20 C.F.R. Subpart F—Representative Payment
Title 20 - Employees' Benefits
Authority: Secs. 702(a)(5), 807, and 810 of the Social Security Act (42 U.S.C. 902(a)(5), 1007, and 1010).
Source: 69 FR 60235, Oct. 7, 2004, unless otherwise noted.
(a) Explanation of representative payment. This subpart explains the policies and procedures we follow to determine whether to pay your benefits to a representative payee and to select a representative payee for you. It also explains the responsibilities your representative payee has for using the funds he or she receives on your behalf. A representative payee may be either an individual or an organization. We will select a representative payee to receive your benefits if we believe your interests will be better served by paying a representative payee than by paying you directly. Generally, we appoint a representative payee if we determine you are unable to manage or direct the management of your own benefit payments. Because the representative payment policies and procedures we use for the title VIII program closely parallel our title II policies and procedures, we provide cross-references to the appropriate material in our title II representative payment rules in subpart U of part 404 of this chapter. (b) Policy we use to determine whether to make representative payment. For an explanation of the policy we use to determine whether to pay your SVB to a representative payee, see §404.2001(b) of this chapter. In determining when we will pay your benefits to a representative payee, we follow the rules in §404.2010(a) of this chapter. For an explanation of the policy we use to determine what happens to your monthly benefits while we are finding a suitable representative payee for you, see §404.2011 of this chapter. We determine whether to pay your benefits to a representative payee after considering the information listed in §404.2015 of this chapter. To select a proper representative payee for you, we consider the information listed in §404.2020 of this chapter. We use the preference list in §404.2021(a) of this chapter as a guide in selecting the proper representative payee for you. For a list of individuals who may not serve as a representative payee, see §404.2022 of this chapter. Before selecting an individual or organization as your representative payee, we investigate him or her following the rules in §404.2024 of this chapter. Your representative payee must report to us information as described in §404.2025 of this chapter. (a) We notify you in writing of our determination to make representative payment. If you are legally incompetent, our written notice is sent to your legal guardian or legal representative. The notice explains that we have determined that representative payment is in your interest, and it provides the name of the representative payee we have selected. The notice: (1) Contains language that is easily understandable to the reader. (2) Identifies the person designated as your representative payee. (3) Explains that you, your legal guardian, or your legal representative can appeal our determination that you need a representative payee. (4) Explains that you, your legal guardian, or your legal representative can appeal our designation of a particular person to serve as representative payee. (b) If you, your legal guardian, or your legal representative objects to representative payment or to the designated payee, you can file a formal appeal. For a list of your representative payee's responsibilities, see §404.2035 of this chapter. Your representative payee must use your benefits in accordance with the rules in §404.2040 of this chapter. For the rules we follow to determine who is liable for repayment of misused benefits, see §404.2041 of this chapter. If your representative payee has accumulated benefits for you, he or she must conserve or invest them as provided in §404.2045 of this chapter. We follow the rules in §404.2050 of this chapter to determine when we will select a new representative payee for you. To determine when we will stop representative payment for you, we follow the rules in §404.2055 of this chapter. For a description of what happens to your accumulated funds (including the interest earned on the funds) when we change your representative payee or when you begin receiving benefits directly, see §404.2060 of this chapter. Your representative payee must account for the use of your benefits as specified in §404.2065 of this chapter.
Title 20: Employees' Benefits
PART 408—SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS
Subpart F—Representative Payment
§ 408.601 What is this subpart about?
§ 408.610 When will we send your SVB payments to a representative payee?
§ 408.611 What happens to your monthly benefits while we are finding a suitable representative payee for you?
§ 408.615 What information do we consider in determining whether we will pay your benefits to a representative payee?
§ 408.620 What information do we consider in selecting the proper representative payee for you?
§ 408.621 What is our order of preference in selecting a representative payee for you?
§ 408.622 Who may not serve as a representative payee?
§ 408.624 How do we investigate a representative payee applicant?
§ 408.625 What information must a representative payee report to us?
§ 408.630 How will we notify you when we decide you need a representative payee?
§ 408.635 What are the responsibilities of your representative payee?
§ 408.640 How must your representative payee use your benefits?
§ 408.641 Who is liable if your representative payee misuses your benefits?
§ 408.645 What must your representative payee do with unused benefits?
§ 408.650 When will we select a new representative payee for you?
§ 408.655 When will we stop making your payments to a representative payee?
§ 408.660 What happens to your accumulated funds when your representative payee changes?
§ 408.665 How does your representative payee account for the use of your SVB payments?
