Prohibiting Persons With Certain Criminal Convictions From Serving as Representative Payees; Correction
| Published date | 25 October 2019 |
| Record Number | 2019-23235 |
| Section | Rules and Regulations |
| Court | Social Security Administration |
Federal Register, Volume 84 Issue 207 (Friday, October 25, 2019)
[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Rules and Regulations]
[Pages 57319-57320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23235]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404, 408, and 416
[Docket No. SSA-2015-0006]
RIN 0960-AH78
Prohibiting Persons With Certain Criminal Convictions From
Serving as Representative Payees; Correction
AGENCY: Social Security Administration.
ACTION: Correcting amendment.
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SUMMARY: On February 15, 2019, we published final rules in the Federal
Register to prohibit persons convicted of certain crimes from serving
as representative payees under the Social Security Act (Act), as
required by the Strengthening Protections for Social Security
Beneficiaries Act of 2018. Those final rules inadvertently included two
words in three places that should not have been there, and omitted one
word in two sections of the rules. This document corrects the
inadvertent inclusions and omissions in the final rules.
DATES: Effective October 25, 2019, and applicable beginning March 18,
2019.
FOR FURTHER INFORMATION CONTACT: Kevin Salamone, Office of Income
Security Programs, Social Security Administration, 6401 Security
Boulevard, Baltimore, MD 21235-6401, (410) 966-0854. 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: We published final rules in the Federal
Register on February 15, 2019 (83 FR 4323), that prohibit persons with
certain criminal convictions from serving as representative payees.
Those rules codified our responsibilities under the Strengthening
Protections for Social Security Beneficiaries Act of 2018,\1\ which
prohibits the selection of certain representative payee applicants who
have a specified felony conviction of committing, attempting, or
conspiring to commit certain crimes. The law also requires us to review
each individual currently serving as a representative payee (who does
not meet one of the exceptions set out in the law) to determine whether
the individual has been convicted of a specified crime, and continue to
do so at least once every five years. The final rules inadvertently
included the words ``or organization'' in Sec. Sec. 404.2026, 408.626,
and 416.626. They also inadvertently omitted the word ``individual''
from Sec. Sec. 404.2024(a)(10) and 416.624(a)(10).
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\1\ Public Law 115-165, 132 Stat. 1257.
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Although a representative payee may be an organization such as a
social service agency, or an individual such as a parent, relative, or
friend of the beneficiary, the final rules concerning a criminal
background check and criminal history apply only to individuals
applying to serve as representative payee and individuals currently
serving as a representative payee. Accordingly, this correction removes
the words ``or organization'' from the affected sections and clarifies
our regulations. They also clarify in Sec. Sec. 404.2024(a)(10) and
416.624(a)(10) that the criminal background check requirement applies
to individual representative payee applicants.
(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; 96.006,
Supplemental Security Income; and 96.020--Special Benefits for
Certain World War II Veterans)
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, Aged, Reporting and
recordkeeping requirements, Social Security, Supplemental Security
Income (SSI), Veterans.
20 CFR Part 416
Administrative practice and procedure, Reporting and recordkeeping
requirements, Supplemental Security Income (SSI).
Andrew Saul,
Commissioner of Social Security.
Accordingly, 20 CFR parts 404, 408, and 416 are amended by making
the following correcting amendments:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- )
Subpart U--Representative Payment
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. Amend Sec. 404.2024 by revising paragraph (a)(10) to read as
follows:
Sec. 404.2024 How do we investigate a representative payee applicant?
* * * * *
(a) * * *
(10) Conduct a criminal background check on the individual payee
applicant.
* * * * *
Sec. 404.2026 [Amended]
0
3. Amend Sec. 404.2026 to by removing the words ``or organization''.
PART 408--SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS
Subpart F--Representative Payment
0
4. The authority citation for subpart F of part 408 continues to read
as follows:
Authority: Secs. 702(a)(5), 807, and 810 of the Social Security
Act (42 U.S.C. 902(a)(5), 1007, and 1010).
Sec. 408.626 [Amended]
0
5. Amend Sec. 408.626 by removing the words ``or organization''.
[[Page 57320]]
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart F--Representative Payment
0
6. The authority citation for subpart F of part 416 continues to read
as follows:
Authority: Secs. 702(a)(5), 1631(a)(2) and (d)(1) of the Social
Security Act (42 U.S.C. 902(a)(5), 1383(a)(2) and (d)(1)).
0
7. Amend Sec. 416.624 by revising paragraph (a)(10) to read as
follows:
Sec. 416.624 How do we investigate a representative payee applicant?
* * * * *
(a) * * *
(10) Conduct a criminal background check on the individual payee
applicant.
* * * * *
Sec. 416.626 [Amended]
0
8. Amend Sec. 416.626 by removing the words ``or organization''.
[FR Doc. 2019-23235 Filed 10-24-19; 8:45 am]
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