Sec. 213. ADDITIONAL ACCOUNTABILITY REQUIREMENTS
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## SEC. 213 ADDITIONAL ACCOUNTABILITY REQUIREMENTS ###
(a)Requirement To Establish Account Section 1631(a)(2) (42 U.S.C. 1383(a)(2)) is amended— ####
(1)by redesignating subparagraphs
(F)and
(G)as subparagraphs
(G)and (H), respectively; and ####
(2)by inserting after subparagraph
(E)the following new subparagraph: > > ##### “(F) > > > ######
(i)> > > ######
(I)> > Each representative payee of an eligible individual under the age of 18 who is eligible for the payment of benefits described in subclause
(II)shall establish on behalf of such individual an account in a financial institution into which such benefits shall be paid, and shall thereafter maintain such account for use in accordance with clause (ii). > > > ###### “(II) > > Benefits described in this subclause are past-due monthly benefits under this title (which, for purposes of this subclause, include State supplementary payments made by the Commissioner pursuant to an agreement under section 1616 or section 212(b) of Public Law 93–66) in an amount (after any withholding by the Commissioner for reimbursement to a State for interim assistance under subsection (g)) that exceeds the product of— > > > ###### “(aa) > > 6, and > > > ###### “(bb) > > the maximum monthly benefit payable under this title to an eligible individual. > > > ###### “(ii) > > > ######
(I)> > A representative payee shall use funds in the account established under clause
(i)to pay for allowable expenses described in subclause (II). > > > ###### “(II) > > An allowable expense described in this subclause is an expense for— > > > ###### “(aa) > > education or job skills training; > > > ###### “(bb) > > personal needs assistance; > > > ###### “(cc) > > special equipment; > > > ###### “(dd) > > housing modification; > > > ###### “(ee) > > medical treatment; > > > ###### “(ff) > > therapy or rehabilitation; or > > > ###### “(gg) > > any other item or service that the Commissioner determines to be appropriate; > > provided that such expense benefits such individual and, in the case of an expense described in item (bb), (cc), (dd), (ff), or (gg), is related to the impairment (or combination of impairments) of such individual. > > > ###### “(III) > > The use of funds from an account established under clause
(i)in any manner not authorized by this clause— > > > ###### “(aa) > > by a representative payee shall be considered a misapplication of benefits for all purposes of this paragraph, and any representative payee who knowingly misapplies benefits from such an account shall be liable to the Commissioner in an amount equal to the total amount of such benefits; and > > > ###### “(bb) > > by an eligible individual who is his or her own payee shall be considered a misapplication of benefits for all purposes of this paragraph and the total amount of such benefits so used shall be considered to be the uncompensated value of a disposed resource and shall be subject to the provisions of section 1613(c). > > > ###### “(IV) > > This clause shall continue to apply to funds in the account after the child has reached age 18, regardless of whether benefits are paid directly to the beneficiary or through a representative payee. > > > ###### “(iii) > > The representative payee may deposit into the account established pursuant to clause (i)— > > > ###### “(I) > > past-due benefits payable to the eligible individual in an amount less than that specified in clause (i)(II), and > > > ###### “(II) > > any other funds representing an underpayment under this title to such individual, provided that the amount of such underpayment is equal to or exceeds the maximum monthly benefit payable under this title to an eligible individual. > > > ###### “(iv) > > The Commissioner of Social Security shall establish a system for accountability monitoring whereby such representative payee shall report, at such time and in such manner as the Commissioner shall require, on activity respecting funds in the account established pursuant to clause (i).” > . ###
(b)Exclusion From Resources Section 1613(a) (42 U.S.C. 1382b(a)) is amended— ####
(1)by striking “and” at the end of paragraph (10); ####
(2)by striking the period at the end of paragraph
(11)and inserting “; and”; and ####
(3)by inserting after paragraph
(11)the following new paragraph: > > #### “(12) > > any account, including accrued interest or other earnings thereon, established and maintained in accordance with section 1631(a)(2)(F).” > . ###
(c)Exclusion From Income Section 1612(b) (42 U.S.C. 1382a(b)) is amended— ####
(1)by striking “and” at the end of paragraph (19); ####
(2)by striking the period at the end of paragraph
(20)and inserting “; and”; and ####
(3)by adding at the end the following new paragraph: > > #### “(21) > > the interest or other earnings on any account established and maintained in accordance with section 1631(a)(2)(F).” > . ###
(d)Effective Date The amendments made by this section shall apply to payments made after the date of the enactment of this Act.
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- Pub. L. 93-66
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Sec. 213
ADDITIONAL ACCOUNTABILITY REQUIREMENTS
Pub. L.Pub. L. 93-66
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