113 STAT. 1848
PUBLIC LAW 106-169—DEC. 14, 1999
"(iii) a facility that is licensed or certified as a
care facility under the law of the political jurisdiction
in which the qualified individual resides;
"(iv) a person who is an administrator, owner,
or employee of a facility referred to in clause (iii),
if the qualified individual resides in the facility, and
the payment to the facility or the person is made
only after the Commissioner of Social Security has
made a good faith effort to locate an alternative representative payee to whom payment would serve the
best interests of the qualified individual; or
"(v) a person who is determined by the Commissioner of Social Security, on the basis of written
findings and pursuant to procedures prescribed by the
Commissioner of Social Security, to be acceptable to
serve as a representative payee.
"(C) The procedures referred to in subparagraph (B)(v)
shall require the person who will serve as representative
payee to establish, to the satisfaction of the Commissioner
of Social Security, that—
"(i) the person poses no risk to the qualified individual;
"(ii) the financial relationship of the person to the
quaUfied individual poses no substantial conflict of
interest; and
"(iii) no other more suitable representative payee
can be found.
"(e) DEFERRAL OF PAYMENT PENDING APPOINTMENT OF REP-
RESENTATIVE PAYEE.—
"(1) IN GENERAL. — Subject to paragraph (2), if the Commissioner of Social Security makes a determination described in
the first sentence of subsection (a) with respect to any qualified
individual's benefit and determines that direct payment of the
benefit to the qualified individual would cause substantial harm
to the qualified individual, the Commissioner of Social Security
may defer (in the case of initial entitlement) or suspend (in
the case of existing entitlement) direct payment of the benefit
to the qualified individual, until such time as the selection
of a representative payee is made pursuant to this section,
"(2) TIME LIMITATION. —
"(A) IN GENERAL.— Except as provided in subparagraph
(B), any deferral or suspension of direct payment of a
benefit pursuant to paragraph (1) shall be for a period
of not more than 1 month.
"(B) EXCEPTION IN THE CASE OF INCOMPETENCY. —
Subparagraph (A) shall not apply in any case in which
the qualified individual is, as of the date of the Commissioner of Social Security's determination, legally incompetent under the laws of the jurisdiction in which the
individual resides.
"(3) PAYMENT OF RETROACTIVE BENEFITS.— Payment of any
benefits which are deferred or suspended pending the selection
of a representative payee shall be made to the qualified individual or the representative payee as a single sum or over
such period of time as the Commissioner of Social Security
determines is in the best interest of the qualified individual.
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