Printing - FECA-PT2 - National Association of Letter Carriers

Human Services Office of Child Support Enforcement in order to identify parents who owe child
support. In such cases, state agencies may issue Income Withholding Orders for back child
support.
e. Representative Payee. When OWCP determines that a beneficiary is incapable of managing
his or her benefits because of a mental or physical disability, legal incompetence, or because he or
she is under 18 years of age, OWCP in its sole discretion may approve a person to serve as the
representative payee for funds due the beneficiary. Where a guardian or other party has been
appointed by a court or administrative body authorized to do so, to manage the financial affairs of
the claimant, OWCP will recognize that individual as the representative payee. 20 C.F.R. § 10.424.
The representative payee is not equivalent to an authorized representative which may be
designated by a claimant to represent him before proceedings before the OWCP, pursuant to 5
U.S.C. 8127 and Procedure Manual, Chapter 2-1200.
(1) Where the beneficiary is 18 years old or older and no guardian has been appointed,
OWCP shall approve the person or institution in the following order of preference:
(a) an individual or institution having legal custody of the beneficiary;
(b) a spouse, other relative, or friend, in that order, who demonstrates strong
concern for the personal welfare of the beneficiary;
(c)
someone qualified and willing to serve as a payee for a beneficiary.
(2) Where the beneficiary is under age 18 and there is no parent or legal guardian, the
following order of preference should be followed:
(a) an individual who has custody of the beneficiary;
(b) an individual who is contributing toward the beneficiary's support;
(c)
an individual demonstrating concern for the beneficiary's well-being;
(d) an authorized social agency or custodial institution.
(3) Upon approval of a representative payee, the CE will advise the payee that they have
the responsibility to spend or invest payments received only for the benefit of the
beneficiary, in the order outlined in (4) below; that they must notify OWCP of any event
that would effect the amount of benefits, such as status of dependents; that they must
advise OWCP of any change in the payee's circumstances that would affect performance of
the payee's responsibilities; and that they must submit to OWCP, upon request, a written
report accounting for the benefits received.
(4) Ask the payee to submit a statement accounting for the benefits, where there is any
question about the manner in which the payee is using the benefits. Examine the statement
to ensure that the benefits are used in the following order:
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