Can a representative payee deposit a personal check payable to the supplemental security income (SSI) beneficiary and other funds into a representative payee account, assuming the funds are used for the benefit of the SSI beneficiary and the representative can properly account for the funds?

No, we do not recommend allowing a representative payee to deposit funds unrelated to social security into a representative payee account, as a representative payee does not have the authority to handle such funds on behalf of the beneficiary.

The Social Security Administration’s (SSA) “Guide for Representative Payees” notes, “[w]e appoint a representative payee to manage Social Security and SSI funds only. A payee has no legal authority to manage non-Social Security income or medical matters.” This limit on authority is repeated on the SSA’s website. Also, SSA regulations require representative payees to keep federal benefits separate from their personal funds (unless an exception applies — for example, if the representative payee is the beneficiary’s spouse who lives in the same household as the beneficiary).

For resources related to our guidance, please see:

  • Social Security Administration, A Guide for Representative Payees, printed page 2 (“NOTE: We appoint a representative payee to manage Social Security and SSI funds only. A payee has no legal authority to manage non-Social Security income or medical matters. A representative payee, however, may need to help a beneficiary get medical services or treatment.”)
  • Social Security Administration, Understanding Supplemental Security Income Representative Payee Program (“Your representative payee’s authority is limited to matters between you and us.  A power of attorney does not give someone authority to act as your representative payee.  A representative payee has no authority to enter into any binding contracts on your behalf.”)
  • Social Security Administration Regulations, 20 CFR 416.635 (“A representative payee has a responsibility to –

(a) Use the benefits received on your behalf only for your use and benefit in a manner and for the purposes he or she determines under the guidelines in this subpart, to be in your best interests;

(b) Keep any benefits received on your behalf separate from his or her own funds and show your ownership of these benefits unless he or she is your spouse or natural or adoptive parent or stepparent and lives in the same household with you or is a State or local government agency for whom we have granted an exception to this requirement;

(c) Treat any interest earned on the benefits as your property;

(d) Notify us of any event or change in your circumstances that will affect the amount of benefits you receive, your right to receive benefits, or how you receive them;

(e) Submit to us, upon our request, a written report accounting for the benefits received on your behalf, and make all supporting records available for review if requested by us;

(f) Notify us of any change in his or her circumstances that would affect performance of his/her payee responsibilities; and

(g) Ensure that you are receiving treatment to the extent considered medically necessary and available for the condition that was the basis for providing benefits (see § 416.994a(i)) if you are under age 18 (including cases in which your low birth weight is a contributing factor material to our determination that you are disabled).”)