---
kind: "section"
citation: "20 C.F.R. § 404.2020"
title: "20"
number: "404.2020"
heading: "Information considered in selecting a representative payee."
url: "https://uscodex.org/cfr/20/404.2020"
---

# §404.2020. Information considered in selecting a representative payee.


In selecting a payee we try to select the person, agency, organization or institution that will best serve the interest of the beneficiary. In making our selection we consider—

- (a) The relationship of the person to the beneficiary;
- (b) The amount of interest that the person shows in the beneficiary;
- (c) Any legal authority the person, agency, organization or institution has to act on behalf of the beneficiary;
- (d) Whether the potential payee has custody of the beneficiary;
- (e) Whether the potential payee is in a position to know of and look after the needs of the beneficiary;
- (f) The potential payee's criminal history; and
- (g) Whether the beneficiary made an advance designation (see [§ 404.2018](/cfr/20/404.2018.md)).

## Notes

### Amendments

[47 FR 30472, July 14, 1982, as amended at 84 FR 4325, Feb. 15, 2019; 85 FR 7664, Feb. 11, 2020]

### Authority

Authority: Secs. 205(a), (j), and (k), and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), (j), and (k), and 902(a)(5)).

### Source

Source: 47 FR 30472, July 14, 1982, unless otherwise noted.

### Amendments

[47 FR 30472, July 14, 1982, as amended at 84 FR 4325, Feb. 15, 2019; 85 FR 7664, Feb. 11, 2020]