Advance Designation of Representative Payees for Social Security Beneficiaries

 
CONTENT
Federal Register, Volume 84 Issue 228 (Tuesday, November 26, 2019)
[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]
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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.
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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 http://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 http://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 http://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\
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    \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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    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\
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    \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.
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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.
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    \6\ https://www.congress.gov/bill/115th-congress/house-bill/4547.
    \7\ 42 U.S.C. 405(j)(1).
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    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.
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    \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.
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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\
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    \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).
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    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\
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    \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
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    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.
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    \14\ August 13, 2019 at 84 FR 40121
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    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.
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                                                                                                                              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) **
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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
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* 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).
0
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
0
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).
0
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
0
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)).
0
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.
0
9. Amend Sec.  416.620 by
0
a. Revising paragraphs (e) and (f), and
0
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]
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