We have a representative payee account for which the beneficiary has called to ask for account information specifically related to balances and their economic impact payment. Can we provide this information to the beneficiary of a representative payee account, or can we only provide that information to the representative payee?

We are not aware of any authority that would prohibit you from sharing account information with the beneficiary of a representative payee account. Absent such authority, we believe you should provide account information to the beneficiary of a representative payee account — the funds in the account belong to the beneficiary, and the beneficiary may need such information to determine whether the representative payee is managing the account appropriately.

The Social Security Administration (SSA) has published guidance for beneficiaries, directing them to talk to their representative payee about “how much money [they] receive from Social Security and how to spend it on [their] needs.” The guidance also advises beneficiaries that “if you can’t agree on how to spend your money, or if you believe your payee is misusing or stealing your funds, contact Social Security.”

The SSA also has published guidance on economic impact payments (EIPs) for individuals with representative payees, which states that “a representative payee should discuss the EIP with the beneficiary [and] if the beneficiary wants to use the EIP independently, the representative payee should provide the EIP to the beneficiary.” Additionally, the National Center on Law & Elder Rights has published guidance stating that the “SSA does not have the authority to investigate whether the representative payee has misused the beneficiary’s stimulus payment” and, as a result, “the beneficiary should also consider if there is any other agency or entity, other than SSA, that has oversight over the payee where the beneficiary could make a complaint.”

Consequently, we believe you may provide account and EIP information to the beneficiary of a representative payee account, as they may need to determine if the representative payee is misusing the account funds.

For resources related to our guidance, please see:

Social Security Administration Regulations, 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 [the beneficiary’s] 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; . . .”)

Social Security Administration, When a Representative Payee Manages Your Money p. 3 (“What to do if you have problems with your payee. You and your payee should talk about how much money you receive from Social Security and how to spend it on your needs. Then talk with your payee about how you want to use your money. If you can’t agree on how to spend your money, or if you believe your payee is misusing or stealing your funds, contact Social Security.”)

Social Security Administration, When a Representative Payee Manages Your Money p. 2 (“Your payee must keep accurate records of how they spend your money. Your payee must also regularly report this information to Social Security. Social Security will mail your payee a form once a year.”)

Social Security Administration, Economic Impact Payments (May 1, 2020) (“How should a representative payee use a beneficiary’s economic impact payment (EIP)? The EIP belongs to the Social Security or SSI beneficiary. It is not a Social Security or SSI benefit. A representative payee should discuss the EIP with the beneficiary. If the beneficiary wants to use the EIP independently, the representative payee should provide the EIP to the beneficiary. If the beneficiary asks the representative payee for assistance in using the EIP in a specific manner or saving it, the representative payee can provide that assistance outside the role of a representative payee.”)

National Center on Law & Elder Rights, Stimulus Payments and Representative Payees: What You Need to Know (“What if the Representative Payee Does Not Release the Payment to Individuals — What Recourse do They Have? SSA does not have the authority to investigate whether the representative payee has misused the beneficiary’s stimulus payment. However, if SSA receives an allegation that the payee did not use the payment on behalf of the beneficiary, SSA may decide to investigate the payee for possible misuse of the beneficiary’s benefits from SSA. SSA may also determine the representative payee is no longer suitable and appoint a new representative payee. The beneficiary should also consider if there is any other agency or entity, other than SSA, that has oversight over the payee where the beneficiary could make a complaint. The beneficiary could also file a complaint with their state’s Attorney General to get help with getting the payment from the payee.”)