Representative Payment Policies Regulation

Social Security Administration

§ 404.2030

Ron to manage on his own. In this situation,
we would not select the landlord as Ron’s
representative payee because of the substantial conflict of interest and lack of interest
in his well being.

jcorcoran on PROD1PC62 with CFR

[69 FR 60232, Oct. 7, 2004]

§ 404.2024 How do we investigate a
representative payee applicant?
Before selecting an individual or organization to act as your representative payee, we will perform an investigation.
(a) Nature of the investigation. As part
of the investigation, we do the following:
(1) Conduct a face-to-face interview
with the payee applicant unless it is
impracticable as explained in paragraph (b) of this section.
(2) Require the payee applicant to
submit documented proof of identity,
unless information establishing identity has recently been submitted with
an application for title II, VIII or XVI
benefits.
(3) Verify the payee applicant’s Social Security account number or employer identification number.
(4) Determine whether the payee applicant has been convicted of a violation of section 208, 811 or 1632 of the Social Security Act.
(5) Determine whether the payee applicant has previously served as a representative payee and if any previous
appointment as payee was revoked or
terminated for misusing title II, VIII
or XVI benefits.
(6) Use our records to verify the
payee applicant’s employment and/or
direct receipt of title II, VIII, or XVI
benefits.
(7) Verify the payee applicant’s concern for the beneficiary with the beneficiary’s custodian or other interested
person.
(8) Require the payee applicant to
provide adequate information showing
his or her relationship to the beneficiary and to describe his or her responsibility for the care of the beneficiary.
(9) Determine whether the payee applicant is a creditor of the beneficiary
(see § 404.2022(d)).
(b) A face-to-face interview. We may
consider a face-to-face interview impracticable if it would cause the payee
applicant undue hardship. For example,

the payee applicant would have to
travel a great distance to the field office. In this situation, we may conduct
the investigation to determine the
payee applicant’s suitability to serve
as a representative payee without a
face-to-face interview. We may decide
subsequent face-to-face interviews are
impracticable for an organizational
representative payee applicant when
the organization is known by the field
office as a suitable payee. We base this
decision on the organization’s past performance, recent contacts, and its
knowledge of and compliance with reporting requirements.
[69 FR 60233, Oct. 7, 2004]

§ 404.2025 What information must a
representative payee report to us?
Anytime after we select a representative payee for you, we may ask your
payee to give us information showing a
continuing relationship with you, a
continuing responsibility for your care,
and how he/she used the payments on
your behalf. If your representative
payee does not give us the requested
information within a reasonable period
of time, we may stop sending your benefit payment to him/her—unless we determine that he/she had a satisfactory
reason for not meeting our request and
we subsequently receive the requested
information. If we decide to stop sending your payment to your representative payee, we will consider paying you
directly (in accordance with § 404.2011)
while we look for a new payee.
[69 FR 60233, Oct. 7, 2004]

§ 404.2030 How will we notify you
when we decide you need a representative payee?
(a) We notify you in writing of our
determination to make representative
payment. This advance 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.
We provide this notice before we actually appoint the payee. If you are under
age 15, an unemancipated minor under
the age of 18, or legally incompetent,
our written notice goes to your legal
guardian or legal representative. The
advance notice:

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