42 U.S.C. § 1005 — Benefit amount

Page 2503 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1007 Commissioner of Social Security as soon as practicable after the removal of any individual under section 1227(a) or 1182(a)(6)(A) of title 8. (Aug. 14, 1935, ch. 531, title VIII, § 804, as added Pub. L. 106–169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1845; amended Pub. L. 108–203, title II, § 203(c), Mar. 2, 2004, 118 Stat. 511.) Editorial Notes PRIOR PROVISIONS For prior provisions, see note set out under section 1001 of this title. AMENDMENTS 2004—Subsec. (a)(2). Pub. L. 108–203 substituted ‘‘or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term ex- ceeding 1 year regardless of the actual sentence im- posed’’ for ‘‘or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–203 effective on the first day of the first month that begins on or after the date that is 9 months after Mar. 2, 2004, see section 203(d) of Pub. L. 108–203, set out as a note under section 402 of this title. § 1005. Benefit amount The benefit under this subchapter payable to a qualified individual for any month shall be in an amount equal to 75 percent of the Federal ben- efit rate under subchapter XVI for the month, reduced by the amount of the qualified individ- ual’s benefit income for the month. (Aug. 14, 1935, ch. 531, title VIII, § 805, as added Pub. L. 106–169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1845.) Editorial Notes PRIOR PROVISIONS For prior provisions, see note set out under section 1001 of this title. § 1006. Applications and furnishing of informa- tion (a) In general The Commissioner of Social Security shall, subject to subsection (b), prescribe such require- ments with respect to the filing of applications, the furnishing of information and other mate- rial, and the reporting of events and changes in circumstances, as may be necessary for the ef- fective and efficient administration of this sub- chapter. (b) Verification requirement The requirements prescribed by the Commis- sioner of Social Security under subsection (a) shall preclude any determination of entitlement to benefits under this subchapter solely on the basis of declarations by the individual con- cerning qualifications or other material facts, and shall provide for verification of material in- formation from independent or collateral sources, and the procurement of additional in- formation as necessary in order to ensure that the benefits are provided only to qualified indi- viduals (or their representative payees) in cor- rect amounts. (Aug. 14, 1935, ch. 531, title VIII, § 806, as added Pub. L. 106–169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1846.) Editorial Notes PRIOR PROVISIONS For prior provisions, see note set out under section 1001 of this title. § 1007. Representative payees (a) In general If the Commissioner of Social Security deter- mines that the interest of any qualified indi- vidual under this subchapter would be served thereby, payment of the qualified individual’s benefit under this subchapter may be made, re- gardless of the legal competency or incom- petency of the qualified individual, either di- rectly to the qualified individual, or for his or her use and benefit, to another person (the meaning of which term, for purposes of this sec- tion, includes an organization) with respect to whom the requirements of subsection (b) have been met (in this section referred to as the qualified individual’s ‘‘representative payee’’). If the Commissioner of Social Security determines that a representative payee has misused any benefit paid to the representative payee pursu- ant to this section, 405(j) of this title, or section 1383(a)(2) of this title, the Commissioner of So- cial Security shall promptly revoke the person’s designation as the qualified individual’s rep- resentative payee under this subsection, and shall make payment to an alternative represent- ative payee or, if the interest of the qualified in- dividual under this subchapter would be served thereby, to the qualified individual. (b) Examination of fitness of prospective rep- resentative payee (1) Any determination under subsection (a) to pay the benefits of a qualified individual to a representative payee shall be made on the basis of— (A) an investigation by the Commissioner of Social Security of the person to serve as rep- resentative payee, which shall be conducted in advance of the determination and shall, to the extent practicable, include a face-to-face interview with the person (or, in the case of an organization, a representative of the organiza- tion); and (B) adequate evidence that the arrangement is in the interest of the qualified individual. (2) As part of the investigation referred to in paragraph (1), the Commissioner of Social Secu- rity shall— (A) require the person being investigated to submit documented proof of the identity of the person; (B) in the case of a person who has a social security account number issued for purposes of the program under subchapter II or an em- ployer identification number issued for pur- poses of the Internal Revenue Code of 1986, verify the number;