Page:United States Statutes at Large Volume 113 Part 3.djvu/330

 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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