*** The Health Care Programs Manual (HCPM) has been replaced by the Minnesota Health Care Programs Eligibility Policy Manual (EPM) as of June 1, 2016. Please refer to the EPM for current health care program policy information. ***

Chapter 04 - Social Security Administration (SSA) Benefits

Effective:  December 1, 2006

04.25 - Representative Payee

Archived:  June 1, 2016

Representative Payee

Sometimes, people who receive Social Security benefits are not able to handle their own financial affairs. In those cases, and after careful investigation, the Social Security Administration (SSA) appoints a relative, friend or another interested party to handle their Social Security matters. That person is called a Representative Payee.

What is a Representative Payee?

Who is required to have a Representative Payee?

What does a Representative Payee do?

Representative Payee and Counted Income.

Misuse by the Representative Payee.

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What is a Representative Payee?

A representative payee is:

l  A person or organization selected by SSA.

l  Designated to receive SSA benefits on behalf of an RSDI or SSI recipient who cannot manage or direct the management of their money.

l  Obligated to use those SSA benefits for the RSDI or SSI recipient's personal care and well being.

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Who is required to have a Representative Payee?

The law requires minor children and legally incompetent adults to have representative payees. SSA may appoint a representative payee if there is evidence a client is not able to manage his or her SSA benefits.

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What does a Representative Payee Do?

A payee acts on behalf of the beneficiary and is responsible for everything related to SSA benefits that a capable beneficiary would do for himself or herself.

The following lists some of the duties of a payee:

l  Determine the beneficiary’s needs and uses the payments to meet those needs. Examples of current needs include but are not limited to:

n  Food.

n  Clothing.

n  Shelter.

n  Utilities.

n  Dental and medical care.

n  Personal comfort items.

l  Save excess money for future use.

l  Report any changes or events which could affect the client’s eligibility for SSA benefits or payment amount.

l  Keep records of all payments received and how they are spent and/or saved.

l  Provide benefit information to social service agencies or medical facilities that serve the client.

l  Help the client get medical treatment when necessary.

See www.ssa.gov for more information about the role of a payee and other information.

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Representative Payee and Counted Income

Count RSDI and SSI benefits as available to clients with a representative payee, even for those clients who do not live with the representative payee.

Count only that portion made available to the client in cash or spent on behalf of the client or the household if the client demonstrates that part of the RSDI or SSI payment is unavailable.

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Misuse by the Representative Payee

Notify SSA in writing to request a change in representative payee under either of the following circumstances:

l  The representative payee is diverting the RSDI or SSI benefit for use by the representative payee or a third party, not the client.

l  It appears that the representative payee is not using the RSDI or SSI benefit in an appropriate way to meet the needs of the client.

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