Page:United States Statutes at Large Volume 104 Part 2.djvu/663

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PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-255 benefit paid to such representative payee pursuant to this subsection or section 1631(a)(2), the Secretary shall promptly revoke certification for payment of benefits to such representative payee pursuant to this subsection and certify payment to an alternative representative payee or to the individual.". (B) TITLE XVL— (i) IN GENERAL.— Section 1631(a)(2)(A) (42 U.S.C. 1383(a)(2)(A)) is amended to read as follows: "(A)(i) Payments of the benefit of any individual may be made to any such individual or to the eligible spouse (if any) of such individual or partly to each. "(ii) Upon a determination by the Secretary that the interest of such individual would be served thereby, or in the ceise of any individual or eligible spouse referred to in section 1611(e)(3)(A), such payments shall be made, regardless of the legal competency or incompetency of the individual or eligible spouse, to another individual, or an organization, with respect to whom the requirements of subparagraph (B) have been met (in this paragraph referred to as such individual's 'representative payee') for the use and benefit of the individual or eligible spouse. "(iii) If the Secretary or a court of competent jurisdiction determines that the representative payee of an individual or eligible spouse has misused any benefits which have been paid to the representative payee pursuant to clause (ii) or section 205(j)(l), the Secretary shall promptly terminate payment of benefits to the representative payee pursuant to this subparagraph, and provide for payment of benefits to the individual or eligible spouse or to an alternative representative payee of the individual or eligible spouse.". (ii) CONFORMING AMENDMENTS. — Section 1631(a)(2)(C) (42 U.S.C. 1383(a)(2)(C)) is amended— (I) in clause (i), by striking "a person other than the individual or spouse entitled to such payment" and inserting "representative payee of an individual or spouse"; (II) in clauses (ii), (iii), and (iv), by striking "other person to whom such payment is made" each place it appears and inserting "representative payee"; and (III) in clause (v)— (aa) by striking "person receiving payments on behalf of another" and inserting "representative payee"; and (bb) by striking "person receiving such pay- ments" and inserting "representative payee'. (2) PROCEDURE FOR SELECJTING REPRESENTATIVE PAYEES. — (A) IN GENERAL.— (i) TITLE II. —Section 205(j)(2) (42 U.S.C. 405(j)(2)) is amended to read as follows: "(2)(A) Any certification made under paragraph (1) for payment of benefits to an individual's representative payee shall be made on the basis of— "(i) an investigation by the Secretary of the person to serve as representative payee, which shall be conducted in advance of such certification and shall, to the extent practicable, include a face-to-face interview with such person, and