Do I Have to Make a Group Home a Child's Representative Payee?

Full question:

My daughters group home provider wants to be her represintative payee on her social security. what rights do I have? My daughter's group home (UCP) wants to be her payee represinative on her Social Security and I will have to pay for things if I don't, and they sent a check for the amount in her account. I send them her S/S, what else can I do?

• Category: Social Security
• Date: 04/07/2025
• State: Georgia

Answer:

It will be a matter of personal judgment whether or not you trust the home to use and account for the funds properly. It is possible for a foster home to be a representative payee. A representative payee is an individual or organization appointed by SSA to receive Social Security and/or SSI benefits for someone who cannot manage or direct someone else to manage his or her money. The main responsibilities of a payee are to use the benefits to pay for the current and foreseeable needs of the beneficiary and properly save any benefits not needed to meet current needs. A payee must also keep records of expenses. When SSA requests a report, a payee must provide an accounting to SSA of how benefits were used or saved.

A representative payee is an individual or organization appointed by SSA to receive Social Security and/or SSI benefits for someone who cannot manage or direct someone else to manage his or her money. The main responsibilities of a payee are to use the benefits to pay for the current and foreseeable needs of the beneficiary and properly save any benefits not needed to meet current needs. A payee must also keep records of expenses. When SSA requests a report, a payee must provide an accounting to SSA of how benefits were used or saved.

The law requires most minor children and all legally incompetent adults to have payees.
If adult beneficiaries are not be capable of managing benefits SSA may gather evidence and determine there is a need to appoint a representative payee. We suggest contacting the Social Security Administration for a determination of whether a representatve payee is needed.

When a beneficiary resides in an institution, you should allot a reasonable share of benefits for the institution's customary charges. An institution's customary charges and the beneficiary's other current needs should be taken into account. You should not pay an amount for current maintenance in excess of the legal maximum charge established by the State.
If a beneficiary is receiving care in a State, Federal, or private institution not receiving Medicaid funds on behalf of the beneficiary, you should give highest priority to the beneficiary's current maintenance. Current maintenance is not limited to the usual institutional charges but includes expenditures for items that will aid in the beneficiary's recovery or release from the institution or improve the beneficiary's condition while in the institution. Any benefits remaining should be conserved or invested except as they may be otherwise properly used. This includes temporarily maintaining the beneficiary's residence outside the institution unless a physician certifies the beneficiary is unlikely to return home.

If an SSI beneficiary enters a facility report the admission to SSA. If he/she receives substantial Medicaid payments for the cost of care and receives the $30 personal needs allowance, the benefit may not be used for current maintenance.

If the beneficiary has a dependent spouse, child or parent living at home, and if the current needs of the beneficiary are met, you may be able to use part of the benefit to support the legal dependents. If you think this situation may apply, contact your local Social Security office for guidance.

Please see the contact information at the following link:

http://www.ssa.gov/pgm/reach.htm

Please see also:

http://www.ssa.gov/pubs/10076.html
http://www.ssa.gov/payee/faqrep.htm