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Can we accept deposits of SSI checks payable to a representative payee into the personal account of the representative payee? – IBA Compliance Connection

Can we accept deposits of SSI checks payable to a representative payee into the personal account of the representative payee?

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Generally, we do not believe that a representative payee should be allowed to commingle funds by depositing a beneficiary’s SSI checks into the representative payee’s personal account, unless an exception applies (for example, if the representative payee is the beneficiary’s spouse who lives in the same household as the beneficiary).

The Social Security Administration rules provide that a representative payee must keep any social security benefits “separate from his or her own funds and show [the beneficiary’s] ownership of these benefits,” except in cases where the representative payee is the beneficiary’s “spouse or natural or adoptive parent or stepparent and lives in the same household with [the beneficiary] or is a State or local government agency for whom we have granted an exception to this requirement.”

For resources related to our guidance, please see:

  • 20 CFR 416.635 (Supplemental Security Income for the Aged, Blind and Disabled) (“A representative payee has a responsibility to . . . (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; . . .”)