(a) Explanation of representative payment. This subpart explains the principles and procedures that we follow in determining whether to make representative payment and in selecting a representative payee. It also explains the responsibilities that a representative payee has concerning the use of the funds he or she receives on behalf of a beneficiary. A representative payee may be either a person or an organization selected by us to receive benefits on behalf of a beneficiary. A representative payee will be selected if we believe that the interest of a beneficiary will be served by representative payment rather than direct payment of benefits. Generally, we appoint a representative payee if we have determined that the beneficiary is not able to manage or direct the management of benefit payments in his or her own interest.
(b) Policy used to determine whether to make representative payment. (1) Our policy is that every beneficiary has the right to manage his or her own benefits. However, some beneficiaries due to a mental or physical condition or due to their youth may be unable to do so. Under these circumstances, we may determine that the interests of the beneficiary would be better served if we certified benefit payments to another person as a representative payee.
(2) If we determine that representative payment is in the interest of a beneficiary, we will appoint a representative payee. We may appoint a representative payee even if the beneficiary is a legally competent individual. If the beneficiary is a legally incompetent individual, we may appoint the legal guardian or some other person as a representative payee.
(3) If payment is being made directly to a beneficiary and a question arises concerning his or her ability to manage or direct the management of benefit payments, we will, if the beneficiary is 18 years old or older and has not been adjudged legally incompetent, continue to pay the beneficiary until we make a determination about his or her ability to manage or direct the management of benefit payments and the selection of a representative payee.
[47 FR 30475, July 14, 1982, as amended at 60 FR 8150, Feb. 10, 1995; 91 FR 16830, Apr. 3, 2026]
Notes of Decisions
Malawey v. Malawey (2004)
moctapp
“*529 20 CFR section 416.601(a)(2). For a beneficiary under age 18, the preferred representative payee is the custodial parent, followed by a guardian or a noncustodial parent.”
Adoption of Lenore (2002)
massappct
“” 20 C.F.R. § 416.601 (b)(1) (2001). The representative payee then receives the benefits and spends them in the manner he or she determines “to be in the best interests of the beneficiary.”
Woodall v. Bartolino (1985)
njd · cites it 2×
“§ 1383 (a) and 20 C.F.R. § 416.601 . For our purposes, the regulations governing payments to representatives are the same under both programs.”
In re MacGilvray (2003)
nysupct · cites it 3×
“) The respondent notes that under the applicable Federal statutes and regulations the authority to approve and appoint representative payees is reserved to the Social Security Administration (see, 42 USC § 405 [j]; § 383 [a] [2] [A] [ii]; 20 CFR 416.601, 416.610, 416.615,…”
LAURIE Q. v. Callahan (1997)
cand
“§§ 1383 (a)(2)(A)(ii), (vii); 20 C.F.R. §§ 416.601 (a), 416.621(b)(7). The representative payee must report to the Commissioner at least annually regarding the use of the beneficiary’s payments.”
Yulling v. Califano (1979)
nysd
“20 C.F.R. § 416.601 . We therefore remand to the Secretary for a determination of whether a representative payee should be appointed for plaintiff at such time as plaintiff becomes eligible for SSI benefits, and to endeavor to formulate a program in consultation with plaintiff’s…”
Wilson v. Secretary of Health & Human Services (1982)
ca1
“§ 1383 (a)(2), 1 *675 and the appropriate regulation, 20 C.F.R. § 416.601 (a). That regulation provides: When it appears to the Administration that the interests of a recipient of payments under Title XVI of the Act would be served thereby, certification of payment may be made…”
Weaver v. State (2012)
nyappdiv
“t the time that the claimants filed the instant claim, the statute did not apply to Social Security benefits, inasmuch as the Social Security Act and its federal implementing regulations conferred the authority to approve and appoint representative payees for such benefits upon…”
— 20 C.F.R. § 416.601(a)(2) — 1 case
Malawey v. Malawey (2004)
moctapp
“*529 20 CFR section 416.601(a)(2). For a beneficiary under age 18, the preferred representative payee is the custodial parent, followed by a guardian or a noncustodial parent.”
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