Page:United States Statutes at Large Volume 104 Part 2.djvu/666

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104 STAT. 1388-258 PUBLIC LAW 101-508—NOV. 5, 1990 then such notice shall be provided solely to the legal guardian or legal representative of such individual. "(iii) Any notice described in clause (ii) shall be clearly written in language that is easily understandable to the reader, shall identify the person to be designated as such individual's representative payee, and shall explain to the reader the right under clause (i) of such individual or of such individual's legal guardian or legal representative— "(I) to appeal a determination that a representative payee is necessary for such individual, "(II) to appeal the designation of a particular person to serve as the representative payee of such individual, and "(III) to review the evidence upon which such designation is based and submit additional evidence.". (ii) TITLE XVL—Section 1631(a)(2)(B) (42 U.S.C. 1383(a)(2)(B)) is amended to read as follows: "(B)(i) Any determination made under subparagraph (A) for pay- ment of benefits to the representative payee of an individual or eligible spouse 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 payment, and shall, to the extent practicable, include a face-to-face interview with such person; and "(II) adequate evidence that such payment is in the interest of the individual or eligible spouse (as determined by the Secretary in regulations), "(ii) As part of the investigation referred to in clause (i)(I), the Secretary shall— "(I) require the person being investigated to submit documented proof of the identity of such person, unless information establishing such identity was submitted with an application for benefits under title II or this title; "(II) verify the social security account number (or employer identification number) of such person; "(III) determine whether such person has been convicted of a violation of section 208 or 1632; and "(IV) determine whether payment of benefits to such person has been terminated pursuant to subparagraph (A)(iii), and whether certification of payment of benefits to such person has been revoked pursuant to section 205CJ), by reason of misuse of funds paid as benefits under title II or this title, "(iii) Benefits of an individual may not be paid to any other person pursuant to subparagraph (A)(ii) if— "(I) such person has previously been convicted as described in clause (iiXIII); "(II) except as provided in clause (iv), payment of benefits to such person pursuant to subparagraph (A)(ii) has previously been terminated as described in clause (ii)(IV), or certification of payment of benefits to such person under section 205(j) has previously been revoked as described in section 2050)(2)(B)(i)(IV); or "(III) except as provided in clause (v), such person is a creditor of such individual who provides such individual with goods or services for consideration. "(iv) The Secretary shall prescribe regulations under which the Secretary may grant an exemption from clause (iii)(II) to any person on a case-by-case basis if such exemption would be in the best