NYSACRA

[Federal Register: September 25, 2003 (Volume 68, Number 186)]


[Proposed Rules]               


[Page 55323-55335]


From the Federal Register o­nline via GPO Access [wais.access.gpo.gov]


[DOCID:fr25se03-12]                         





=======================================================================


-----------------------------------------------------------------------





SOCIAL SECURITY ADMINISTRATION





20 CFR Parts 404, 408 and 416





[Regulation Nos. 4, 8, and 16]


RIN 0960-AF83





 


Representative Payment Under Titles II, VIII and XVI of the 


Social Security Act





AGENCY: Social Security Administration (SSA).





ACTION: Proposed rules.





-----------------------------------------------------------------------





SUMMARY: We propose to revise our regulations explaining the procedures 


we follow in determining the need for a representative payee, the 


procedures we follow in selecting a representative payee, the 


responsibilities of a representative payee, and restitution of benefits 


where SSA is negligent under titles II, VIII and XVI of the Social 


Security Act (the Act). This regulation codifies SSA's long-standing 


enacted representative payee policy based o­n statutory changes made 


since 1990. This regulation sets forth our rules applicable to claims 


for special veteran's benefits (SVB) under title VIII of the Act. We 


began making payments under the SVB program in May 2000. We propose to 


add new rules o­n Representative Payment for the SVB program.


    The proposed changes to the representative payee provisions of the 


regulations will reflect several statutory changes that provide 


protection for beneficiaries who need representative payees. These 


proposed changes include representative payment procedures for 


investigating payee applicants, identifying unsuitable applicants, 


making direct payment in some circumstances, providing advance notice 


of our determination to make representative payment, and providing 


affected beneficiaries with the opportunity to appeal our 


determinations. Also included are procedures for making restitution of 


benefits where a payee has misused a beneficiary's payments and SSA was 


negligent in investigating or monitoring the payee, and representative 


payee policies and procedures for the title VIII program.





DATES: To consider your comments, we must receive them no later than 


November 24, 2003.





ADDRESSES: You may give us your comments by: using our Internet site 


facility (i.e., Social Security o­nline) at:



http://policy.ssa.gov/pnpublic.nsf/LawRegs; 


e-mail to 
 This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
 ; 


telefax to (410) 965-2830; or letter to the Commissioner of Social Security, 


P.O. Box 17703, Baltimore, MD 21235-7703. You may also deliver them to the 


Office of Regulations, Social Security Administration, 100 Altmeyer 


Building, 6401 Security Boulevard, Baltimore, MD 21235-6401, between 8 


a.m. and 4:30 p.m. o­n regular business days. Comments are posted o­n our 


Internet site for your review, or you may inspect them physically o­n 


regular business days by making arrangements with the contact person 


shown in this preamble.





Electronic Version





    The electronic file of this document is available o­n the date of 


publication in the Federal Register o­n the Internet site for the 


Government Printing Office, http://www.gpoaccess.gov/fr/index.html. It 


is also available o­n the Internet site for SSA (i.e., Social Security 


Online) at http://policy.ssa.gov/pnpublic.nsf/LawRegs.





FOR FURTHER INFORMATION CONTACT: Regarding this Federal Register 


document--Robert Augustine, Social Insurance Specialist, Office of 


Regulations, Social Security Administration, 6401 Security Boulevard, 


Baltimore, MD 21235-6401, (410) 965-0020 or TTY (410) 966-5609; 


regarding eligibility or filing for benefits--our national toll-free 


number, 1-800-772-1213 or TTY 1-800-325-0778 or visit our internet web 


site, Social Security o­nline at http://www.socialsecurity.gov.





SUPPLEMENTARY INFORMATION:





Background





    We are withdrawing the Notice of Proposed Rulemaking (NPRM) we 


published in the Federal Register o­n March 15, 1994 (59 FR 11949). This 


notice, which includes proposed changes that reflect legislation 


affecting representative payment policies enacted since 1990, replaces 


it.


    Subpart U of part 404 and subpart F of part 416 of our regulations 


explain the principles and procedures that we follow in determining 


whether to make representative payment and in selecting a 


representative payee under the title II and title XVI programs. These 


subparts also describe the responsibilities of a representative payee 


regarding the use of funds the payee receives o­n behalf of the 


beneficiary. Under the authority provided in sections 205(j) and 


1631(a)(2) of the Act and these regulations, we select a representative 


payee for a person receiving Social Security benefits under title II or 


supplemental security income (SSI) benefits under title XVI of the Act 


if we believe that representative payment rather than direct payment of 


benefits is in the interest of that person.


    In selecting a representative payee, we choose the person, agency, 


or organization that we believe will best serve the interest of a 


beneficiary. Any person or organization chosen as a representative 


payee must use benefits and accept all payee responsibilities as 


required under the Act and our regulations.
Text too large to show here.  Click for a [TEXT] or [PDF] copy.