113 HR 4401 IH: Social Security Temporary Emergency Payee Act U.S. House of Representatives 2014-04-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 2d Session H. R. 4401 IN THE HOUSE OF REPRESENTATIVES April 4, 2014 Mr. Schrader (for himself and Ms. Bonamici) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to provide for the immediate designation of substitute representative payees, and for other purposes.

1.

Short title

This Act may be cited as the Social Security Temporary Emergency Payee Act.

2.

Substitute representative payees

(a)

In general

Section 205(j)(1) of the Social Security Act (42 U.S.C. 405(j)(1)) is amended— (1)in subparagraph (A), by striking the second sentence; and (2)by adding at the end the following: (C)If the Commissioner of Social Security or a court of competent jurisdiction determines that the representative payee for an individual has died, has misused any individual's benefit paid to such representative payee pursuant to this subsection or section 807 or 1631(a)(2), or has otherwise become unable or unwilling to continue serving as a representative payee, the Commissioner of Social Security shall— (i)immediately revoke certification for payment of the individual’s benefits to such representative payee; and (ii) (I)notwithstanding paragraph (2), as of the date of the revocation required under clause (i), certify payment of such benefits, on a permanent or temporary basis, to a qualified organization (as defined in paragraph (4)(B)) to serve as a substitute representative payee for the individual; or (II)if the interest of the individual under this title would be served thereby, certify payment of such benefits to the individual.. (b)

No deferral of benefit payment during selection of substitute payee

Section 205(j)(2)(D) of such Act (42 U.S.C. (j)(2)(D)) is amended— (1)in clause (i), by striking clause (ii) and inserting clauses (ii) and (iii); (2)by redesignating clause (iii) as clause (iv); and (3)by inserting after clause (ii) the following: (iii)This subparagraph shall not apply with respect to the selection of a representative payee for an individual in any case in which a representative payee has previously been designated for such individual..