If representative payment changed since the time of the overpayment and the current representative payee was not the representative payee at the time the overpayment occurred,

• •

  Suppress the AONS notice and

• •

  Send an overpayment notice along with the SSA-L8176 Cover Sheet to both representative payees.

For policy and procedures on the use of the SSA-L8176, see SI 02220.010.

If a government entity raises a legal question regarding its liability:

• •

  Forward the question to the Regional Attorney through the Assistant Regional Commissioner for Management and Operations Support (ARC MOS).

• •

  Coordinate further recovery efforts with the regional attorney.

A representative payee may use a recipient's properly conserved funds to repay an overpayment only if:

• •

  The overpaid recipient is liable for the repayment of the overpayment; and

• •

  You have not waived recovery of the overpayment with respect to the overpaid recipient.

NOTE: Funds misused by a representative payee are reissued to the SSI individual. However, if the SSI individual has been overpaid, the reissued funds will be used to reduce or recover the outstanding overpayment.

The representative payee cannot use dedicated account funds to repay an overpayment.

For information on repayment of misapplied dedicated account funds, see GN 00602.150.

If the representative payee is:

1. a. 

   Liable (either individually or jointly) for repayment of an overpayment, and

2. b. 

   They are eligible for title II benefits on their own earnings, and

3. c. 

   Recovery is waived or otherwise unavailable on the SSI individual's own record:

   • •

     Recover the overpayment from the representative payee's title II payments.

   • •

     Use the UOPD screen to select “13” RECOVERS FROM TITLE II BENEFITS – see MSOM BUSSR 004.008, SM 00616.030 and SM 01311.255 for instructions.

   EXAMPLE: An SSI beneficiary, is also the representative payee for another recipient. who was overpaid $300 in March 2008. Social Security granted a waiver recovery from their record. The FO should use the P TAC process to transfer the overpayment to payee's record for recovery.

   NOTE: 

   Cross-program recovery is available in all States except those select cases in New York that fall within the Ellender class action suit.

   For criteria for inclusion in the Ellender class, see GN 02210.214.

1. a. 

   If the liable representative payee is receiving SSI payments, recover the recipient’s overpayment from the representative payees’ title XVI payments.

2. b. 

   Use the P TAC/Q TAC process to transfer the overpayment to the representative payees’ record. For information on the P TAC/ Q TAC process, see SM 01311.300 and SM 01311.350.