Question QUESTION: If a minor child (beneficiary)is living with her custodial parent (representative payee), in a house, owned free and clear by the parent,and driving one of the parent's cars that is owned free and clear by the parent, what is a reasonable and acceptable method for calculating the child's housing expense and transportation expense for the Form SSA-623-F6? Thanks!
ANSWER: GN 00602.001 Use of Benefits
Citations:
20 CFR 404.2035 - 404.2045, 20 CFR 416.635 - 416.645
A. POLICY
1. Representative Payee Responsibilities for Benefit Use
A payee, subject to SSA policy and regulations, has the responsibility to use the benefits received on behalf of a beneficiary only for the use and benefit of the beneficiary. The payee receives the benefit with the full right and duty to spend it, in the best interests of the beneficiary, according to his/her best judgment.
2. Proper Use of Benefits
A payee must use benefits to provide for the beneficiary's current needs such as food, clothing, housing, medical care and personal comfort items, or for reasonably foreseeable needs. If not needed for these purposes or, in title II only, for the support of the beneficiary's legally dependent spouse, child, and/or parent, the payee must conserve or invest benefits on behalf of the beneficiary.
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QUESTION: I am familiar with the SSA Policy. Can you point me in the direction of an opinion or precedent for a reasonable and acceptable method for calculating the child's housing expense and transportation expense when the home and car in use are owned by the custodial parent free and clear?
Answer I was unable to locate any Social Security rulings on your particular situation. I personally would think that you could use the child's prorata share of gas/electric, water, home owner's insurance and taxes on the property. You could consider the child's car expenses based on gas or mileage, insurance and cost of licensing the vehicle etc.
When completing the form SSA623 it is usually best to show you spent all of the money. If you saved money because of using your own funds to provide for the child, you should reverse the situation and count all expenses paid as from the Social Security benefit and saved money from your personal funds. It goes much smoother if you just tell SS the money was spent to meet the child's needs on food, clothing and shelter. Normally the amount of the check is not enough to even cover the child's basic needs.
