Code of Federal Regulations (alpha)

CFR /  Title 20  /  Part 416  /  Sec. 416.546 Payment into dedicated accounts of past-due benefits

For purposes of this section, amounts subject to payment into dedicated accounts (see Sec. 416.640(e)) include the amounts described in Sec. 416.545(a) (1), (2), and (3).

(a) For an eligible individual under age 18 who has a representative payee and who is determined to be eligible for past-due benefits (including any federally administered State supplementation) in an amount which, after applying Sec. 416.525 (reimbursement to States for interim assistance) and Sec. 416.1520 (payment of attorney fee), exceeds six times the Federal Benefit Rate plus any federally administered State supplementation payable in a month, this unpaid amount must be paid into the dedicated account established and maintained as described in Sec. 416.640(e).

(b) After the account is established, the representative payee may (but is not required to) deposit into the account any subsequent funds representing past-due benefits under this title to the individual which are equal to or exceed the maximum Federal Benefit Rate (including any federally administered State supplementation).

(c) If the underpaid individual dies before all the benefits due have been deposited into the dedicated account, we will follow the rules which apply to underpayments for the payment of any unpaid amount due to any eligible survivor as described in Sec. 416.542(b). [61 FR 67206, Dec. 20, 1996, as amended at 76 FR 453, Jan. 5, 2011]