§ 266.4. Information considered in selecting a representative payee.
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/us/cfr/t20/s§ 266.4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In selecting a representative payee, the Board tries to select the person, agency, organization or institution that will best serve the interest of the annuitant. In making this selection, the Board may consider such factors as the following:
(a)The relationship of the person to the annuitant, including the type of relationship, e.g., family or legal guardianship; degree of relationship, if the person is a family member; and the length of association, if a non-family member;
(b)The amount of interest that the person shows in the annuitant, including the contributions the person makes to the welfare of the annuitant and the contacts and frequency of such contacts with the annuitant;
(c)Any legal authority the person, agency, organization or institution has to act on behalf of the annuitant;
(d)Whether the potential payee has custody of the annuitant;
(e)Whether the potential payee is in a position to know of and look after the needs of the annuitant;
(f)Verification of the social security account number, name, address, telephone number, place of employment, and main source of income if applicable, accepted as part of any person's application for designation as a representative payee, unless such person's identification has already been established to the satisfaction of the Board;
(g)Whether an applicant for designation as a representative payee has ever been convicted of a felony or misdemeanor under the statutes administered by the Board or the Social Security Act, or convicted of a felony under any other Federal or State law; and
(h)Whether the services of such person as representative payee have previously been terminated, suspended, or declined by the Board or the Social Security Administration for:
(1)Misuse of the benefits of the annuitant for whom they were intended;
(2)Failure to comply with any provision of or regulation under the Railroad Retirement Act or the Social Security Act; or
(3)Failure to meet the requirements of this part.
(i)Whether the potential payee is a creditor of the annuitant. A creditor who provides goods and services to the annuitant ordinarily may not serve as a representative payee unless such appointment poses no substantial conflict of interest and unless the creditor is:
(1)A relative who resides with the annuitant;
(2)A legal guardian or legal representative of the annuitant; or
(3)A licensed or certified care facility (or owner, administrator or employee thereof) where there annuitant resides.
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§ 266.4
Information considered in selecting a representative payee.
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