Advance Designation of Representative Payees for Social Security Beneficiaries, 65040-65044 [2019-25569]
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Federal Register / Vol. 84, No. 228 / Tuesday, November 26, 2019 / Proposed Rules
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[FR Doc. 2019–25435 Filed 11–25–19; 8:45 am]
BILLING CODE 4910–13–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404, 408, and 416
[Docket No. SSA–2018–0028]
RIN 0960–AI33
Advance Designation of
Representative Payees for Social
Security Beneficiaries
Social Security Administration.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Strengthening
Protections for Social Security
Beneficiaries Act of 2018 (Strengthening
Protections Act) requires us to
promulgate regulations specifying the
information Social Security
beneficiaries and applicants must
provide to designate a representative
payee in advance of our determination
that the beneficiary needs a
representative payee. We propose to
revise our rules to satisfy this
requirement, and to specify that we will
allow individuals to designate in
advance one or more potential
representative payees. We also explain
how we propose to consider an
individual’s advance designation when
we select a representative payee.
DATES: To ensure that your comments
are considered, we must receive them
by no later than December 26, 2019.
ADDRESSES: You may submit comments
by any one of three methods—internet,
fax, or mail. Do not submit the same
comments multiple times or by more
than one method. Regardless of which
method you choose, please state that
your comments refer to Docket No.
SSA–2018–0028 so that we may
associate your comments with the
correct regulation.
Caution: You should be careful to
include in your comments only
information that you wish to make
publicly available. We strongly urge you
not to include in your comments any
personal information, such as Social
Security numbers or medical
information.
1. Internet: We strongly recommend
that you submit your comments via the
SUMMARY:
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internet. Please visit the Federal
eRulemaking portal at https://
www.regulations.gov. Use the Search
function to find docket number SSA–
2018–0028. The system will issue a
tracking number to confirm your
submission. You will not be able to
view your comment immediately
because we must post each comment
manually. It may take up to a week for
your comment to be viewable.
2. Fax: Fax comments to (410) 966–
2830.
3. Mail: Address your comments to
the Office of Regulations and Reports
Clearance, Social Security
Administration, 3100 West High Rise,
6401 Security Boulevard, Baltimore,
Maryland 21235–6401.
Comments are available for public
viewing on the Federal eRulemaking
portal at https://www.regulations.gov or
in person, during regular business
hours, by arranging with the contact
person identified below.
FOR FURTHER INFORMATION CONTACT:
Peter Smith, Office of Income Security
Programs, Social Security
Administration, 6401 Security
Boulevard, Baltimore, MD 21235–6401,
(410) 966–3235. For information on
eligibility or filing for benefits, call our
national toll-free number, 1–800–772–
1213, or TTY 1–800–325–0778, or visit
our internet site, Social Security Online,
at https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Background on Representative Payees
A representative payee is a person or
an organization that we select to receive
and manage Social Security benefits,
Special Veterans benefits, and
Supplemental Security Income (SSI)
payments on behalf of a beneficiary.
Generally, beneficiaries have the right to
receive their benefits directly and
manage them independently. However,
we may determine that a beneficiary is
unable to manage or direct the
management of benefit payments
because of the beneficiary’s mental or
physical condition, or because of the
beneficiary’s age.1 In these cases, we
appoint a representative payee when we
believe it will serve the beneficiary’s
interest to receive benefits through a
representative payee instead of
receiving them directly.2
When we select a representative
payee, we will choose the designee of
the beneficiary’s highest priority,
provided that the designee is willing
and able to serve, is not prohibited from
1 See 42 U.S.C. 405(j)(1), 807(a), 1383(a)(2)(A)(ii);
20 CFR 404.2001(b), 408.601(b), 416.601(b).
2 See 20 CFR 404.2001(a), 20 CFR 408.601(a), and
20 CFR 416.601(a).
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serving,3 and supports the best interest
of the beneficiary.4 It is important for us
to select the best possible representative
payee to ensure that the benefits are
used for purposes in the best interest of
the beneficiary and in accordance with
other responsibilities and requirements
discussed in our regulations.5
Background on Section 201 of the
Strengthening Protections Act
President Trump signed the
Strengthening Protections Act into law
on April 13, 2018.6 Section 201 of that
Act, ‘‘Advance Designation of
Representative Payees,’’ amends section
205(j)(1) of the Social Security Act 7 to
allow for advance designation of
representative payees. It also requires us
to promulgate regulations specifying the
information that an individual must
provide to designate a representative
payee in advance.
Before we developed these proposed
regulations, we hosted a National
Disability Forum (NDF) on Advance
Designation of Representative Payees, at
which we received feedback from
panelists with experience in fields
relevant to our representative payee
program.8 We considered this feedback
in developing these proposed
regulations.
Explanation of Advance Designation
Section 201 of the Strengthening
Protections Act establishes that
individuals who are entitled to or
applying for a benefit under title II, title
VIII, or title XVI, and who have attained
18 years of age or are emancipated
minors, are permitted to designate in
advance one or more other individuals
as a possible representative payee. We
propose that these applicants or
beneficiaries may designate one or more
possible representative payees, provided
that we have not determined the
applicant or beneficiary is mentally or
physically incapable of managing
benefit payments, or that the applicant
or beneficiary has not been found
legally incompetent. Based on feedback
we received at the NDF, these advance
designations would not expire.
Consistent with the Strengthening
3 See
20 CFR 404.2022 and 416.622.
20 CFR 404.2020 and 416.620.
5 See 20 CFR 404.2035, 408.635, and 416.635 and,
generally, 20 CFR part 404, subpart U, 20 CFR part
408, subpart F, and 20 CFR part 416, subpart F.
6 https://www.congress.gov/bill/115th-congress/
house-bill/4547.
7 42 U.S.C. 405(j)(1).
8 To view additional information and materials
related to the NDF, including panelist biographies
and audio of the morning and afternoon sessions,
go to https://www.ssa.gov/ndf/ndf_
outreach.htm#ht=tab10 and click on the tab for 10/
30/2018.
4 See
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Federal Register / Vol. 84, No. 228 / Tuesday, November 26, 2019 / Proposed Rules
Protections Act, we would only permit
advance designations of individuals, not
organizations.9
We propose that these individuals
may designate possible representative
payees in advance by providing us with
the required information. This required
information would include the name
and telephone number of each advance
designee and the priority order in which
the individual would like us to consider
the advance designees, if more than one
are designated. Our current systems will
allow for an applicant or beneficiary to
designate up to three possible
representative payees, however the
relevant systems prevent us from
receiving more than three designees at
this time. Based on the feedback we
received at the NDF, we also propose
that an individual will have the option
to identify the relationship of the
advance designee to the individual.
Further, we propose to collect and store
the information provided and the date
of the designation for recordkeeping
purposes. We will store the information
in a new system developed for this
purpose. We would not collect the
advance designee’s Social Security
number, which reflects preferences
expressed during the panelist
discussion at the NDF.
We also propose to consider advance
designees first when selecting a
representative payee. When we
determine that a representative payee is
necessary,10 we would first review the
advance designees previously identified
by the individual (if any), in the order
of priority established by the individual.
However, the Strengthening Protections
Act allows us to certify payments to
another individual or organization if the
advance designee is unwilling or unable
to serve, if the payment of the benefits
to the advance designee would not
satisfy the requirements in section
205(j)(2) of the Social Security Act, or if
other good cause exists to not appoint
an advance designee.11 We would
follow the established guidance set forth
in our existing regulations to determine
whether other good cause exists to
appoint another representative payee
who is not one of the advanced
designees.12 If none of the individuals
designated in advance by the individual
are willing, able, or suitable to be a
9 See section 205(j)(1)(C)(ii) of the Act, as
amended by the section 2(a) of the Strengthening
Protections Act, 42 U.S.C. 405(j)(1)(C)(ii).
10 See 20 CFR 404.2010 and 416.610 for when
payment will be made to a representative payee.
11 See section 205(j)(1)(C)(i)(II) of the Act, as
amended by the section 2(a) of the Strengthening
Protections Act, 42 U.S.C. 405(j)(1)(C)(i)(II).
12 See 20 CFR 404.2020, 404.2021, 416.620, and
416.621.
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representative payee, we would then
consider other potential representative
payees by referring to our current
established order of preference for
representative payee selection.13
Our proposed selection process aligns
with the input we received at the NDF,
which underlined the need for a robust
evaluation of an advance designee
during the selection process. Ensuring
that we select a representative payee
who would best serve the beneficiary’s
interest continues to be our primary
concern.
In addition to considering advance
designees during the initial
representative payee selection, we also
propose considering advance designees
when we select a subsequent
representative payee. Accordingly, if an
individual who currently has a
representative payee requires a new
representative payee, we would
consider any other designees identified
by the individual at a time in which that
individual was eligible to make an
advanced designation. If we are unable
to select from remaining advance
designees, we would continue to use the
regulations in subpart U of part 404 and
subpart F of part 416 to guide
representative payee selection.
Finally, we propose that individuals
who are eligible to make advance
designations may withdraw or revise
their advance designations at any time,
provided that at the time of
modification they are still eligible to
make advanced designations, by
informing us of the change in writing,
in person, by telephone, or by direct
electronic submission through our
website. If the individual wishes to
revise advance designations, the
individual must provide the required
information for any newly designated
individuals.
Proposed Changes
For our title II regulations, we propose
to add a new section, § 404.2018
Advance designation of representative
payees, to cover: (1) General information
about advance designation; (2) how to
designate possible representative payees
in advance; (3) how to change an
advance designation; (4) how we
consider an advance designation when
we select a representative payee; (5)
how we consider an advance
designation when we select a
subsequent representative payee; and (6)
that organizations may not be
designated in advance as a possible
representative payee. We also propose
to add paragraph (g) in § 404.2020 to
indicate that we would consider
13 See
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65041
advance designation when we select
representative payees. Finally, we
propose to make a change to § 404.2021
to state that we will consider an
advance designee before our current
order of preference for representative
payees.
For our title XVI regulations, we
propose parallel changes. We would add
a new section, § 416.618 Advance
designation of representative payees, to
cover the same six categories that we
propose for title II. We would also add
paragraph (g) in section § 416.620 to
indicate that we would consider
advance designation when we select
representative payees. Similarly, we
propose to make a change to § 416.621
to state that we will consider an
advance designee before our current
order of preference for representative
payees. Finally, we propose to correct a
grammatical error in the authority
citation for subpart F of part 416.
For title VIII, we propose adding a
new section, § 408.618 Advance
designation of representative payees, to
refer to § 404.2018, § 404.2020, and
§ 404.2021 for relevant information
related to advance designation.
Rulemaking Analyses and Notices
We will consider all comments we
receive on or before the close of
business on the comment closing date
indicated above. The comments will be
available for examination in the
rulemaking docket for these rules at the
above address. We will file comments
received after the comment closing date
in the docket and will consider those
comments to the extent practicable.
However, we will not respond
specifically to untimely comments. We
may publish a final rule at any time
after close of the comment period.
Clarity of These Proposed Rules
Executive Order 12866, as
supplemented by Executive Order
13563, requires each agency to write all
rules in plain language. In addition to
your substantive comments on these
proposed rules, we invite your
comments on how to make them easier
to understand.
For example:
• Would more, but shorter, sections
be better?
• Are the requirements in the rules
clearly stated?
• Have we organized the material to
suit your needs?
• Could we improve clarity by adding
tables, lists, or diagrams?
• What else could we do to make the
rules easier to understand?
• Do the rules contain technical
language or jargon that is not clear?
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Federal Register / Vol. 84, No. 228 / Tuesday, November 26, 2019 / Proposed Rules
• Would a different format make the
rules easier to understand, e.g., grouping
and order of sections, use of headings,
paragraphing?
Regulatory Procedures
Executive Order 12866, as
Supplemented by Executive Order
13563
Regulatory Flexibility Act
We certify that this proposed rule will
not have a significant economic impact
on a substantial number of small entities
because it affects only individuals.
Therefore, the Regulatory Flexibility
Act, as amended, does not require us to
prepare a regulatory flexibility analysis.
E.O. 13771
We consulted with the Office of
Management and Budget (OMB) and
determined that these proposed rules do
not meet the criteria for a significant
regulatory action under Executive Order
12866, as supplemented by Executive
Order 13563.
We also determined that this final
rule meets the plain language
requirement of Executive Order 12866.
Executive Order 13132 (Federalism)
We analyzed this proposed rule in
accordance with the principles and
criteria established by Executive Order
13132, and determined that the
proposed rule will not have sufficient
Federalism implications to warrant the
preparation of a Federalism assessment.
We also determined that this proposed
rule would not preempt any State law
or State regulation or affect the States’
abilities to discharge traditional State
governmental functions.
This proposed rule is not subject to
the requirements of Executive Order
13771 because it is administrative in
nature, and because it does not impose
costs that reach the E.O. 12866
threshold for significance.
Anticipated Costs to Our Programs
SSA’s Office of the Chief Actuary
estimates that implementation of this
rule will result in a very small increase
in program cost for the Social Security
and Supplemental Security Income
programs over the 10-year period 2020
through 2029. This small increase
would be considered de minimis under
E.O. 13771.
Anticipated Administrative Costs to
SSA
Our Office of Budget, Finance, and
Management estimates that this change
will result in administrative costs to the
agency of approximately $275 million
over 10 years, with none of the annual
costs meeting or exceeding the E.O.
Number of
responses
Modality of completion
Frequency of
response
Average
burden per
response
(minutes)
12866 threshold of $100 million. The
administrative estimates comprise the
costs for creating and running the online
application; field office interviews;
employee processing time; and sending
annual mailers.
Paperwork Reduction Act
Section 404.2018 of these proposed
rules imposes a new public reporting
burden: The requirement for affected
members of the public to use SSA’s
prescribed paper form or online
application to submit the names of
advance designees. SSA previously
solicited comment on these proposed
information collection instruments via a
notice published in the Federal
Register.14 In response to that notice,
several members of the public submitted
comments. We provide a document
detailing these comments, as well as our
responses, as a supplemental document
to this proposed rulemaking.
We have not changed the proposed
Information Collection Request (ICR)
since the publication of the abovereferenced standalone Federal Register
notice. However, we are again soliciting
comment on the proposed ICR for
section 404.2018 as part of this notice of
proposed rule. Below is a chart showing
current burden estimates for the
proposed information collection
instruments that will implement section
404.2018.
Average
theoretical
hourly cost
amount
(dollars) *
Estimated total
annual burden
(hours)
Total annual
opportunity
cost
(dollars) **
SSA–4547—Paper Version .....................
SSA–4547—Intranet version (SSI Claims
System; MCS; iMAIN) ..........................
i4547—Internet version ............................
85,733
1
6
8,573
* $16.36
** $140,254
8,451,966
3,201,466
1
1
6
6
845,200
320,147
* 16.36
* 16.36
** 13,827,472
** 5,237,605
Totals ................................................
11,739,194
........................
........................
1,173,919
........................
** 19,205,331
* We based these figures on an average of the hourly wages for the various respondents, which includes: DI; retiree; and survivors’ payments
as reported in SSA’s disability insurance payment data, and the average hourly salary for U.S. workers, as reported by Bureau of Labor Statistics
data.
** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to
respondents to complete the application. The total estimated burden hours for this ICR is 1,173,919 hours (reflecting SSA management information data), which results in an associated theoretical (not actual) opportunity cost financial burden of $19,205,331. This figure represents the theoretical amount a respondent could have earned during the time they completed the form. SSA does not actually charge respondents to complete our applications.
We note that this burden calculation
assumes 100 percent of beneficiaries
and applicants who are eligible to
advance designate will choose to do so.
We are requesting public comments
on this Information Collection Request.
We are soliciting comments on the
burden estimate; the need for the
information; its practical utility; ways to
14 August
enhance its quality, utility, and clarity;
and ways to minimize the burden on
respondents, including the use of
automated techniques or other forms of
information technology. If you would
like to submit comments, please send
them to the following locations:
Office of Management and Budget, Attn:
Desk Officer for SSA, Fax Number:
202–395–6974, Email address: OIRA_
Submission@omb.eop.gov.
Social Security Administration, OLCA,
Attn: Reports Clearance Director, 3100
West High Rise, 6401 Security Blvd.,
Baltimore, MD 21235, Fax: 410–966–
2830, Email address:
OR.Reports.Clearance@ssa.gov.
13, 2019 at 84 FR 40121
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Federal Register / Vol. 84, No. 228 / Tuesday, November 26, 2019 / Proposed Rules
You can submit comments until
December 26, 2019, which is 30 days
after the publication of this proposed
rule. To receive a copy of the OMB
clearance package, contact the SSA
Reports Clearance Officer using any of
the above contact methods. We prefer to
receive comments by email or fax.
(Catalog of Federal Domestic Assistance
Program Nos. 96.001, Social Security—
Disability Insurance; 96.002, Social
Security—Retirement Insurance; 96.004,
Social Security—Survivors Insurance; and
96.006, Supplemental Security Income).
List of Subjects
20 CFR Part 404
Administrative practice and
procedure; Blind, Disability benefits;
Old-Age, Survivors, and Disability
Insurance; Reporting and recordkeeping
requirements; Social Security.
20 CFR Part 408
Administrative practice and
procedure; Reporting and recordkeeping
requirements; Social security;
Supplemental Security Income (SSI),
Veterans.
20 CFR Part 416
Administrative practice and
procedure; Reporting and recordkeeping
requirements; Social security;
Supplemental Security Income (SSI).
Andrew Saul,
Commissioner of Social Security.
For the reasons stated in the
preamble, we propose to amend subpart
U of part 404 of title 20 of the Code of
Federal Regulations as set forth below:
PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950–)
1. The authority citation for subpart U
of part 404 continues to read as follows:
■
Authority: Secs. 205(a), (j), and (k), and
702(a)(5) of the Social Security Act (42 U.S.C.
405(a), (j), and (k), and 902(a)(5)).
2. Add section § 404.2018 to read as
follows:
■
§ 404.2018 Advance designation of
representative payees.
(a) General. An individual who:
(1) Is entitled to or an applicant for a
benefit and;
(2) Has attained 18 years of age or is
an emancipated minor, may designate in
advance one or more individuals to
possibly serve as a representative payee
for the individual if we determine that
payment will be made to a
representative payee (see § 404.2010(a)).
An individual may not designate in
advance possible representative payees
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if we have information that the
individual is either- legally incompetent
or mentally incapable of managing his
or her benefit payments; or physically
incapable of managing or directing the
management of his or her benefit
payments.
(b) How to designate possible
representative payees in advance.
Individuals who meet the requirements
in paragraph (a) of this section may
designate in advance their choice(s) for
possible representative payees by
indicating their decision to designate a
representative payee in advance and
providing us with the required
information. In addition to the required
information, an individual may choose
to provide us with the relationship of
the advance designee to the individual.
The information we require before we
will consider an advance designee as a
possible representative payee is:
(1) The name of the advance designee,
(2) A telephone number of the
advance designee, and
(3) The order of priority in which the
individual would like us to consider the
advance designees, if he or she
designates more than one advance
designee.
(c) How to make changes to advance
designation. Individuals who meet the
requirements in paragraph (a) of this
section may change their advance
designees by informing us of the change
and providing the required information
(see paragraph (b)(1) through (3) of this
section) to us. Individuals who meet the
requirements in paragraph (a) of this
section may withdraw their advance
designation by informing us of the
withdrawal.
(d) How we consider advance
designation when we select a
representative payee.
(1) If we determine that payment will
be made to a representative payee, we
will review an individual’s advance
designees in the order listed by the
individual and select the first advance
designee who meets the criteria for
selection. To meet the criteria for
selection—
(i) The advance designee must be
willing and able to serve as a
representative payee,
(ii) Appointment of the advance
designee must comply with the
requirements in section 205(j)(2) of the
Social Security Act, and
(iii) There must be no other good
cause (see §§ 404.2020 and 404.2021) to
prevent us from selecting the advance
designee.
(2) If none of the advance designees
meet the criteria for selection, we will
use our list of categories of preferred
payees (see § 404.2021), along with our
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65043
other regulations in subpart U of this
part, as a guide to select a suitable
representative payee.
(e) How we consider advance
designation when we select a
subsequent representative payee. If an
individual who currently has a
representative payee requires a change
of representative payee, we will
consider any other designees identified
by the individual at a time in which that
individual was eligible to make an
advanced designation, under paragraph
(d) of this section.
(f) Organizations. An individual may
not designate in advance an
organization to serve as his or her
possible representative payees.
■ 3. Amend § 404.2020 by
■ a. Revising paragraphs (e), and (f),
and;
■ b. Adding paragraph (g).
The revisions and addition reads as
follows:
§ 404.2020 Information considered in
selecting a representative payee.
*
*
*
*
*
(e) Whether the potential payee is in
a position to know of and look after the
needs of the beneficiary;
(f) The potential payee’s criminal
history; and
(g) Whether the beneficiary made an
advance designation (see § 404.2018).
■ 4. Amend § 404.2021 by revising the
introductory paragraph to read as
follows:
§ 404.2021 What is our order of preference
in selecting a representative payee for you?
As a guide in selecting a
representative payee, we have
established categories of preferred
payees. These preferences are flexible.
We will consider an individual’s
advance designee(s) (see § 404.2018)
before we consider other potential
representative payees in the categories
of preferred payees listed in this section.
When we select a representative payee,
we will choose the designee of the
beneficiary’s highest priority, provided
that the designee is willing and able to
serve, is not prohibited from serving
(see § 404.2022), and supports the best
interest of the beneficiary (see
§ 404.2020). The preferences are:
*
*
*
*
*
PART 408—SPECIAL BENEFITS FOR
CERTAIN WORLD WAR II VETERANS
5. The authority citation for subpart F
of part 408 is revised to read as follows:
■
Authority: Secs. 205(j)(1)(C), 702(a)(5), 807,
and 810 of the Social Security Act (42 U.S.C.
405(j)(1)(C), 902(a)(5), 1007, and 1010).
6. Add § 408.618 to subpart F to read
as follows:
■
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Federal Register / Vol. 84, No. 228 / Tuesday, November 26, 2019 / Proposed Rules
§ 408.618 Advance designation of
representative payees.
For information about advance
designation, how to designate
representative payees in advance, how
to make changes to advance
designations, how we consider an
advance designation when we select a
representative payee, how we consider
an advance designation when we select
a subsequent representative payee, and
other relevant information, see
§§ 404.2018, 404.2020, and 404.2021 of
this chapter.
PART416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
7. The authority citation for subpart F
of part 416 is revised to read as follows:
■
Authority: Secs. 205(j)(1)(C), 702(a)(5),
1631(a)(2) and (d)(1) of the Social Security
Act (42 U.S.C. 405(j)(1)(C), 902(a)(5),
1383(a)(2) and (d)(1)).
8. Add § 416.618 to subpart F to read
as follows:
■
§ 416.618 Advance designation of
representative payees.
(a) General. An individual who:
(1) Is eligible for or an applicant for
a benefit; and
(2) Has attained 18 years of age or is
an emancipated minor, may designate in
advance one or more individuals to
possibly serve as a representative payee
for the individual if we determine that
payment will be made to a
representative payee (see § 416.610(a)).
An individual may not designate in
advance possible representative payees
if we have information that the
individual is either legally incompetent
or mentally incapable of managing his
or her benefit payments; or physically
incapable of managing or directing the
management of his or her benefit
payments.
(b) How to designate possible
representative payees in advance.
Individuals who meet the requirements
in paragraph (a) of this section may
designate in advance their choice(s) for
possible representative payees by
indicating their decision to designate a
representative payee in advance and
providing us with the required
information. In addition to the required
information, an individual may choose
to provide us with the relationship of
the advance designee to the individual.
The information we require before we
will consider an advance designee as a
possible representative payee is:
(1) The name of the advance designee,
(2) A telephone number of the
advance designee, and
(3) The order of priority in which the
individual would like us to consider the
VerDate Sep<11>2014
17:02 Nov 25, 2019
Jkt 250001
advance designees if he or she
designates more than one advance
designee.
(c) How to make changes to advance
designation. Individuals who meet the
requirements in paragraph (a) of this
section may change their advance
designees by informing us of the change
and providing the required information
(see paragraph (b)(1) through (3) of this
section) to us. Individuals who meet the
requirements in paragraph (a) of this
section may withdraw their advance
designation by informing us of the
withdrawal.
(d) How we consider advance
designation when we select a
representative payee.
(1) If we determine that payment will
be made to a representative payee, we
will review advance designees in the
order listed by the individual and select
the first advance designee who meets
the criteria for selection. To meet the
criteria for selection—
(i) The advance designee must be
willing and able to serve as a
representative payee,
(ii) Appointment of the advance
designee must comply with the
requirements in section 205(j)(2) of the
Social Security Act, and
(iii) There must be no other good
cause (see §§ 416.620 and 416.621) to
prevent us from selecting the advance
designee.
(2) If none of the advance designees
meet the criteria for selection, we will
use our list of categories of preferred
payees (see § 416.621), along with our
other regulations in subpart F of this
part, as a guide to select a suitable
representative payee.
(e) How we consider advance
designation when we select a
subsequent representative payee. If an
individual who currently has a
representative payee requires a change
of representative payee, we will
consider any other designees identified
by the individual at a time in which that
individual was eligible to make an
advanced designation, under paragraph
(d) of this section.
(f) Organizations. An individual may
not designate in advance an
organization to serve as his or her
possible representative payee.
■ 9. Amend § 416.620 by
■ a. Revising paragraphs (e) and (f), and
■ b. Adding paragraph (g):
The revisions and addition reads as
follows:
§ 416.620 Information considered in
selecting a representative payee.
*
*
*
*
*
(e) Whether the potential payee is in
a position to know of and look after the
needs of the beneficiary;
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
(f) The potential payee’s criminal
history; and
(g) Whether the beneficiary made an
advance designation (see § 416.618).
■ 10. Amend § 416.621 by revising the
introductory paragraph to read as
follows:
§ 416.621 What is our order of preference
in selecting a representative payee for you?
As a guide in selecting a
representative payee, we have
established categories of preferred
payees. These preferences are flexible.
We will consider an individual’s
advance designees (see § 416.618) before
we consider other potential
representative payees in the categories
of preferred payees listed in this section.
When we select a representative payee,
we will choose the designee of the
beneficiary’s highest priority, provided
that the designee is willing and able to
serve, is not prohibited from serving
(see § 416.622), and supports the best
interest of the beneficiary (see
§ 416.620). The preferences are:
*
*
*
*
*
[FR Doc. 2019–25569 Filed 11–25–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 1100, 1107, and 1114
[Docket No. FDA–2019–N–2854]
RIN 0910–AH44
Premarket Tobacco Product
Applications and Recordkeeping
Requirements; Reopening of the
Comment Period
AGENCY:
Food and Drug Administration,
HHS.
Proposed rule; reopening of the
comment period.
ACTION:
The Food and Drug
Administration (FDA or the Agency) is
reopening the comment period for the
proposed rulemaking that appeared in
the Federal Register of September 25,
2019. The Agency is taking this action
in response to a request for an extension
to the comment period to allow
interested persons additional time to
submit comments.
DATES: FDA is reopening the comment
period on the proposed rule published
September 25, 2019 (84 FR 50566).
Submit either electronic or written
comments December 16, 2019.
ADDRESSES: You may submit comments
as follows. Please note that late,
SUMMARY:
E:\FR\FM\26NOP1.SGM
26NOP1
]]>Agencies
[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Proposed Rules]
[Pages 65040-65044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25569]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404, 408, and 416
[Docket No. SSA-2018-0028]
RIN 0960-AI33
Advance Designation of Representative Payees for Social Security
Beneficiaries
AGENCY: Social Security Administration.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Strengthening Protections for Social Security
Beneficiaries Act of 2018 (Strengthening Protections Act) requires us
to promulgate regulations specifying the information Social Security
beneficiaries and applicants must provide to designate a representative
payee in advance of our determination that the beneficiary needs a
representative payee. We propose to revise our rules to satisfy this
requirement, and to specify that we will allow individuals to designate
in advance one or more potential representative payees. We also explain
how we propose to consider an individual's advance designation when we
select a representative payee.
DATES: To ensure that your comments are considered, we must receive
them by no later than December 26, 2019.
ADDRESSES: You may submit comments by any one of three methods--
internet, fax, or mail. Do not submit the same comments multiple times
or by more than one method. Regardless of which method you choose,
please state that your comments refer to Docket No. SSA-2018-0028 so
that we may associate your comments with the correct regulation.
Caution: You should be careful to include in your comments only
information that you wish to make publicly available. We strongly urge
you not to include in your comments any personal information, such as
Social Security numbers or medical information.
1. Internet: We strongly recommend that you submit your comments
via the internet. Please visit the Federal eRulemaking portal at https://www.regulations.gov. Use the Search function to find docket number
SSA-2018-0028. The system will issue a tracking number to confirm your
submission. You will not be able to view your comment immediately
because we must post each comment manually. It may take up to a week
for your comment to be viewable.
2. Fax: Fax comments to (410) 966-2830.
3. Mail: Address your comments to the Office of Regulations and
Reports Clearance, Social Security Administration, 3100 West High Rise,
6401 Security Boulevard, Baltimore, Maryland 21235-6401.
Comments are available for public viewing on the Federal
eRulemaking portal at https://www.regulations.gov or in person, during
regular business hours, by arranging with the contact person identified
below.
FOR FURTHER INFORMATION CONTACT: Peter Smith, Office of Income Security
Programs, Social Security Administration, 6401 Security Boulevard,
Baltimore, MD 21235-6401, (410) 966-3235. For information on
eligibility or filing for benefits, call our national toll-free number,
1-800-772-1213, or TTY 1-800-325-0778, or visit our internet site,
Social Security Online, at https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Background on Representative Payees
A representative payee is a person or an organization that we
select to receive and manage Social Security benefits, Special Veterans
benefits, and Supplemental Security Income (SSI) payments on behalf of
a beneficiary. Generally, beneficiaries have the right to receive their
benefits directly and manage them independently. However, we may
determine that a beneficiary is unable to manage or direct the
management of benefit payments because of the beneficiary's mental or
physical condition, or because of the beneficiary's age.\1\ In these
cases, we appoint a representative payee when we believe it will serve
the beneficiary's interest to receive benefits through a representative
payee instead of receiving them directly.\2\
---------------------------------------------------------------------------
\1\ See 42 U.S.C. 405(j)(1), 807(a), 1383(a)(2)(A)(ii); 20 CFR
404.2001(b), 408.601(b), 416.601(b).
\2\ See 20 CFR 404.2001(a), 20 CFR 408.601(a), and 20 CFR
416.601(a).
---------------------------------------------------------------------------
When we select a representative payee, we will choose the designee
of the beneficiary's highest priority, provided that the designee is
willing and able to serve, is not prohibited from serving,\3\ and
supports the best interest of the beneficiary.\4\ It is important for
us to select the best possible representative payee to ensure that the
benefits are used for purposes in the best interest of the beneficiary
and in accordance with other responsibilities and requirements
discussed in our regulations.\5\
---------------------------------------------------------------------------
\3\ See 20 CFR 404.2022 and 416.622.
\4\ See 20 CFR 404.2020 and 416.620.
\5\ See 20 CFR 404.2035, 408.635, and 416.635 and, generally, 20
CFR part 404, subpart U, 20 CFR part 408, subpart F, and 20 CFR part
416, subpart F.
---------------------------------------------------------------------------
Background on Section 201 of the Strengthening Protections Act
President Trump signed the Strengthening Protections Act into law
on April 13, 2018.\6\ Section 201 of that Act, ``Advance Designation of
Representative Payees,'' amends section 205(j)(1) of the Social
Security Act \7\ to allow for advance designation of representative
payees. It also requires us to promulgate regulations specifying the
information that an individual must provide to designate a
representative payee in advance.
---------------------------------------------------------------------------
\6\ https://www.congress.gov/bill/115th-congress/house-bill/4547.
\7\ 42 U.S.C. 405(j)(1).
---------------------------------------------------------------------------
Before we developed these proposed regulations, we hosted a
National Disability Forum (NDF) on Advance Designation of
Representative Payees, at which we received feedback from panelists
with experience in fields relevant to our representative payee
program.\8\ We considered this feedback in developing these proposed
regulations.
---------------------------------------------------------------------------
\8\ To view additional information and materials related to the
NDF, including panelist biographies and audio of the morning and
afternoon sessions, go to https://www.ssa.gov/ndf/ndf_outreach.htm#ht=tab10 and click on the tab for 10/30/2018.
---------------------------------------------------------------------------
Explanation of Advance Designation
Section 201 of the Strengthening Protections Act establishes that
individuals who are entitled to or applying for a benefit under title
II, title VIII, or title XVI, and who have attained 18 years of age or
are emancipated minors, are permitted to designate in advance one or
more other individuals as a possible representative payee. We propose
that these applicants or beneficiaries may designate one or more
possible representative payees, provided that we have not determined
the applicant or beneficiary is mentally or physically incapable of
managing benefit payments, or that the applicant or beneficiary has not
been found legally incompetent. Based on feedback we received at the
NDF, these advance designations would not expire. Consistent with the
Strengthening
[[Page 65041]]
Protections Act, we would only permit advance designations of
individuals, not organizations.\9\
---------------------------------------------------------------------------
\9\ See section 205(j)(1)(C)(ii) of the Act, as amended by the
section 2(a) of the Strengthening Protections Act, 42 U.S.C.
405(j)(1)(C)(ii).
---------------------------------------------------------------------------
We propose that these individuals may designate possible
representative payees in advance by providing us with the required
information. This required information would include the name and
telephone number of each advance designee and the priority order in
which the individual would like us to consider the advance designees,
if more than one are designated. Our current systems will allow for an
applicant or beneficiary to designate up to three possible
representative payees, however the relevant systems prevent us from
receiving more than three designees at this time. Based on the feedback
we received at the NDF, we also propose that an individual will have
the option to identify the relationship of the advance designee to the
individual. Further, we propose to collect and store the information
provided and the date of the designation for recordkeeping purposes. We
will store the information in a new system developed for this purpose.
We would not collect the advance designee's Social Security number,
which reflects preferences expressed during the panelist discussion at
the NDF.
We also propose to consider advance designees first when selecting
a representative payee. When we determine that a representative payee
is necessary,\10\ we would first review the advance designees
previously identified by the individual (if any), in the order of
priority established by the individual. However, the Strengthening
Protections Act allows us to certify payments to another individual or
organization if the advance designee is unwilling or unable to serve,
if the payment of the benefits to the advance designee would not
satisfy the requirements in section 205(j)(2) of the Social Security
Act, or if other good cause exists to not appoint an advance
designee.\11\ We would follow the established guidance set forth in our
existing regulations to determine whether other good cause exists to
appoint another representative payee who is not one of the advanced
designees.\12\ If none of the individuals designated in advance by the
individual are willing, able, or suitable to be a representative payee,
we would then consider other potential representative payees by
referring to our current established order of preference for
representative payee selection.\13\
---------------------------------------------------------------------------
\10\ See 20 CFR 404.2010 and 416.610 for when payment will be
made to a representative payee.
\11\ See section 205(j)(1)(C)(i)(II) of the Act, as amended by
the section 2(a) of the Strengthening Protections Act, 42 U.S.C.
405(j)(1)(C)(i)(II).
\12\ See 20 CFR 404.2020, 404.2021, 416.620, and 416.621.
\13\ See 20 CFR 404.2021 and 416.621
---------------------------------------------------------------------------
Our proposed selection process aligns with the input we received at
the NDF, which underlined the need for a robust evaluation of an
advance designee during the selection process. Ensuring that we select
a representative payee who would best serve the beneficiary's interest
continues to be our primary concern.
In addition to considering advance designees during the initial
representative payee selection, we also propose considering advance
designees when we select a subsequent representative payee.
Accordingly, if an individual who currently has a representative payee
requires a new representative payee, we would consider any other
designees identified by the individual at a time in which that
individual was eligible to make an advanced designation. If we are
unable to select from remaining advance designees, we would continue to
use the regulations in subpart U of part 404 and subpart F of part 416
to guide representative payee selection.
Finally, we propose that individuals who are eligible to make
advance designations may withdraw or revise their advance designations
at any time, provided that at the time of modification they are still
eligible to make advanced designations, by informing us of the change
in writing, in person, by telephone, or by direct electronic submission
through our website. If the individual wishes to revise advance
designations, the individual must provide the required information for
any newly designated individuals.
Proposed Changes
For our title II regulations, we propose to add a new section,
Sec. 404.2018 Advance designation of representative payees, to cover:
(1) General information about advance designation; (2) how to designate
possible representative payees in advance; (3) how to change an advance
designation; (4) how we consider an advance designation when we select
a representative payee; (5) how we consider an advance designation when
we select a subsequent representative payee; and (6) that organizations
may not be designated in advance as a possible representative payee. We
also propose to add paragraph (g) in Sec. 404.2020 to indicate that we
would consider advance designation when we select representative
payees. Finally, we propose to make a change to Sec. 404.2021 to state
that we will consider an advance designee before our current order of
preference for representative payees.
For our title XVI regulations, we propose parallel changes. We
would add a new section, Sec. 416.618 Advance designation of
representative payees, to cover the same six categories that we propose
for title II. We would also add paragraph (g) in section Sec. 416.620
to indicate that we would consider advance designation when we select
representative payees. Similarly, we propose to make a change to Sec.
416.621 to state that we will consider an advance designee before our
current order of preference for representative payees. Finally, we
propose to correct a grammatical error in the authority citation for
subpart F of part 416.
For title VIII, we propose adding a new section, Sec. 408.618
Advance designation of representative payees, to refer to Sec.
404.2018, Sec. 404.2020, and Sec. 404.2021 for relevant information
related to advance designation.
Rulemaking Analyses and Notices
We will consider all comments we receive on or before the close of
business on the comment closing date indicated above. The comments will
be available for examination in the rulemaking docket for these rules
at the above address. We will file comments received after the comment
closing date in the docket and will consider those comments to the
extent practicable. However, we will not respond specifically to
untimely comments. We may publish a final rule at any time after close
of the comment period.
Clarity of These Proposed Rules
Executive Order 12866, as supplemented by Executive Order 13563,
requires each agency to write all rules in plain language. In addition
to your substantive comments on these proposed rules, we invite your
comments on how to make them easier to understand.
For example:
Would more, but shorter, sections be better?
Are the requirements in the rules clearly stated?
Have we organized the material to suit your needs?
Could we improve clarity by adding tables, lists, or
diagrams?
What else could we do to make the rules easier to
understand?
Do the rules contain technical language or jargon that is
not clear?
[[Page 65042]]
Would a different format make the rules easier to
understand, e.g., grouping and order of sections, use of headings,
paragraphing?
Regulatory Procedures
Executive Order 12866, as Supplemented by Executive Order 13563
We consulted with the Office of Management and Budget (OMB) and
determined that these proposed rules do not meet the criteria for a
significant regulatory action under Executive Order 12866, as
supplemented by Executive Order 13563.
We also determined that this final rule meets the plain language
requirement of Executive Order 12866.
Executive Order 13132 (Federalism)
We analyzed this proposed rule in accordance with the principles
and criteria established by Executive Order 13132, and determined that
the proposed rule will not have sufficient Federalism implications to
warrant the preparation of a Federalism assessment. We also determined
that this proposed rule would not preempt any State law or State
regulation or affect the States' abilities to discharge traditional
State governmental functions.
Regulatory Flexibility Act
We certify that this proposed rule will not have a significant
economic impact on a substantial number of small entities because it
affects only individuals. Therefore, the Regulatory Flexibility Act, as
amended, does not require us to prepare a regulatory flexibility
analysis.
E.O. 13771
This proposed rule is not subject to the requirements of Executive
Order 13771 because it is administrative in nature, and because it does
not impose costs that reach the E.O. 12866 threshold for significance.
Anticipated Costs to Our Programs
SSA's Office of the Chief Actuary estimates that implementation of
this rule will result in a very small increase in program cost for the
Social Security and Supplemental Security Income programs over the 10-
year period 2020 through 2029. This small increase would be considered
de minimis under E.O. 13771.
Anticipated Administrative Costs to SSA
Our Office of Budget, Finance, and Management estimates that this
change will result in administrative costs to the agency of
approximately $275 million over 10 years, with none of the annual costs
meeting or exceeding the E.O. 12866 threshold of $100 million. The
administrative estimates comprise the costs for creating and running
the online application; field office interviews; employee processing
time; and sending annual mailers.
Paperwork Reduction Act
Section 404.2018 of these proposed rules imposes a new public
reporting burden: The requirement for affected members of the public to
use SSA's prescribed paper form or online application to submit the
names of advance designees. SSA previously solicited comment on these
proposed information collection instruments via a notice published in
the Federal Register.\14\ In response to that notice, several members
of the public submitted comments. We provide a document detailing these
comments, as well as our responses, as a supplemental document to this
proposed rulemaking.
---------------------------------------------------------------------------
\14\ August 13, 2019 at 84 FR 40121
---------------------------------------------------------------------------
We have not changed the proposed Information Collection Request
(ICR) since the publication of the above-referenced standalone Federal
Register notice. However, we are again soliciting comment on the
proposed ICR for section 404.2018 as part of this notice of proposed
rule. Below is a chart showing current burden estimates for the
proposed information collection instruments that will implement section
404.2018.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average
Average Estimated theoretical Total annual
Modality of completion Number of Frequency of burden per total annual hourly cost opportunity
responses response response burden (hours) amount cost
(minutes) (dollars) * (dollars) **
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA-4547--Paper Version................................. 85,733 1 6 8,573 * $16.36 ** $140,254
SSA-4547--Intranet version (SSI Claims System; MCS; 8,451,966 1 6 845,200 * 16.36 ** 13,827,472
iMAIN).................................................
i4547--Internet version................................. 3,201,466 1 6 320,147 * 16.36 ** 5,237,605
-----------------------------------------------------------------------------------------------
Totals.............................................. 11,739,194 .............. .............. 1,173,919 .............. ** 19,205,331
--------------------------------------------------------------------------------------------------------------------------------------------------------
* We based these figures on an average of the hourly wages for the various respondents, which includes: DI; retiree; and survivors' payments as reported
in SSA's disability insurance payment data, and the average hourly salary for U.S. workers, as reported by Bureau of Labor Statistics data.
** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather,
these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to
respondents to complete the application. The total estimated burden hours for this ICR is 1,173,919 hours (reflecting SSA management information
data), which results in an associated theoretical (not actual) opportunity cost financial burden of $19,205,331. This figure represents the
theoretical amount a respondent could have earned during the time they completed the form. SSA does not actually charge respondents to complete our
applications.
We note that this burden calculation assumes 100 percent of
beneficiaries and applicants who are eligible to advance designate will
choose to do so.
We are requesting public comments on this Information Collection
Request. We are soliciting comments on the burden estimate; the need
for the information; its practical utility; ways to enhance its
quality, utility, and clarity; and ways to minimize the burden on
respondents, including the use of automated techniques or other forms
of information technology. If you would like to submit comments, please
send them to the following locations:
Office of Management and Budget, Attn: Desk Officer for SSA, Fax
Number: 202-395-6974, Email address: [email protected].
Social Security Administration, OLCA, Attn: Reports Clearance Director,
3100 West High Rise, 6401 Security Blvd., Baltimore, MD 21235, Fax:
410-966-2830, Email address: [email protected].
[[Page 65043]]
You can submit comments until December 26, 2019, which is 30 days
after the publication of this proposed rule. To receive a copy of the
OMB clearance package, contact the SSA Reports Clearance Officer using
any of the above contact methods. We prefer to receive comments by
email or fax.
(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
Security--Disability Insurance; 96.002, Social Security--Retirement
Insurance; 96.004, Social Security--Survivors Insurance; and 96.006,
Supplemental Security Income).
List of Subjects
20 CFR Part 404
Administrative practice and procedure; Blind, Disability benefits;
Old-Age, Survivors, and Disability Insurance; Reporting and
recordkeeping requirements; Social Security.
20 CFR Part 408
Administrative practice and procedure; Reporting and recordkeeping
requirements; Social security; Supplemental Security Income (SSI),
Veterans.
20 CFR Part 416
Administrative practice and procedure; Reporting and recordkeeping
requirements; Social security; Supplemental Security Income (SSI).
Andrew Saul,
Commissioner of Social Security.
For the reasons stated in the preamble, we propose to amend subpart
U of part 404 of title 20 of the Code of Federal Regulations as set
forth below:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950-)
0
1. The authority citation for subpart U of part 404 continues to read
as follows:
Authority: Secs. 205(a), (j), and (k), and 702(a)(5) of the
Social Security Act (42 U.S.C. 405(a), (j), and (k), and 902(a)(5)).
0
2. Add section Sec. 404.2018 to read as follows:
Sec. 404.2018 Advance designation of representative payees.
(a) General. An individual who:
(1) Is entitled to or an applicant for a benefit and;
(2) Has attained 18 years of age or is an emancipated minor, may
designate in advance one or more individuals to possibly serve as a
representative payee for the individual if we determine that payment
will be made to a representative payee (see Sec. 404.2010(a)). An
individual may not designate in advance possible representative payees
if we have information that the individual is either- legally
incompetent or mentally incapable of managing his or her benefit
payments; or physically incapable of managing or directing the
management of his or her benefit payments.
(b) How to designate possible representative payees in advance.
Individuals who meet the requirements in paragraph (a) of this section
may designate in advance their choice(s) for possible representative
payees by indicating their decision to designate a representative payee
in advance and providing us with the required information. In addition
to the required information, an individual may choose to provide us
with the relationship of the advance designee to the individual. The
information we require before we will consider an advance designee as a
possible representative payee is:
(1) The name of the advance designee,
(2) A telephone number of the advance designee, and
(3) The order of priority in which the individual would like us to
consider the advance designees, if he or she designates more than one
advance designee.
(c) How to make changes to advance designation. Individuals who
meet the requirements in paragraph (a) of this section may change their
advance designees by informing us of the change and providing the
required information (see paragraph (b)(1) through (3) of this section)
to us. Individuals who meet the requirements in paragraph (a) of this
section may withdraw their advance designation by informing us of the
withdrawal.
(d) How we consider advance designation when we select a
representative payee.
(1) If we determine that payment will be made to a representative
payee, we will review an individual's advance designees in the order
listed by the individual and select the first advance designee who
meets the criteria for selection. To meet the criteria for selection--
(i) The advance designee must be willing and able to serve as a
representative payee,
(ii) Appointment of the advance designee must comply with the
requirements in section 205(j)(2) of the Social Security Act, and
(iii) There must be no other good cause (see Sec. Sec. 404.2020
and 404.2021) to prevent us from selecting the advance designee.
(2) If none of the advance designees meet the criteria for
selection, we will use our list of categories of preferred payees (see
Sec. 404.2021), along with our other regulations in subpart U of this
part, as a guide to select a suitable representative payee.
(e) How we consider advance designation when we select a subsequent
representative payee. If an individual who currently has a
representative payee requires a change of representative payee, we will
consider any other designees identified by the individual at a time in
which that individual was eligible to make an advanced designation,
under paragraph (d) of this section.
(f) Organizations. An individual may not designate in advance an
organization to serve as his or her possible representative payees.
0
3. Amend Sec. 404.2020 by
0
a. Revising paragraphs (e), and (f), and;
0
b. Adding paragraph (g).
The revisions and addition reads as follows:
Sec. 404.2020 Information considered in selecting a representative
payee.
* * * * *
(e) Whether the potential payee is in a position to know of and
look after the needs of the beneficiary;
(f) The potential payee's criminal history; and
(g) Whether the beneficiary made an advance designation (see Sec.
404.2018).
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4. Amend Sec. 404.2021 by revising the introductory paragraph to read
as follows:
Sec. 404.2021 What is our order of preference in selecting a
representative payee for you?
As a guide in selecting a representative payee, we have established
categories of preferred payees. These preferences are flexible. We will
consider an individual's advance designee(s) (see Sec. 404.2018)
before we consider other potential representative payees in the
categories of preferred payees listed in this section. When we select a
representative payee, we will choose the designee of the beneficiary's
highest priority, provided that the designee is willing and able to
serve, is not prohibited from serving (see Sec. 404.2022), and
supports the best interest of the beneficiary (see Sec. 404.2020). The
preferences are:
* * * * *
PART 408--SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS
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5. The authority citation for subpart F of part 408 is revised to read
as follows:
Authority: Secs. 205(j)(1)(C), 702(a)(5), 807, and 810 of the
Social Security Act (42 U.S.C. 405(j)(1)(C), 902(a)(5), 1007, and
1010).
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6. Add Sec. 408.618 to subpart F to read as follows:
[[Page 65044]]
Sec. 408.618 Advance designation of representative payees.
For information about advance designation, how to designate
representative payees in advance, how to make changes to advance
designations, how we consider an advance designation when we select a
representative payee, how we consider an advance designation when we
select a subsequent representative payee, and other relevant
information, see Sec. Sec. 404.2018, 404.2020, and 404.2021 of this
chapter.
PART416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
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7. The authority citation for subpart F of part 416 is revised to read
as follows:
Authority: Secs. 205(j)(1)(C), 702(a)(5), 1631(a)(2) and (d)(1)
of the Social Security Act (42 U.S.C. 405(j)(1)(C), 902(a)(5),
1383(a)(2) and (d)(1)).
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8. Add Sec. 416.618 to subpart F to read as follows:
Sec. 416.618 Advance designation of representative payees.
(a) General. An individual who:
(1) Is eligible for or an applicant for a benefit; and
(2) Has attained 18 years of age or is an emancipated minor, may
designate in advance one or more individuals to possibly serve as a
representative payee for the individual if we determine that payment
will be made to a representative payee (see Sec. 416.610(a)). An
individual may not designate in advance possible representative payees
if we have information that the individual is either legally
incompetent or mentally incapable of managing his or her benefit
payments; or physically incapable of managing or directing the
management of his or her benefit payments.
(b) How to designate possible representative payees in advance.
Individuals who meet the requirements in paragraph (a) of this section
may designate in advance their choice(s) for possible representative
payees by indicating their decision to designate a representative payee
in advance and providing us with the required information. In addition
to the required information, an individual may choose to provide us
with the relationship of the advance designee to the individual. The
information we require before we will consider an advance designee as a
possible representative payee is:
(1) The name of the advance designee,
(2) A telephone number of the advance designee, and
(3) The order of priority in which the individual would like us to
consider the advance designees if he or she designates more than one
advance designee.
(c) How to make changes to advance designation. Individuals who
meet the requirements in paragraph (a) of this section may change their
advance designees by informing us of the change and providing the
required information (see paragraph (b)(1) through (3) of this section)
to us. Individuals who meet the requirements in paragraph (a) of this
section may withdraw their advance designation by informing us of the
withdrawal.
(d) How we consider advance designation when we select a
representative payee.
(1) If we determine that payment will be made to a representative
payee, we will review advance designees in the order listed by the
individual and select the first advance designee who meets the criteria
for selection. To meet the criteria for selection--
(i) The advance designee must be willing and able to serve as a
representative payee,
(ii) Appointment of the advance designee must comply with the
requirements in section 205(j)(2) of the Social Security Act, and
(iii) There must be no other good cause (see Sec. Sec. 416.620 and
416.621) to prevent us from selecting the advance designee.
(2) If none of the advance designees meet the criteria for
selection, we will use our list of categories of preferred payees (see
Sec. 416.621), along with our other regulations in subpart F of this
part, as a guide to select a suitable representative payee.
(e) How we consider advance designation when we select a subsequent
representative payee. If an individual who currently has a
representative payee requires a change of representative payee, we will
consider any other designees identified by the individual at a time in
which that individual was eligible to make an advanced designation,
under paragraph (d) of this section.
(f) Organizations. An individual may not designate in advance an
organization to serve as his or her possible representative payee.
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9. Amend Sec. 416.620 by
0
a. Revising paragraphs (e) and (f), and
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b. Adding paragraph (g):
The revisions and addition reads as follows:
Sec. 416.620 Information considered in selecting a representative
payee.
* * * * *
(e) Whether the potential payee is in a position to know of and
look after the needs of the beneficiary;
(f) The potential payee's criminal history; and
(g) Whether the beneficiary made an advance designation (see Sec.
416.618).
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10. Amend Sec. 416.621 by revising the introductory paragraph to read
as follows:
Sec. 416.621 What is our order of preference in selecting a
representative payee for you?
As a guide in selecting a representative payee, we have established
categories of preferred payees. These preferences are flexible. We will
consider an individual's advance designees (see Sec. 416.618) before
we consider other potential representative payees in the categories of
preferred payees listed in this section. When we select a
representative payee, we will choose the designee of the beneficiary's
highest priority, provided that the designee is willing and able to
serve, is not prohibited from serving (see Sec. 416.622), and supports
the best interest of the beneficiary (see Sec. 416.620). The
preferences are:
* * * * *
[FR Doc. 2019-25569 Filed 11-25-19; 8:45 am]
BILLING CODE P
