1805. When are you NOT charged for excess earnings?

Your excess earnings are not charged against your benefits for any month in which you:

1. Were not entitled to benefits;

2. Were FRA (see §723.5) or over in any part of the month;

3. Met the following conditions:

   1. You were in a "grace year;" (§1807)

   2. You did not work for wages of more than the monthly exempt amount; and

   3. You did not perform substantial services in self-employment (see §1807.4);

4. Were entitled to a disability insurance or a childhood disability benefit;

5. Were entitled to a widow(er)'s or surviving divorced spouse's insurance benefit because of a disability;

6. Were entitled to a wife's, husband's, mother's, or father's insurance benefit, but were subject to a deduction because you did not have the spouse's (or former spouse's) child in care (see §1829);

7. Were subject to a deduction because of your own non-covered work for pay outside the U.S.;

8. Were subject to a deduction because the worker on whose earnings record you are entitled to benefits performed non-covered work for pay outside the U.S. (see §1823);

9. Were subject to a deduction because the worker on whose earnings record you are entitled to benefits refused to accept vocational rehabilitation services;

10. Did not receive payment because periodic workers' compensation benefits prevented such payment (see §1835); or

    Note: Excess earnings of a retirement insurance beneficiary are not charged against the benefits of person entitled to benefits on the worker's earnings record (the auxiliary) for any month in which the auxiliary is subject to a deduction under (D), (E), or (F) above.

11. Were entitled to student benefits based on full-time attendance at a post-secondary school and did not receive benefits for the summer months.

Last Revised: Sep. 27, 2005