CAPÍTULO II MARCO TEÓRICO
2.2 BASES TEÓRICAS O FUNDAMENTO TEÓRICO
2.2.2 Mapa conceptual
(a) ACCESS TO FINANCIAL INFORMATION FOR OLD-
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AGE, SURVIVORS, AND DISABILITY INSURANCE WAIV-
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ERS.—Section 204(b) of the Social Security Act (42
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U.S.C. 404(b)) is amended to read as follows:
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‘‘(b)(1) In any case in which more than the correct
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amount of payment has been made, there shall be no ad-
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justment of payments to, or recovery by the United States
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from, any person who is without fault if such adjustment
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or recovery would defeat the purpose of this title or would
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be against equity and good conscience.
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‘‘(2) In making for purposes of this subsection any
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determination of whether any individual is without fault,
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the Commissioner of Social Security shall specifically take
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into account any physical, mental, educational, or lin-
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guistic limitation such individual may have (including any
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lack of facility with the English language).
‘‘(3)(A) In making for purposes of this subsection
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any determination of whether such adjustment or recovery
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would defeat the purpose of this title, the Commissioner
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of Social Security shall require an individual to provide
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authorization for the Commissioner to obtain (subject to
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the cost reimbursement requirements of section 1115(a)
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of the Right to Financial Privacy Act) from any financial
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institution (within the meaning of section 1101(1) of such
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Act) any financial record (within the meaning of section
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1101(2) of such Act) held by the institution with respect
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to such individual whenever the Commissioner determines
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the record is needed in connection with a determination
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with respect to such adjustment or recovery.
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‘‘(B) Notwithstanding section 1104(a)(1) of the
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Right to Financial Privacy Act, an authorization provided
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by an individual pursuant this paragraph shall remain ef-
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fective until the earlier of—
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‘‘(i) the rendering of a final decision on whether
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adjustment or recovery would defeat the purpose of
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this title; or
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‘‘(ii) the express revocation by the individual of
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the authorization, in a written notification to the
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Commissioner.
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‘‘(C)(i) An authorization obtained by the Commis-
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sioner of Social Security pursuant this paragraph shall be
considered to meet the requirements of the Right to Fi-
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nancial Privacy Act for purposes of section 1103(a) of
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such Act, and need not be furnished to the financial insti-
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tution, notwithstanding section 1104(a) of such Act.
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‘‘(ii) The certification requirements of section
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1103(b) of the Right to Financial Privacy Act shall not
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apply to requests by the Commissioner of Social Security
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pursuant to an authorization provided under this para-
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graph.
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‘‘(iii) A request by the Commissioner pursuant to an
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authorization provided under this paragraph is deemed to
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meet the requirements of section 1104(a)(3) of the Right
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to Financial Privacy Act and the flush language of section
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1102 of such Act.
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‘‘(D) The Commissioner shall inform any person who
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provides authorization pursuant to this paragraph of the
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duration and scope of the authorization.
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‘‘(E) If an individual refuses to provide, or revokes,
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any authorization for the Commissioner of Social Security
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to obtain from any financial institution any financial
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record, the Commissioner may, on that basis, determine
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that adjustment or recovery would not defeat the purpose
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of this title.’’.
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(b) ACCESS TO FINANCIAL INFORMATION FOR SUP-
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PLEMENTAL SECURITY INCOMEWAIVERS.—
(1) IN GENERAL.—Section 1631(b)(1)(B) of
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the Social Security Act (42 U.S.C. 1383(b)(1)(B)) is
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amended by adding at the end the following: ‘‘In
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making for purposes of this subparagraph a deter-
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mination of whether an adjustment or recovery
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would defeat the purpose of this title, the Commis-
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sioner of Social Security shall require an individual
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to provide authorization for the Commissioner to ob-
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tain (subject to the cost reimbursement require-
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ments of section 1115(a) of the Right to Financial
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Privacy Act) from any financial institution (within
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the meaning of section 1101(1) of such Act) any fi-
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nancial record (within the meaning of section
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1101(2) of such Act) held by the institution with re-
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spect to such individual whenever the Commissioner
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determines that the record is needed in connection
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with a determination with respect to such adjust-
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ment or recovery, under the terms and conditions es-
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tablished under subsection (e)(1)(B).’’.
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(2) CONFORMING AMENDMENT.—Section
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1631(e)(1)(B)(ii)(V) of such Act (42 U.S.C.
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1383(e)(1)(B)(ii)(V)) is amended by inserting ‘‘, de-
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termine that adjustment or recovery on account of
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an overpayment with respect to the applicant or re-
cipient would not defeat the purpose of this title, or
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both’’ before the period at the end.
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(c) EFFECTIVE DATE.—The amendments made by
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this section shall apply with respect to determinations
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made on or after the date that is 3 months after the date
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of the enactment of this section.
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