien outside the United States; deportation nonpayment—deduction. If an individual is subject to nonpayment of a benefit for a month under § 404.460 or § 404.464, no deduction is made from his benefit for that month under § 404.415, § 404.417, or § 404.421, and no deduction is made because of that individual's work from the benefit of any person entitled or deemed entitled to benefits under § 404.420, on his earnings record, for that month.
(d) Order of priority—deductions and other withholding provisions. Deductions and other withholding provisions are applied in accordance with the following order of priority:
(1) Current nonpayments under §§ 404.460, 404.464, 404.465, 404.467, and 404.469;
(2) Current reductions under § 404.408;
(3) Current reductions under § 404.408a;
(4) Current deductions under §§ 404.417 and 404.421;
(5) Current withholding of benefits under § 404.456;
(6) Unpaid maritime tax deductions (§ 404.457);
(7) Withholdings to recover overpayments (see subpart F of this part);
(8) Penalty deductions under §§ 404.451 and 404.453.
[40 FR 30813, July 23, 1975, as amended at 44 FR 29047, May 18, 1979; 48 FR 37016, Aug. 16, 1983; 48 FR 46148, Oct. 11, 1983; 56 FR 41789, Aug. 23, 1991; 60 FR 8146, Feb. 10, 1995; 68 FR 15659, Apr. 1, 2003; 68 FR 40122, July 7, 2003; 91 FR 16829, Apr. 3, 2026]

## Nearby sections

- [20 CFR § 404.1 § 404.1 Introduction.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.1.md)
- [20 CFR § 404.402 § 404.402 Interrelationship of deductions, reductions, adjustments, and nonpayment of benefits.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.402.md)
- [20 CFR § 404.403 § 404.403 Reduction where total monthly benefits exceed maximum family benefits payable.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.403.md)
- [20 CFR § 404.408a § 404.408a Reduction where spouse is receiving a Government pension.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.408a.md)
- [20 CFR § 404.408b § 404.408b Reduction of retroactive monthly social security benefits where supplemental security income (SSI) payments were received for the same period.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.408b.md)
- [20 CFR § 404.409 § 404.409 What is full retirement age?](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.409.md)
- [20 CFR § 404.412 § 404.412 After my benefits are reduced for age when and how will adjustments to that reduction be made?](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.412.md)
- [20 CFR § 404.417 § 404.417 Deductions because of noncovered remunerative activity outside the United States; 45 hour and 7-day work test.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.417.md)
- [20 CFR § 404.421 § 404.421 How are deductions made when a beneficiary fails to have a child in his or her care?](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.421.md)
- [20 CFR § 404.423 § 404.423 Manner of making deductions.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.423.md)
- [20 CFR § 404.425 § 404.425 Total amount of deductions where deduction events occur in more than 1 month.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.425.md)
- [20 CFR § 404.430 § 404.430 Monthly and annual exempt amounts defined; excess earnings defined.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.430.md)
- [20 CFR § 404.434 § 404.434 Excess earnings; method of charging.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.434.md)
- [20 CFR § 404.436 § 404.436 Excess earnings; months to which excess earnings cannot be charged because individual is deemed not entitled to benefits.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.436.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-20-404.402. Check the current official text before relying on it. Not legal advice.