416.622—Who may not serve as a representative payee?
A representative payee applicant may not serve if he/she:
(b)
Has been convicted of an offense resulting in imprisonment for more than 1 year. However, we may make an exception to this prohibition, if the nature of the conviction is such that selection of the applicant poses no risk to the beneficiary and the exception is in the beneficiary's best interest.
(d)
Previously served as a representative payee and was found by us, or a court of competent jurisdiction, to have misused title II, VIII or XVI benefits. However, if we decide to make an exception to the prohibition, we must evaluate the payee's performance at least every 3 months until we are satisfied that the payee poses no risk to the beneficiary's best interest. Exceptions are made on a case-by-case basis if all of the following are true:
(3)
Selecting the payee applicant as representative payee would be in the best interest of the beneficiary.
(4)
The information we have indicates the applicant is now suitable to serve as a representative payee.
(e)
Is a creditor. A creditor is someone who provides you with goods or services for consideration. This restriction does not apply to the creditor who poses no risk to you and whose financial relationship with you presents no substantial conflict of interest, and is any of the following:
(3)
A facility that is licensed or certified as a care facility under the law of a State or a political subdivision of a State.
(4)
A qualified organization authorized to collect a monthly fee from you for expenses incurred in providing representative payee services for you, under § 416.640a.
(5)
An administrator, owner, or employee of the facility in which you live and we are unable to locate an alternative representative payee.