Page:United States Statutes at Large Volume 113 Part 3.djvu/329

 PUBLIC LAW 106-169—DEC. 14, 1999 113 STAT. 1847 purposes of the Internal Revenue Code of 1986, verify the number; "(C) determine whether the person has been convicted of a violation of section 208, 811, or 1632; and "(D) determine whether payment of benefits to the person in the capacity as representative payee has been revoked or terminated pursuant to this section, section 205(j), or section 1631(a)(2)(A)(iii) by reason of misuse of funds paid as benefits under this title, title II, or XVI, respectively. "(c) REQUIREMENT FOR MAINTAINING LISTS OF UNDESIRABLE PAYEES.— The Commissioner of Social Security shall establish and maintain lists which shall be updated periodically and which shall be in a form that renders such lists available to the servicing offices of the Social Security Administration. The lists shall consist of— "(1) the names and (if issued) social security account numbers or employer identification numbers of all persons with respect to whom, in the capacity of representative payee, the payment of benefits has been revoked or terminated under this section, section 205( j), or section 1631(a)(2)(A)(iii) by reason of misuse of funds paid as benefits under this title, title II, or XVI, respectively; and "(2) the names and (if issued) social security account numbers or employer identification numbers of all persons who have been convicted of a violation of section 208, 811, or 1632. "(d) PERSONS INELIGIBLE TO SERVE AS REPRESENTATIVE PAYEES.— "(1) IN GENERAL.— The benefits of a qualified individual may not be paid to any other person pursuant to this section if— "(A) the person has been convicted of a violation of section 208, 811, or 1632; "(B) except as provided in paragraph (2), payment of benefits to the person in the capacity of representative payee has been revoked or terminated under this section, section 205(j), or section 1631(a)(2)(A)(ii) by reason of misuse of funds paid as benefits under this title, title II, or title XVI, respectively; or "(C) except as provided in paragraph (2)(B), the person is a creditor of the qualified individual and provides the qualified individual with goods or services for consideration. " (2) EXEMPTIONS.— "(A) The Commissioner of Social Security may prescribe circumstances under which the Commissioner of Social Security may grant an exemption from paragraph (1) to any person on a case-by-case basis if the exemption is in the best interest of the qualified individual whose benefits would be paid to the person pursuant to this section. "(B) Paragraph (1)(C) shall not apply with respect to any person who is a creditor referred to in such paragraph if the creditor is— "(i) a relative of the qualified individual and the relative resides in the same household as the qualified individual; "(ii) a legal guardian or legal representative of the individual;

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