Supporting Statement for
Representative Payment Policies Regulation
20 CFR 404.2011, 404.2025, 416.611 & 416.625
OMB No. 0960-0679
Justification
Introduction/Authoring Laws and Regulations
Sections 205(j)(1)(D) and (3)(A); 702(a)(5);1631(a)(2)(B)(viii) and (C)(1); and 807 of the Social Security Act, and Section 251(a), Subsection 807 of Public Law 106-169, provide that the Social Security Administration (SSA) issue Title II benefits, or Title XVI payments, directly to a representative payee (i.e., a relative, another person, or an organization interested in or concerned about the welfare of the recipient) when we determine it is not in a recipient's best interest to receive benefits or payments directly. Sections 20 CFR 404.2011 and 20 CFR 416.611 of the Code of Federal Regulations allow recipients to dispute SSA’s finding of substantial harm. Sections 20 CFR 404.2025 and 20 CFR 416.625 of the Code of Federal Regulations provide a process to follow up with the representative payee to verify payee performance. This Information Collection Request is for the Code of Federal Regulations citations mandating these provisions.
Description of Collection
Per 20 CFR 404.2011 and 20 CFR 416.611 of the Code of Federal Regulations, if SSA determines it may cause substantial harm for Title II or Title XVI recipients to receive their payments directly, recipients may dispute that decision. To do so, recipients provide SSA with information the agency uses to re-evaluate its determination. In addition, our regulations state that after SSA selects a representative payee to receive benefits on a recipient’s behalf, the payees provide SSA with information on their continuing relationship and responsibility for the recipients, and explain how they use the recipients’ payments. Sections 20 CFR 404.2025 and 20 CFR 416.625 of the Code of Federal Regulations provide a process to follow up with the representative payee to verify payee performance. The respondents are Title II and Title XVI recipients, and their representative payees.
Use of Information Technology to Collect the Information
SSA does not collect the information through forms or any other standardized information collection; therefore, we cannot create any electronic version for these regulatory requirements under the Government Paperwork Elimination Act. SSA obtains the information during face-to-face interviews; telephone conversations with the recipient when we re-contact the representative payee for allegations of misuse; or during an expanded monitoring program site visit.
Why We Cannot Use Duplicate Information
The nature of the information we collect and the manner in which we collect it precludes duplication. SSA does not use another collection instrument to obtain similar data.
Minimizing Burden on Small Respondents
This collection does not significantly affect small businesses or other small entities.
Consequence of Not Collecting Information or Collecting it Less Frequently
There are very few instances where a Title II or Title XVI recipient disputes our finding of substantial harm. However, if we did not collect this information, we would be unable to afford the recipient their right to dispute our finding. Further, on occasion, we may need to re-contact a representative payee after selection to ensure the recipient is not at risk. Because we collect the information on an as needed basis, we cannot collect it less frequently. There are no technical or legal obstacles to burden reduction.
Special Circumstances
There are no special circumstances that would cause SSA to conduct this information collection in a manner inconsistent with 5 CFR 1320.5.
Solicitation of Public Comment and Other Consultations with the Public
The 60-day advance Federal Register Notice published on April 9, 2015, at 80 FR 19102, and we received no public comments. SSA published the second Notice on June 23, 2015, at 80 FR 36031. If we receive comments in response to the 30‑day Notice, we will forward them to OMB. We did not consult with the public in the revision of this form.
Payment or Gifts to Respondents
SSA does not provide payments or gifts to the respondents.
Assurances of Confidentiality
SSA protects and holds confidential the information it collects in accordance with 42 U.S.C. 1306, 20 CFR 401 and 402, 5 U.S.C. 552 (Freedom of Information Act), 5 U.S.C. 552a (Privacy Act of 1974), and OMB Circular No. A-130.
Justification for Sensitive Questions
The information collection does not contain any questions of a sensitive nature.
Estimates of Public Reporting Burden
The following chart shows the estimates for each set of regulations (each set contains one citation from our Title II and one from our Title XVI regulations):
CFR Citation |
Number of Respondents |
Frequency of Response |
Average Burden Per Response (minutes) |
Estimated Total Annual Burden (hours) |
404.2011(a)(1); 416.611(a)(1) |
250 |
1 |
15 |
63 |
404.2025; 416.625 |
3,000 |
1 |
6 |
300 |
Totals |
3,250 |
|
|
363 |
The total burden for this ICR is 363 hours. This figure represents burden hours, and we did not calculate a separate cost burden.
Annual Cost to the Respondents (Other)
There is no known cost burden to respondents.
Annual Cost To Federal Government
The annual cost to the Federal Government is approximately $50,733. This estimate is a projection of the costs for collecting and processing the information.
Program Changes or Adjustments to the Information Collection Request
There are no changes in the public reporting burden.
Plans for Publication Information Collection Results
SSA will not publish the results of the information collection.
Displaying the OMB Approval Expiration Date
SSA is not requesting an exception to the requirement to display the OMB approval expiration date.
Exceptions to Certification Statement
SSA is not requesting an exception to the certification requirements at 5 CFR 1320.9 and related provisions at 5 CFR 1320.8(b)(3).
Collections of Information Employing Statistical Methods
SSA does not use statistical methods for this information collection.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | Supporting Statement for |
| Author | OPB |
| File Modified | 0000-00-00 |
| File Created | 2021-01-25 |