---
kind: "section"
citation: "5 C.F.R. § 849.303"
title: "5"
number: "849.303"
heading: "Individuals who may not serve as a representative payee."
url: "https://uscodex.org/cfr/5/849.303"
---

# §849.303. Individuals who may not serve as a representative payee.


A representative payee applicant may not serve as a representative payee if he or she:

- (a) Is under the age of 18, unless he or she is the custodial parent of the minor child applying for or receiving the annuity;
- (b) Is found by a court to be incompetent or receives benefits under title II or title XVI of the Social Security Act through a representative payee or receives a retirement annuity pursuant to CSRS or FERS through a representative payee;
- (c) Has previously served as a representative payee and has been found by a court of competent jurisdiction to have misused benefits;
- (d) **Has been convicted of a violation of—**
  - (1) 5 U.S.C. [8345a](/usc/5/8345a.md) or [8466a](/usc/5/8466a.md);
  - (2) Section 208 or 1632 of the Social Security Act (42 U.S.C. [408](/usc/42/408.md), [1383a](/usc/42/1383a.md)); or
  - (3) [38 U.S.C 6101](/usc/38/6101.md); or
- (e) **Has been convicted of an offense resulting in imprisonment for more than one year.** The agency may make exception to the prohibition in this [paragraph (e)](#e) if the nature of the conviction is such that selection of the applicant poses no risk to the annuitant and the exception is in the best interest of the annuitant.

## Notes

### Authority

Authority: 5 U.S.C. 8331; 5 U.S.C. 8345(e)-(f); 5 U.S.C. 8345a; 5 U.S.C. 8401; 5 U.S.C. 8461; 5 U.S.C. 8466(c)-(d); 5 U.S.C. 8466a.

### Source

Source: 86 FR 57012, Oct. 14, 2021, unless otherwise noted.