Page:United States Statutes at Large Volume 118.djvu/526

 118 STAT. 496 PUBLIC LAW 108–203—MAR. 2, 2004 (2) MISUSE OF BENEFITS DEFINED.—Section 807 of such Act (42 U.S.C. 1007) is amended by adding at the end the following: ‘‘(j) MISUSE OF BENEFITS.—For purposes of this title, misuse of benefits by a representative payee occurs in any case in which the representative payee receives payment under this title for the use and benefit of another person under this title and converts such payment, or any part thereof, to a use other than for the use and benefit of such person. The Commissioner of Social Security may prescribe by regulation the meaning of the term ‘use and benefit’ for purposes of this subsection.’’. (3) TECHNICAL AMENDMENT.—Section 807(a) of such Act (42 U.S.C. 1007(a)) is amended, in the first sentence, by striking ‘‘for his or her benefit’’ and inserting ‘‘for his or her use and benefit’’. (c) TITLE XVI AMENDMENTS.— (1) REISSUANCE OF BENEFITS.—Section 1631(a)(2)(E) of such Act (42 U.S.C. 1383(a)(2)(E)) is amended by inserting after the first sentence the following: ‘‘In any case in which a rep resentative payee that— ‘‘(i) is not an individual (regardless of whether it is a ‘qualified organization’ within the meaning of subparagraph (D)(ii)); or ‘‘(ii) is an individual who, for any month during a period when misuse occurs, serves 15 or more individuals who are beneficiaries under this title, title II, title VIII, or any combina tion of such titles; misuses all or part of an individual’s benefit paid to such representa tive payee, the Commissioner of Social Security shall pay to the beneficiary or the beneficiary’s alternative representative payee an amount equal to the amount of such benefit so misused. The provi sions of this subparagraph are subject to the limitations of subpara graph (H)(ii).’’. (2) EXCLUSION OF REISSUED BENEFITS FROM RESOURCES.— Section 1613(a) of such Act (42 U.S.C. 1382b(a)) is amended— (A) in paragraph (12), by striking ‘‘and’’ at the end; (B) in paragraph (13), by striking the period and inserting ‘‘; and’’; and (C) by inserting after paragraph (13) the following: ‘‘(14) for the 9 month period beginning after the month in which received, any amount received by such individual (or spouse) or any other person whose income is deemed to be included in such individual’s (or spouse’s) income for pur poses of this title as restitution for benefits under this title, title II, or title VIII that a representative payee of such indi vidual (or spouse) or such other person under section 205(j), 807, or 1631(a)(2) has misused.’’. (3) MISUSE OF BENEFITS DEFINED.—Section 1631(a)(2)(A) of such Act (42 U.S.C. 1383(a)(2)(A)) is amended by adding at the end the following: ‘‘(iv) For purposes of this paragraph, misuse of benefits by a representative payee occurs in any case in which the representa tive payee receives payment under this title for the use and benefit of another person and converts such payment, or any part thereof, to a use other than for the use and benefit of such other person. The Commissioner of Social Security may prescribe by regulation

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