(i)#
Benefits of an individual may not be certified for payment to any other person pursuant to this subsection if—
(I) such person has previously been convicted as described in subparagraph (B)(i)(III),
(II) except as provided in clause (ii), certification of payment of benefits to such person under this subsection has previously been revoked as described in subparagraph (B)(i)(VI) 5 5 So in original. Probably should be followed by a comma. the designation of such person as a representative payee has been revoked pursuant to section 1007(a) of this title , or payment of benefits to such person pursuant to section 1383(a)(2)(A)(ii) of this title has previously been terminated as described in section 1383(a)(2)(B)(ii)(VI) of this title ,
(III) except as provided in clause (iii), such person is a creditor of such individual who provides such individual with goods or services for consideration,
(IV) such person has previously been convicted as described in subparagraph (B)(i)(IV), unless the Commissioner determines that such certification would be appropriate notwithstanding such conviction,
(V) such person is a person described in section 402(x)(1)(A)(iv) of this title ,
(VI) except as provided in clause (vi), such person has previously been convicted (and not subsequently exonerated) as described in subparagraph (B)(i)(VII), or
(VII) such person’s benefits under this subchapter, subchapter VIII, or subchapter XVI are certified for payment to a representative payee during the period for which the individual’s benefits would be certified for payment to another person.
(i)(I)#
such person has previously been convicted as described in subparagraph (B)(i)(III),
(i)(II)#
(ii)#
The Commissioner of Social Security shall prescribe regulations under which the Commissioner of Social Security may grant exemptions to any person from the provisions of clause (i)(II) on a case-by-case basis if such exemption is in the best interest of the individual whose benefits would be paid to such person pursuant to this subsection.
(iii)#
Clause (i)(III) shall not apply with respect to any person who is a creditor referred to therein if such creditor is—
(I) a relative of such individual if such relative resides in the same household as such individual,
(II) a legal guardian or legal representative of such individual,
(III) a facility that is licensed or certified as a care facility under the law of a State or a political subdivision of a State,
(IV) a person who is an administrator, owner, or employee of a facility referred to in subclause (III) if such individual resides in such facility, and the certification of payment to such facility or such person is made only after good faith efforts have been made by the local servicing office of the Social Security Administration to locate an alternative representative payee to whom such certification of payment would serve the best interests of such individual, or
(V) an individual who is determined by the Commissioner of Social Security, on the basis of written findings and under procedures which the Commissioner of Social Security shall prescribe by regulation, to be acceptable to serve as a representative payee.
(iii)(I)#
a relative of such individual if such relative resides in the same household as such individual,
(iii)(II)#
a legal guardian or legal representative of such individual,
(iv)#
The procedures referred to in clause (iii)(V) shall require the individual who will serve as representative payee to establish, to the satisfaction of the Commissioner of Social Security, that—
(I) such individual poses no risk to the beneficiary,
(II) the financial relationship of such individual to the beneficiary poses no substantial conflict of interest, and
(III) no other more suitable representative payee can be found.
(iv)(I)#
such individual poses no risk to the beneficiary,
(iv)(II)#
the financial relationship of such individual to the beneficiary poses no substantial conflict of interest, and
(iv)(III)#
no other more suitable representative payee can be found.
(v)#
In the case of an individual described in paragraph (1)(B), when selecting such individual’s representative payee, preference shall be given to—
(I) a certified community-based nonprofit social service agency (as defined in paragraph (10)),
(II) a Federal, State, or local government agency whose mission is to carry out income maintenance, social service, or health care-related activities,
(III) a State or local government agency with fiduciary responsibilities, or
(IV) a designee of an agency (other than of a Federal agency) referred to in the preceding subclauses of this clause, if the Commissioner of Social Security deems it appropriate,
unless the Commissioner of Social Security determines that selection of a family member would be appropriate.
(v)(I)#
a certified community-based nonprofit social service agency (as defined in paragraph (10)),
(v)(II)#
a Federal, State, or local government agency whose mission is to carry out income maintenance, social service, or health care-related activities,
(v)(III)#
(vi)#
(I) With respect to any person described in subclause (II)— (aa) subparagraph (B)(i)(VII) shall not apply; and (bb) the Commissioner may grant an exemption from the provisions of clause (i)(VI) if the Commissioner determines that such exemption is in the best interest of the individual entitled to benefits.
(II) A person is described in this subclause if the person— (aa) is the custodial parent of a minor child for whom the person applies to serve; (bb) is the custodial spouse of the beneficiary for whom the person applies to serve; (cc) is the custodial parent of a beneficiary who is under a disability (as defined in section 423(d) of this title ) which began before the beneficiary attained the age of 22, for whom the person applies to serve; (dd) is the custodial court appointed guardian of the beneficiary for whom the person applies to serve; (ee) is the custodial grandparent of a minor grandchild for whom the person applies to serve; (ff) is the parent who was previously representative payee for his or her minor child who has since turned 18 and continues to be eligible for such benefit; or (gg) received a presidential or gubernatorial pardon for the relevant conviction.
(vi)(I)#
With respect to any person described in subclause (II)—
(aa) subparagraph (B)(i)(VII) shall not apply; and
(bb) the Commissioner may grant an exemption from the provisions of clause (i)(VI) if the Commissioner determines that such exemption is in the best interest of the individual entitled to benefits.