Utah Admin. Code R539-3-5 - Representative Payee Services
(1)
Except as described in Subsections (1)(a) through (1)(c), a person shall have
access to and control over their personal funds.
(a) A resident of the developmental center or
the guardian requests that the developmental center act as the representative
payee.
(b) A provider human rights
committee approves a restriction on the use and access to personal
funds.
(c) An administrative or
court order requires the person to use a representative
payee.
(2) The
representative payee shall follow each Social Security Administration
requirement as described in
20
CFR 416.601 through 20 CFR 416.665 (2020),
incorporated by reference.
(3) The
division shall review a sample of representative payee files from provider
records on an annual basis. The division may work with any other office or
bureau of the Department of Human Services and the Department of Health to
audit provider records.
(4) The
division shall act as representative payee when:
(a) the department has guardianship or
conservatorship and the Social Security Administration the division as
representative payee;
(b) a
resident of the developmental center or the guardian requests that the
developmental center act as the representative payee; or
(c) an administrative or court order requires
the division to act as representative payee for a resident of the developmental
center.
(5) The division
shall give the person written notice to end any representative payee
relationship as described in Subsection R539-3-5(4).
(6) The person shall complete a change of
representative payee through the Social Security Administration.
Notes
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