118 STAT. 495 PUBLIC LAW 108–203—MAR. 2, 2004 Sec. 435. Treatment of education related income and resources. Sec. 436. Monthly treatment of uniformed service compensation. TITLE I—PROTECTION OF BENEFICIARIES Subtitle A—Representative Payees SEC. 101. AUTHORITY TO REISSUE BENEFITS MISUSED BY ORGANIZA TIONAL REPRESENTATIVE PAYEES. (a) TITLE II AMENDMENTS.— (1) REISSUANCE OF BENEFITS.—Section 205(j)(5) of the Social Security Act (42 U.S.C. 405(j)(5)) is amended by inserting after the first sentence the following: ‘‘In any case in which a representative payee that— ‘‘(A) is not an individual (regardless of whether it is a ‘qualified organization’ within the meaning of paragraph (4)(B)); or ‘‘(B) 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 VIII, title XVI, or any com bination of such titles; misuses all or part of an individual’s benefit paid to such representa tive payee, the Commissioner of Social Security shall certify for payment to the beneficiary or the beneficiary’s alternative rep resentative payee an amount equal to the amount of such benefit so misused. The provisions of this paragraph are subject to the limitations of paragraph (7)(B).’’. (2) MISUSE OF BENEFITS DEFINED.—Section 205(j) of such Act (42 U.S.C. 405(j)) is amended by adding at the end the following: ‘‘(8) For purposes of this subsection, 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 the meaning of the term ‘use and benefit’ for purposes of this paragraph.’’. (b) TITLE VIII AMENDMENTS.— (1) REISSUANCE OF BENEFITS.—Section 807(i) of the Social Security Act (42 U.S.C. 1007(i)) is amended further by inserting after the first sentence the following: ‘‘In any case in which a representative payee that— ‘‘(A) is not an individual; or ‘‘(B) 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 XVI, or any combination of such titles; misuses all or part of an individual’s benefit paid to such representative payee, the Commissioner of Social Security shall pay to the beneficiary or the beneficiary’s alternative represent ative payee an amount equal to the amount of such benefit so misused. The provisions of this paragraph are subject to the limitations of subsection (l)(2).’’. Certification.
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