N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 398-4.7

Current through Register Vol. 46, No. 36, September 4, 2024

Section 398-4.7 - Designated representatives

(a)SSI and SSP recipients.

(1) Any individual or couple receiving both SSI and SSP benefits for whom the SSA has assigned a representative payee or for whom the SSP recipient has voluntarily designated a representative payee shall retain the same federally appointed or voluntarily designated representative payee for purposes of their SSP benefits and such individual shall be deemed a designated representative with payee authority for NYS purposes.

(2) Any changes to SSA representative payees appointed or assigned at the federal level must be processed through SSA.

(b)SSP-only recipients. Individuals or couples receiving SSP-only benefits may request a designated representative and may grant authority for the designated representative to act as a payee, or to represent the SSP recipient at a fair hearing, or to assist in case management by providing and obtaining information about the case. A designated representative payee is required for a minor child and for those individuals who have been found to lack capacity under article 81 of the Mental Hygiene Law or where the need for a designated representative payee is deemed appropriate under procedures established by the Office.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 398-4.7

Adopted by New York State Register September 24, 2014/Volume XXXVI, Issue 38, eff. 10/1/2014.

Amended New York State Register January 13, 2021/Volume XLIII, Issue 02, eff. 1/13/2021