Page:United States Statutes at Large Volume 113 Part 3.djvu/328

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113 STAT. 1846 PUBLIC LAW 106-169—DEC. 14, 1999 42 USC 1006. "SEC. 806. APPLICATIONS AND FURNISHING OF INFORMATION. "(a) IN GENERAL,—The Commissioner of Social Security shall, subject to subsection (b), prescribe such requirements with respect to the filing of applications, the furnishing of information and other material, and the reporting of events and chainges in circumstances, as may be necessary for the effective and efficient administration of this title. "(b) VERIFICATION REQUIREMENT.—The requirements prescribed by the Commissioner of Social Security under subsection (a) shall preclude any determination of entitlement to benefits under this title solely on the basis of declarations by the individual concerning qualifications or other material facts, and shall provide for verification of material information from independent or collateral sources, and the procurement of additional information as necessary in order to ensure that the benefits are provided only to qualified individuals (or their representative payees) in correct amounts. 42 USC 1007. "SEC. 807. REPRESENTATIVE PAYEES. "(a) IN GENERAL.— If the Commissioner of Social Security determines that the interest of any qualified individual under this title would be served thereby, payment of the qualified individual's benefit under this title may be made, regardless of the legal competency or incompetency of the qualified individual, either directly to the qualified individual, or for his or her benefit, to another person (the meaning of which term, for purposes of this section, includes an organization) with respect to whom the requirements of subsection (b) have been met (in this section referred to as the qualified individual's 'representative payee'). If the Commissioner of Social Security determines that a representative payee has misused any benefit paid to the representative payee pursuant to this section, section 205(j), or section 1631(a)(2), the Commissioner of Social Security shall promptly revoke the person's designation as the qualified individual's representative payee under this subsection, and shall make payment to an alternative representative payee or, if the interest of the qualified individual under this title would be served thereby, to the qualified individual. " (b) EXAMINATION OF FITNESS OF PROSPECTIVE REPRESENTATIVE PAYEE.— "(1) Any determination under subsection (a) to pay the benefits of a qualified individual to a representative payee shall be made on the basis of— "(A) an investigation by the Commissioner of Social Security of the person to serve as representative payee, which shall be conducted in advance of the determination and shall, to the extent practicable, include a face-to-face interview with the person (or, in the case of an organization, a representative of the organization); and "(B) adequate evidence that the arrangement is in the interest of the qualified individual. "(2) As part of the investigation referred to in paragraph (1), the Commissioner of Social Security shall— "(A) require the person being investigated to submit documented proof of the identity of the person; "(B) in the case of a person who has a social security account number issued for purposes of the program under title II or an employer identification number issued for