A representative payee has a responsibility to—
(a) Use the benefits received on your behalf only for your use and benefit in a manner and for the purposes he or she determines, under the guidelines in this subpart, to be in your best interests;
(b) Keep any benefits received on your behalf separate from his or her own funds and show your ownership of these benefits unless he or she is your spouse or natural or adoptive parent or stepparent and lives in the same household with you or is a State or local government agency for whom we have granted an exception to this requirement;
(c) Treat any interest earned on the benefits as your property;
(d) Notify us of any event or change in your circumstances that will affect the amount of benefits you receive, your right to receive benefits, or how you receive them;
(e) Submit to us, upon our request, a written report accounting for the benefits received on your behalf, and make all supporting records available for review if requested by us; and
(f) Notify us of any change in his or her circumstances that would affect performance of his/her payee responsibilities.
[71 FR 61407, Oct. 18, 2006]
Notes of Decisions
In re Ryan W. (2013)
md · cites it 3×
“” 20 C.F.R. § 404.2035 (a). The SSA views costs associated with the beneficiary’s “current maintenance” to be valid expenditures satisfying the requirement that benefit payments be applied “for the use and benefit” of the beneficiary and in line with his or her “best interests.”
Y.H. v. M.H. (2018)
calctapp5d · cites it 2×
“( 20 C.F.R. § 404.2035 , subd. (a).) The payee may use benefit payments to satisfy a creditor as to the beneficiary's prior debt "only if the current and reasonably foreseeable needs of the beneficiary are met.”
LaMothe v. LeBlanc (2013)
vt · cites it 2×
“20 C.F.R. § 404.2035 (a) (2012). Payments certified to a representative payee are used for the benefit of the child if they are applied toward the child’s current maintenance, including expenses for food, shelter, clothing, medical care, and personal comfort items.”
Guardianship Estate of Keffeler v. STATE, DSHS (2004)
wash · cites it 2×
“1017 ; 20 C.F.R. §§ 404.2035 , 416.635 (2003). The Commissioner has determined that benefits are used in the best interest of the beneficiary if the benefits are used for current maintenance and care: food, shelter, clothing, medical care, and personal comfort items.”
Bates v. Northwestern Human Services, Inc. (2006)
dcd
“§§ 405 (J)(1)(A) and 1383(a)(2)(A)(ii)(I); see also 20 C.F.R. §§ 404.2035 and 416.635. The payees are subject to “a system of accountability mon *75 itoring” .”
Guardianship Estate of Keffeler v. Department of Social & Health Services (2004)
wash · cites it 2×
“at 376-77 ; 20 C.F.R. §§ 404.2035 , 416.635 (2003). The Commissioner has determined that benefits are used in the best interest of the beneficiary if the benefits are used for current maintenance and care: food, shelter, clothing, medical care, and personal comfort items.”
In Re HAYLEA G. (2013)
wva · cites it 2×
“The duties and responsibilities of the representative payee are contained in 20 C.F.R. § 404.2035 (2006). This section states, A representative payee has a responsibility to- (a) Use the benefits received on your behalf only for your use and benefit in a manner and for the…”
In Re Estate of Merritt (1995)
illappct
“(See 20 C.F.R. § 404.2035 (1993).) It is true that the regulations consider payments to a State institution proper usage of social security benefits.”
— 20 C.F.R. § 404.2035(a) — 2 cases
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