Page:United States Statutes at Large Volume 104 Part 2.djvu/667

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PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-259 interest of the individual or eligible spouse whose benefits under this title would be paid to such person pursuant to subparagraph (A)(ii). "(v) Clause (iiiXIII) 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; "(ID 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 payment of benefits under this title 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 the payment of such benefits would serve the best interests of such individual; or "(V) an individual who is determined by the Secretary, on the basis of written findings and under procedures which the Secretary shall prescribe by regulation, to be acceptable to serve as a representative payee. "(vi) The procedures referred to in clause (v)(V) shall require the individual who will serve as representative payee to establish, to the satisfaction of the Secretary, 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. "(vii) Subject to clause (viii), if the Secretary makes a determination described in subparagraph (A)(ii) with respect to any individual's benefit and determines that direct payment of the benefit to the individual would cause substantial harm to the individual, the Secretary may defer (in the case of initial entitlement) or suspend (in the case of existing entitlement) direct payment of such benefit to the individual, until such time as the selection of a representative payee is made pursuant to this subparagraph. "(viii)(I) Except as provided in subclause (II), any deferral or suspension of direct payment of a benefit pursuant to clause (vii) shall be for a period of not more than 1 month. "(II) Subclause (I) shall not apply in any case in which the individual or eligible spouse is, as of the date of the Secretary's determination, legally incompetent, under the age 15 years, or a drug addict or alcoholic referred to in section 1611(e)(3)(A). "(ix) Payment pursuant to this subparagraph of any benefits which are deferred or suspended pending the selection of a representative payee shall be made to the individual, or to the representative payee upon such selection, as a single sum or over such period of time as the Secretary determines is in the best interests of the individual entitled to such benefits. "(x) Any individual who is dissatisfied with a determination by the Secretary to pay such individual's benefits to a representative payee under this title, or with the designation of a particular person to serve as representative payee, shall be entitled to a hearing by