118 STAT. 504 PUBLIC LAW 108–203—MAR. 2, 2004 be treated as a misused part of the individual’s benefit for purposes of subparagraphs (E) and (F). The Commissioner’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to any month involving benefit misuse by a representa tive payee in any case with respect to which the Commissioner of Social Security or a court of competent jurisdiction makes the determination of misuse after 180 days after the date of the enact ment of this Act. SEC. 105. LIABILITY OF REPRESENTATIVE PAYEES FOR MISUSED BENEFITS. (a) TITLE II AMENDMENTS.—Section 205(j) of the Social Security Act (42 U.S.C. 405(j)) (as amended by sections 101 and 102) is amended further— (1) by redesignating paragraphs (7), (8), and (9) as para graphs (8), (9), and (10), respectively; (2) in paragraphs (2)(C)(v), (3)(F), and (4)(B), by striking ‘‘paragraph (9)’’ and inserting ‘‘paragraph (10)’’; (3) in paragraph (6)(A)(ii), by striking ‘‘paragraph (9)’’ and inserting ‘‘paragraph (10)’’; and (4) by inserting after paragraph (6) the following: ‘‘(7)(A) If the Commissioner of Social Security or a court of competent jurisdiction determines that a representative payee that is not a Federal, State, or local government agency has misused all or part of an individual’s benefit that was paid to such represent ative payee under this subsection, the representative payee shall be liable for the amount misused, and such amount (to the extent not repaid by the representative payee) shall be treated as an overpayment of benefits under this title to the representative payee for all purposes of this Act and related laws pertaining to the recovery of such overpayments. Subject to subparagraph (B), upon recovering all or any part of such amount, the Commissioner shall certify an amount equal to the recovered amount for payment to such individual or such individual’s alternative representative payee. ‘‘(B) The total of the amount certified for payment to such individual or such individual’s alternative representative payee under subparagraph (A) and the amount certified for payment under paragraph (5) may not exceed the total benefit amount mis used by the representative payee with respect to such individual.’’. (b) TITLE VIII AMENDMENT.—Section 807 of such Act (as amended by section 102(b)(2)) is amended further by adding at the end the following: ‘‘(l) LIABILITY FOR MISUSED AMOUNTS.— ‘‘(1) IN GENERAL.—If the Commissioner of Social Security or a court of competent jurisdiction determines that a represent ative payee that is not a Federal, State, or local government agency has misused all or part of a qualified individual’s benefit that was paid to such representative payee under this section, the representative payee shall be liable for the amount misused, and such amount (to the extent not repaid by the representative payee) shall be treated as an overpayment of benefits under this title to the representative payee for all purposes of this Act and related laws pertaining to the recovery of such overpay ments. Subject to paragraph (2), upon recovering all or any part of such amount, the Commissioner shall make payment of an amount equal to the recovered amount to such qualified Certification. Applicability. 42 USC 405 note.
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