TN 7 (03-02)
GN 00602.060 Beneficiary Confined to Institution for Criminally Insane
If a beneficiary is eligible for benefits while confined to an institution for the criminally insane, a payee may use benefits to defray maintenance charges only if State law makes the beneficiary's estate responsible for care and maintenance.
NOTE: A change in the Social Security Act in February 1995 provided for suspension of title II benefits to individuals who are found to be not guilty by reason of insanity, guilty but insane or incompetent to stand trial (See GN 02607.001 for nonpayment of benefits to prisoners and certain other inmates).
See SI 00520.001 when a SSI recipient is confined in a public institution.
See GN 02607.001 if a disabled child beneficiary is confined to a State correctional institution for conviction of a felony or other criminal offense.
See GN 01010.820 if decision is to submit the case for a legal opinion.