(a) We pay benefits to a representative payee on behalf of a beneficiary 18 years old or older when it appears to us that this method of payment will be in the interest of the beneficiary. We do this if we have information that the beneficiary is—
(1) Legally incompetent or mentally incapable of managing benefit payments; or
(2) Physically incapable of managing or directing the management of his or her benefit payments; or
(b) Generally, if a beneficiary is under age 18, we will pay benefits to a representative payee. However, in certain situations, we will make direct payments to a beneficiary under age 18 who shows the ability to manage the benefits. For example, we make direct payment to a beneficiary under age 18 if the beneficiary is—
(1) A parent and files for himself or herself and/or his or her child and he or she has experience in handling his or her own finances; or
(2) Capable of using the benefits to provide for his or her current needs and no qualified payee is available; or
(3) Within 7 months of attaining age 18 and is initially filing an application for benefits.
[47 FR 30475, July 14, 1982, as amended at 54 FR 35483, Aug. 28, 1989; 60 FR 8150, Feb. 10, 1995; 91 FR 16830, Apr. 3, 2026]
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 1996–2025 · leading case:
Peo in Interest of E.Q, 2020 COA 118 (Colo. Ct. App. 2020).
Peo in Interest of E.Q, 2020 COA 118 (Colo. Ct. App. 2020).
“§ 405 (j)(1)(A), (2)(A)(i)-(ii) (2018); 20 C.F.R. § 416.610 (2019) (reciting the principles and procedures that the administration follows in determining whether to make representative payment and in selecting a representative payee).”
Mary Ruth Smith v. Shirley S. Chater, Comm'r of Soc. Sec., 99 F.3d 635 (4th Cir. 1996).
· cites it 2× “A §§ 1382(e)(3)(A), 1383(a)(2)(A) (West 1991), and 20 C.F.R. § 416.610 (a)(3) (1993). Believing that she is not an alcoholic and that she should have been declared disabled due to the combination of her mental retardation and back problems, Smith sought farther review.”
Adams Ex Rel. D.J.W. v. Astrue, 659 F.3d 1297 (10th Cir. 2011).
“In support, the Second *1301 Circuit observed that under the applicable regulations the interests of the plaintiff-parent and his or her minor child are “closely intertwined,” explaining that when an individual under the age of eighteen is entitled to SSI benefits, the…”
Barnes v. Dep't of Human Servs., 42 So. 3d 10 (Miss. 2010).
· cites it 2× “" 20 C.F.R. § 416.610 (2009). Once SSI benefits are awarded, "[n]o restrictions, implied or otherwise, are placed on how recipients spend the Federal payments.”
In Re Guardianship of Smith, 2011 ME 51 (Me. 2011).
“§ 405 (j), Cj)(l)(A); see also 20 C.F.R. § 416.610 (“When payment will be made to a representative payee.”
Hammond v. Comm'r Soc. Sec. Admin. (D. Or. 2023).
“20 C.F.R. § 416.610 states when payment will be made to a representative payee: (a) We pay benefits to a representative payee on behalf of a beneficiary 18 years old or older when it appears to us that this method of payment will be in the interest of the beneficiary.”
Perlman (S.D.N.Y. 2025).
“at 106 (citing 20 C.F.R. § 416.610 (b)), and “[t]he Commissioner’s preferred choice of the ‘representative payee’ is the ‘natural or adoptive parent who has custody of the beneficiary,” id.”
Smith v. Chater (4th Cir. 1996).
· cites it 2× “§§ 1382(e)(3)(A), 1383(a)(2)(A) (West 1991), and 20 C.F.R. § 416.610 (a)(3) (1993). Believing that she is not an alcoholic and that she should have been declared disabled due to the combination of her mental retardation and back problems, Smith sought further review.”
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