20 C.F.R. § 416.635

What are the responsibilities of your representative payee?

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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;

(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;

(f) Notify us of any change in his or her circumstances that would affect performance of his/her payee responsibilities; and

(g) Ensure that you are receiving treatment to the extent considered medically necessary and available for the condition that was the basis for providing benefits (see § 416.994a(i)) if you are under age 18 (including cases in which your low birth weight is a contributing factor material to our determination that you are disabled).

[71 FR 61408, Oct. 18, 2006]

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1993–2026 · leading case: In Re Guardianship of Smith, 2011 ME 51 (Me. 2011).

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In Re Guardianship of Smith, 2011 ME 51 (Me. 2011). · cites it 2× “, 20 C.F.R. §§ 416.635 (“What are the responsibilities of your representative payee?”), 416.”

Carrie Hendrick & a. v. New Hampshire Dep't of Health & Human Servs., 145 A.3d 1055 (N.H. 2016). · cites it 2× “” 20 C.F.R. § 416.635 (a) (2015). SSI funds that “are used for the [child’s] current maintenance” are considered to “have been used for the use and benefit of the [child].”

Guardianship Est. of Keffeler v. Dep't of Soc. & Health Servs., 32 P.3d 267 (Wash. 2001). · cites it 2× “” 20 C.F.R. § 416.635 (a). Current maintenance, including the cost of food, shelter, clothing, medical care, and personal comfort items, is deemed to be for the use and benefit of the beneficiary.”

Adoption of Lenore, 770 N.E.2d 498 (Mass. App. Ct. 2002). “…the benefits and spends them in the manner he or she determines “to be in the best interests of the beneficiary.” 20 C.F.R. § 416.635 (a) (2001).”

Gloria Cannon v. Kenneth S. Apfel, Comm'r of Soc. Sec., 213 F.3d 970 (7th Cir. 2000). “See 20 C.F.R. § 416.635 (a); POMS § GN 00604.”

Martin v. Martin, 874 N.E.2d 1137 (Mass. App. Ct. 2007). “” 20 C.F.R. § 416.635 (a) (2007). The judge justified his deviation from the $102 amount called for by the guidelines by noting that the $75 amount the mother was ordered to pay exceeded the amount of $15.”

Adams v. Adams, 107 So. 3d 194 (Ala. Civ. App. 2012). “621 (a)(1), but the custodial parent may expend those funds only for the use and benefit of the child, 20 C.F.R. § 416.635 , including the current maintenance of the child.”

Rice v. Perales, 156 Misc. 2d 631 (N.Y. Sup. Ct. 1993). “Finally, no supremacy argument can be constructed from the representative payee’s liability for misappropriation of the beneficiary’s funds (20 CFR 416.635, 416.640-416.641) or from the requirement that States pass on cost-of-living increases in Federal SSI funding to recipients…”

Guardianship Est. of Keffeler v. DSHS, 32 P.3d 267 (Wash. 2001). · cites it 2× “" 20 C.F.R. § 416.635 (a). Current maintenance, including the cost of food, shelter, clothing, medical care, and personal comfort items is deemed to be for the use and benefit of the beneficiary.”

State of Alaska, Dep't of Health & Soc. Servs.; Adam Crum in his Off. Capacity as Comm'r of the Dep't; Off. of Child.'s Servs.; Kim Guay, in her Off. Capacity a Dir. of OCS v. Z. C., Through his Next Friend, Lorenz Kaufman, on Behalf of Himself & all Those Similarly Situated, Z.C. v. State of Alaska, Dep't of Health & Soc. Servs. (Alaska 2025). · cites it 2× “2035 (2023) (detailing responsibilities of OASDI rep payee), with 20 C.F.R. § 416.635 (2023) (detailing responsibilities of SSI rep payee).”

Saidin v. The City of New York (S.D.N.Y. 2020). “; 20 C.F.R. §§ 416.635 (a), 416.640(a), and is required to report to the SSA at least once a year “with respect to the use of such payments,” 42 U.”

Mikki (E.D. Mich. 2026). “See 20 C.F.R. § 416.635 (a). determination of overpayment; or (2) request a waiver of the overpayment.”

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