20 CFR § 404.436 - Excess earnings; months to which excess earnings cannot be charged because individual is deemed not entitled to benefits.
---
identifier: "/us/cfr/t20/s404.436"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 404.436 - Excess earnings; months to which excess earnings cannot be charged because individual is deemed not entitled to benefits."
title_number: 20
title_name: "Employees' Benefits"
section_number: "404.436"
section_name: "Excess earnings; months to which excess earnings cannot be charged because individual is deemed not entitled to benefits."
chapter_name: "SOCIAL SECURITY ADMINISTRATION"
part_number: "404"
part_name: "FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
cfr_part: "404"
---
# 404.436 Excess earnings; months to which excess earnings cannot be charged because individual is deemed not entitled to benefits.
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).
[32 FR 19159, Dec. 20, 1967, as amended at 38 FR 9429, Apr. 16, 1973; 38 FR 17716, July 3, 1973; 43 FR 8133, Feb. 28, 1978; 68 FR 40123, July 7, 2003]