Federal Register / Vol. 89, No. 212 / Friday, November 1, 2024 / Notices 87453 

certification renewal every three years. 

All certification renewals and annual 

reviews are done electronically. This 

new information collection will allow 

for certification compliance in the 8(a), 

HUBZone, WOSB/EDWOSB, and VOSB/ 

SDVOSB programs through one system. 

By having one system, the process is 

streamlined and easier for small 

businesses submitting for recertification. 

Failing to collect the information 

described above would impede SBA’s 

ability to fulfill its statutory mandates to 

recertify 8(a), HUBZone, VOSB/ 

SDVOSB, and WOSB/EDWOSB 

certification compliance in the 

programs, and maintain and update the 

list of certified small business concerns. 

This PRA submission is a new 

information collection for SBA Form 

2539 and will combine certification 

renewals and annual reviews into one 

unified information collection. 

Solicitation of Public Comments 

Comments may be submitted on (a) 

whether the collection of information is 

necessary for the agency to properly 

perform its functions; (b) whether the 

burden estimates are accurate; (c) 

whether there are ways to minimize the 

burden, including through the use of 

automated techniques or other forms of 

information technology; and (d) whether 

there are ways to enhance the quality, 

utility, and clarity of the information. 

OMB Control Number: 3245–XXXX. 

Title: Business Development and 

Unified Certification Renewal. 

Description of Respondents: Small 

Business concerns applying for SBA 

certification renewal and annual review 

in the 8(a), HUBZone, WOSB/EDWOSB, 

and VOSB/SDVOSB programs. 

SBA Form Number: SBA Form 2539. 

Estimated Number of Respondents: 

21,712. 

Estimated Annual Responses: 21,712. 

Estimated Annual Hour Burden: 

28,949. 

Curtis Rich, 

Agency Clearance Officer. 

[FR Doc. 2024–25461 Filed 10–31–24; 8:45 am] 

BILLING CODE 8026–09–P 

SOCIAL SECURITY ADMINISTRATION 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

[DOCKET NO. SSA–2024–0038] 

Request for Information: Use and 

Conservation of Social Security 

Benefits and Supplemental Security 

Income (SSI) Payments That 

Representative Payees Receive for 

Beneficiaries Residing in Foster Care 

AGENCY: Social Security Administration 

and Children’s Bureau, Administration 

for Children and Families, Department 

of Health and Human Services. 

ACTION: Request for information. 

SUMMARY: The Department of Health and 

Human Services (HHS), Administration 

for Children and Families (ACF), 

Administration for Children, Youth, and 

Families (ACYF), Children’s Bureau 

(CB) oversees the child welfare system, 

which is administered by State, local, 

and Tribal child welfare agencies 

nationwide. The Social Security 

Administration (SSA) administers the 

Social Security and Supplemental 

Security Income (SSI) programs. This 

request for information (RFI) seeks 

public input to inform how Federal 

agencies can support broader State and 

local efforts to improve the outcomes of 

children in the child welfare system 

who are eligible for Federal benefits. 

The input we receive will inform our 

deliberations about potential policy 

changes. 

DATES: To ensure that your comments 

are considered, we must receive them 

no later than December 2, 2024. 

ADDRESSES: You may submit comments 

by any one of three methods—internet, 

fax, or mail. Do not submit the same 

comments multiple times or by more 

than one method. Regardless of which 

method you choose, please state that 

your comments refer to Docket No. 

SSA–2024–0038 so that we may 

associate your comments with the 

correct docket. 

Caution: You should be careful to 

include in your comments only 

information that you wish to make 

publicly available. We strongly urge you 

not to include in your comments any 

personal information, such as Social 

Security numbers or medical 

information. 

1. Internet: We strongly recommend 

that you submit your comments via the 

internet. Please visit the Federal 

eRulemaking portal at http://

www.regulations.gov. Use the Search 

function to find docket number SSA– 

2024–0038. The system will issue a 

tracking number to confirm your 

submission. You will not be able to 

view your comment immediately 

because we must post each comment 

manually. It may take up to a week for 

your comment to be viewable. 

2. Fax: Fax comments to 1–833–410– 

1631. 

3. Mail: Mail your comments to the 

Office of Legislation and Congressional 

Affairs, Regulations and Reports 

Clearance Staff, Social Security 

Administration, Mail Stop 3253 

Altmeyer, 6401 Security Boulevard, 

Baltimore, Maryland 21235–6401. 

Comments are available for public 

viewing on the Federal eRulemaking 

portal at http://www.regulations.gov or 

in person, during regular business 

hours, by arranging with the contact 

person identified below. 

FOR FURTHER INFORMATION CONTACT: 

Peter Smith, Social Security 

Administration, 6401 Security 

Boulevard, Baltimore, MD 21235–6401, 

(410) 966–3235 for information about 

this notice. For information on 

eligibility or filing for benefits, call our 

national toll-free number, 1–800–772– 

1213 or TTY 1–800–325–0778, or visit 

our internet site, Social Security Online, 

at http://www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: Some 

children in foster care are eligible for 

various types of Federal benefit 

payments. Among the Federal payments 

that may be available to children in 

foster care are Social Security benefits 

and Supplemental Security Income 

(SSI) payments. Because of the 

importance of these Federal benefits 

received by members of this vulnerable 

population, we address these benefits 

and their operation specifically in this 

RFI. While the scope of this RFI is 

limited to Social Security benefits and 

SSI payments, we recognize that this 

issue is broader than just those Federal 

benefits paid by SSA. 

Children can become eligible for 

Social Security benefits because of the 

disability, retirement, or death of a 

parent, and can become eligible for SSI 

because of their own disability. Whether 

these children receive benefits during 

their stay in foster care, and how 

benefits are managed on their behalf if 

they do receive them, have emerged as 

complex policy and operational issues 

in recent years. This RFI seeks to better 

understand relevant policy issues to 

inform HHS’s and SSA’s joint 

consideration of how to meet the goals 

of the respective foster care and Social 

Security programs to promote positive 


khammond on DSKJM1Z7X2PROD with NOTICES
87454 Federal Register / Vol. 89, No. 212 / Friday, November 1, 2024 / Notices 

1Congressional Research Service, Children in 

Foster Care and Social Security Administration 

Benefits: Frequently Asked Questions, S. Rep. No. 

R46975 (Nov 23, 2021). 

2See 42 U.S.C. 1382(a) and 1382c(a). 

3See 42 U.S.C. 402(d). 

4For brevity, this notice occasionally uses the 

term ‘‘SSA benefits’’ to refer to Social Security 

benefits and SSI payments collectively when the 

statement applies to both and a distinction is not 

necessary. Similarly, the notice occasionally uses 

the term ‘‘SSA beneficiary’’ to refer collectively to 

individuals receiving Social Security benefits, SSI 

payments, or both when a distinction is not 

necessary. 

5Social Security Administration, Study on the 

Conservation of Funds by Child Welfare Agency 

Representative Payees, June 2024. 

6 Department of Health and Human Services, 

Administration of Children and Families, 

Children’s Bureau, The AFCARS (Adoptions and 

Foster Care Analysis and Reporting System) Report, 

FY 2022 Data, https://www.acf.hhs.gov/sites/ 

default/files/documents/cb/afcars-report-30.pdf. 

7The Annie E. Casey Foundation, Child Welfare 

and Foster Care Statistics (blog), Entry posted May 

16, 2022. Accessed July 29, 2024, https://

www.aecf.org/blog/child-welfare-and-fostercarestatistics#:∼:text=Youth%20Aging%20Out%

20of%20Foster%20Care&text=Not%

20surprisingly%2C%20these%20youth%

20and,and%20other%20potentially%20lifelong%

20adversities. 

8The Annie E. Casey Foundation, Extended 

Foster Care Explained (blog), Entry posted May 24, 

2021. Updated May 20, 2023. Accessed July 29, 

2024. https://www.aecf.org/blog/extended-fostercare-explained. 

9Congressional Research Service, Children in 

Foster Care and Social Security Administration 

Benefits: Frequently Asked Questions, S. Rep. No. 

R46975 (Nov 23, 2021). 

10 Young Adults Formerly in Foster Care: 

Challenges and Solutions. Accessed on October 11, 

2024, available at: https://youth.gov/youth-briefs/

foster-care-youth-brief/challenges. 

11Manasi Deshpande, Michael Mueller-Smith, 

‘‘Does Welfare Prevent Crime? the Criminal Justice 

Outcomes of Youth Removed from SSI,’’ The 

Quarterly Journal of Economics, Volume 137, Issue 

4, November 2022, Pages 2263–2307, https://

doi.org/10.1093/qje/qjac017. 

12 Department of Health and Human Services, 

Administration for Children and Families, 

Children’s Bureau, The AFCARS (Adoptions and 

Foster Care Analysis and Reporting System) Report, 

FY 2022 Data, https://www.acf.hhs.gov/sites/

default/files/documents/cb/afcars-report-30.pdf. 

13Congressional Research Service, Children in 

Foster Care and Social Security Administration 

Benefits: Frequently Asked Questions, S. Rep. No. 

R46975 (Nov 23, 2021). 

14Congressional Research Service, Children in 

Foster Care and Social Security Administration 

Benefits: Frequently Asked Questions, S. Rep. No. 

R46975 (Nov 23, 2021). 

15The Annie E. Casey Foundation, Foster Care 

Race Statistics (blog), Entry posted on April 13, 

2020, Updated on May 14, 2023. Accessed on 

August 7, 2024, available at: https://www.aecf.org/ 

blog/us-foster-care-population-by-race-andethnicity. 

16Congressional Research Service, Children in 

Foster Care and Social Security Administration 

Benefits: Frequently Asked Questions, S. Rep. No. 

R46975 (Nov 23, 2021). 

17Weaver, David, ‘‘Parental Mortality and 

Outcomes among Minor and Adult Children’’ 

(September 5, 2019). Population Review, Volume 

58, Number 2, 2019, Available at SSRN: https://

ssrn.com/abstract=3471209; Evermore, America’s 

outcomes for children. This notice first 

describes what we understand about 

this population of children and the 

policy and operational issues related to 

their Federal benefits, and it then 

invites the public to answer specific 

questions to help inform our next steps. 

To achieve our goals, we seek to receive 

responses from a host of interested 

partners, including States, Tribes, 

grantees, and community providers, and 

we also strongly encourage responses 

from respondents with lived experience 

of SSA benefits, youth, parents, 

relatives, caregivers, foster and adoptive 

parents, advocacy and philanthropic 

organizations, and anyone else with an 

interest in this issue area. 

Profile of SSA Beneficiary Children in 

Foster Care 

SSA provides benefits to about 27,000 

children in foster care (5.3% of all 

children in foster care).1 These children 

receive benefits from one or both of the 

following programs: 

1. SSI, for which children may qualify 

if their medical conditions meet the 

statutory definition of disability, as well 

as certain financial requirements,2 or, 

2. Social Security, for which children 

may qualify based on the disability, 

retirement, or death of an insured 

parent.3

Among children in foster care who 

receive SSA benefits,4 about half receive 

Social Security (typically after the death 

of a parent) and about half receive SSI.5

A small percentage of children in foster 

care receive both Social Security and 

SSI concurrently. 

Some children enter foster care 

already receiving SSA benefits. Others 

begin receiving benefits after their foster 

care placement. A typical child in foster 

care spends less than two years in care. 

About one-third of children exiting 

foster care in FY 2022 spent less than a 

year in care, and about 63 percent spent 

less than two years in care.6

About nine percent of youth who 

exited foster care in FY 2022 did so by 

aging out, meaning the youth reached an 

age where they are no longer eligible for 

foster care services. Youth typically age 

out of foster care between the ages of 18 

and 21 years, depending on the State. 

Many of these youth exit foster care 

with limited resources to support 

themselves during this significant 

transition. Former foster youth are at 

increased risk of homelessness, early 

parenthood, and substance abuse.7

Extended foster care is available in most 

States to help meet housing, education, 

medical, and other needs of youth up to 

age 21 at State discretion, who would 

otherwise have aged out of foster care.8

Children who received SSA benefits are 

about as likely as other children to have 

emancipation (i.e. aging out) or 

extended foster care as their case plan 

goal.9

Aging out of foster care poses 

additional challenges for receipt of SSA 

benefits. All children receiving SSI face 

an eligibility redetermination at age 18. 

If they are in foster care, child welfare 

agencies can assist with completing the 

redetermination process. Children who 

do not receive SSI, particularly those 

who are ineligible because of receipt of 

Federal foster care payments that end at 

age 18, may apply for SSI under a 

special application procedure for 

transition-age foster youth. When the 

child meets certain requirements, SSA 

will accept an SSI application up to 180 

days before foster care payments are to 

end. Many SSI recipient children have 

their SSI payments ceased at age 18 

because they have not established that 

they continue to meet the SSI eligibility 

criteria (either the adult disability 

criteria or the SSI financial criteria). 

Like children who age out of foster care, 

children whose SSI payments cease at 

age 18 face many significant challenges. 

These challenges can include unstable 

housing, homelessness, and difficulty 

with employment and educational 

attainment. Often as a result of such 

instability,10 they are twice as likely to 

be charged with income-generating 

crimes than they are to maintain steady 

employment.11

The demographics of children in 

foster care differ somewhat between 

SSA beneficiary and nonbeneficiary 

children. The median age of a child 

entering foster care in FY 2022 was six 

years old.12 However, children in foster 

care receiving Social Security benefits 

and SSI payments are older, on average, 

than those not receiving benefits.13

Nearly half of SSA beneficiary children 

in foster care have a disability, 

compared to about a quarter of children 

in foster care not receiving benefits— 

likely due to the fact that SSI eligibility 

is based on having a qualifying 

disability.14 Finally, children in foster 

care are disproportionately nonWhite.15 However, those receiving 

Social Security or SSI are more likely 

than average to be White and less likely 

to be Hispanic than other foster youth.16

Importance of SSA Benefits for 

Children in Foster Care 

Receiving SSA benefits is very 

important and a critical resource to all 

eligible children and their families. The 

death of a parent can have lasting effects 

on family stability, financial standing, 

and children’s well-being.17 Families 


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Federal Register / Vol. 89, No. 212 / Friday, November 1, 2024 / Notices 87455 

Forgotten Orphans: An Urgent Call for the White 

House and Congress to Address Childhood 

Bereavement (December 2022). Available at: https:// 

evermore.org/wp-content/uploads/2022/12/ 

Evermore-Americas-Forgotten-Orphans.pdf. 

18Romig, Kathleen. ‘‘SSI: A Lifeline for Children 

with Disabilities.’’ Center on Budget and Policy 

Priorities (blog). Entry posted May 11, 2017. 

Accessed July 30, 2024. https://www.cbpp.org/ 

research/social-security/ssi-a-lifeline-for-childrenwith-disabilities. 

19Social Security Administration, Monthly 

Statistical Snapshot, August 2024 (ssa.gov). 

20 Department of Health and Human Services, 

Administration for Children and Families, National 

Survey of Child and Adolescent Well-Being, 

Estimates of Supplemental Security Income 

Eligibility for Children in Out of Home Placements, 

Research Brief No. 12. 

21Congressional Research Service, Children in 

Foster Care and Social Security Administration 

Benefits: Frequently Asked Questions, S. Rep. No. 

R46975 (Nov 23, 2021). 

22 42 U.S.C. 671, 672. 

23American Public Health Services Association, 

Study on Title II and Title XVI Benefits for Children 

in Out-of-Home Placements, 2012. 24 ‘‘Child and Family Well Being System: 

Economic & Concrete Supports as a Core 

Component.’’ Chapin Hall at the University of 

Chicago. Last modified March 2023. https://

www.chapinhall.org/wp-content/uploads/ 

Economic-Supports-deck.pdf. 25Social Security Administration, Program 

Operations Manual System RS 00203.035—Child’s 

Benefits Termination of Entitlement, available at: 

https://secure.ssa.gov/apps10/poms.nsf/lnx/ 

0300203035. 26For children receiving SSI payments, a change 

in living arrangement can affect continued SSI 

eligibility. 27 In certain situations, we will make direct 

payments to a beneficiary under age 18 who shows 

the ability to manage the benefits. See 20 CFR 

404.2010(b), 416.610(b). 

28 20 CFR 404.2020, 404.2021, 416.620, 416.621. 

29Social Security Administration, Program 

Operations Manual System GN 00502.159— 

Additional Considerations When Foster Care 

Agency is Involved, available at: https://

secure.ssa.gov/apps10/poms.nsf/lnx/0200502159. 

30See 20 CFR 404.2021 and 416.621. 

31Social Security Administration, analysis of 

electronic Representative Payee System data 

(February 2023). 

32See 42 U.S.C. 205(j) and 1631(a)(2); 20 CFR 

404.2035(a) and 416.635(a). 

33 20 CFR 404.2040(a), 416.640(a). 

raising children with disabilities face 

higher costs, more demands on their 

time, and more insecurity than families 

not caring for a child with a disability.18

SSA benefits are valuable, averaging 

$1,104 per month for Social Security 

child survivors and $821 for child SSI 

recipients in August 2024.19 The 

income that SSA benefits provide can 

stabilize family finances and help meet 

children’s material needs. 

Potential eligibility among children in 

foster care appears to be higher than 

average, according to research that 

estimated more than 20% of children in 

foster care have health conditions that 

likely make them eligible for SSI.20

Children whose parents die are also 

more likely to be placed in foster care 

and may be eligible for SSA benefits. 

Despite higher-than-average potential 

eligibility, the rate of children in foster 

care receiving SSA benefits is only a 

little higher than the overall rate. In 

addition, the rate of SSA benefit receipt 

among children in foster care varies 

dramatically by State, with five States 

reporting that between 13% and 24% 

receive benefits while nine States 

reported that less than two percent 

receive SSA benefits.21

Child welfare agencies can play an 

important role in ensuring that eligible 

children receive SSA benefits. By law, 

agencies must provide reasonable efforts 

to prevent foster care placements and 

facilitate reunification or permanency— 

but they have significant flexibility in 

how to meet this requirement for 

families.22 We know that access to 

economic and concrete supports—for 

example, Supplemental Nutrition 

Assistance (SNAP) benefits, child care, 

and SSA benefits, when applicable—can 

help keep families together. 

If children are placed in foster care, 

many child welfare agencies screen 

children for potential eligibility for 

Social Security benefits and SSI 

payments as part of their case planning 

activities.23 States also consider 

eligibility for and use of other funding 

sources to meet children’s needs, 

including Title IV–E funds for children 

from low-income families and State 

funds. The decision whether to seek SSI 

payments on behalf of a child who also 

qualifies for Title IV–E foster care 

payments is complicated by the fact the 

Social Security Act requires that the SSI 

payment amount be reduced and 

receiving Title IV–E foster care 

payments could even affect a child’s SSI 

eligibility. 

The presence of economic and 

concrete supports, such as monthly SSA 

benefits, can also speed children’s 

reunification with their families.24

Income from SSA benefits can also 

enhance economic stability for children 

who achieve permanency with other 

caregivers. Children receiving Social 

Security survivors benefits who are 

adopted may also continue to receive 

benefits.25 26

Representative Payees for Children in 

Foster Care 

SSA generally appoints a 

representative payee (payee) to manage 

the benefits of a minor child.27 A payee 

is a person or organization appointed by 

SSA to receive and manage the Social 

Security benefits or SSI payments on 

behalf of a beneficiary or recipient. 

When SSA selects a payee, the agency’s 

primary concern is to choose someone 

who will best serve the child’s 

interest.28 For most child beneficiaries, 

their parents serve as payees. However, 

when parents are not willing, able, or 

suitable to serve as payees—as is more 

often the case for children in foster 

care—SSA must turn to alternatives.29

SSA regulations establish a preferred 

order of selection for payees.30 For child 

beneficiaries, the preferred order is: 

(1) A natural or adoptive parent with 

custody or a legal guardian; 

(2) A natural or adoptive parent who 

does not have custody of the 

beneficiary, but is contributing toward 

the beneficiary’s support and is 

demonstrating strong concern for the 

beneficiary’s well being; 

(3) A natural or adoptive parent who 

does not have custody of the beneficiary 

and is not contributing toward his or her 

support but is demonstrating strong 

concern for the beneficiary’s well being; 

(4) A relative or stepparent who has 

custody of the beneficiary; 

(5) A relative who does not have 

custody of the beneficiary but is 

contributing toward the beneficiary’s 

support and is demonstrating concern 

for the beneficiary’s well being; 

(6) A relative or close friend who does 

not have custody of the beneficiary but 

is demonstrating concern for the 

beneficiary’s well being; and 

(7) An authorized social agency or 

custodial institution. 

This order is flexible, and SSA rules 

allow for selecting a payee lower on the 

preference list when it would be in the 

beneficiary’s best interest. SSA policy is 

to not automatically select the child 

welfare agency as the payee for a child 

in foster care. Appointment of a payee 

is an individualized determination to 

identify and select the person or 

organization who will serve the best 

interest of the child. A child welfare 

agency is sometimes the legal guardian 

of a child in foster care—making the 

agency the first choice as payee. 

However, we will appoint a willing and 

able relative or friend who will serve the 

child better if one is available. SSA is 

not always able to identify a suitable 

alternative to the child welfare agency. 

Currently, nearly three-quarters of SSA 

beneficiary children in foster care have 

a child welfare agency as their payee.31

Children’s payees must use SSA 

benefits for the use and benefit of the 

children, in ways that the payee 

determines, under SSA’s rules, to be in 

the child’s best interests.32 Payees must 

first use the benefits for the child’s 

current maintenance, which includes 

food, shelter, clothing, medical care, 

and personal comfort items.33 For 

children in foster care, the rules permit 

child welfare agencies or other payees to 


khammond on DSKJM1Z7X2PROD with NOTICES
87456 Federal Register / Vol. 89, No. 212 / Friday, November 1, 2024 / Notices 

34 Government Accountability Office, Social 

Security Administration: New Data Exchanges with 

Some States Provide Limited Information on Foster 

Care Beneficiaries, Report GAO–21–441R (June 3, 

2021). 

35See 20 CFR 404.2045 and 416.645. 

36Social Security Administration, Study on the 

Conservation of Funds by Child Welfare Agency 

Representative Payees, June 2024. 

37 20 CFR 404.2060 and 416.660. 

38 20 CFR 404.2035 and 416.635. 

39 20 CFR 404.2065 and 416.665. 

40 42 U.S.C. 205(j)(6)(C). 

41Social Security Administration and Department 

of Health and Human Services, Administration for 

Children and Families, Letter Regarding Reminders 

to State and Tribal Title IV–E Agencies about the 

Social Security Representative Payee Program and 

the Title IV–E Federal Foster Care Program, 

Published August 17, 2023, available at: https://

www.acf.hhs.gov/cb/policy-guidance/reminderssocial-security-representative-payee-program. 

use children’s SSA benefits to pay for 

monthly foster care maintenance 

payments. Child welfare agencies also 

use SSA benefits to meet children’s 

other needs, such as education, medical, 

or discretionary expenses.34 After 

meeting the child’s immediate or 

foreseeable needs, all payees are 

required to conserve any benefits for 

their future use, such as by saving or 

investing those funds.35 When a child 

beneficiary in foster care has a payee 

who is someone other than the child 

welfare agency, it is that payee who 

must use the benefits for the child’s 

current and foreseeable needs, and 

conserve any remainder. 

In 2023, SSA paid approximately 

$190 million in Social Security benefits 

and SSI payments to children in foster 

care who have a child welfare agency as 

their payee. In this same year, all 50 

States and the District of Columbia 

conserved some portion of the SSA 

benefits that they received, with the 

percentage by State ranging from less 

than one percent to 31 percent. On 

average, child welfare agencies 

conserved 12 percent of SSA benefits 

paid to children in foster care. The 

percentage of child beneficiaries in 

foster care who had some funds 

conserved on their behalf ranged by 

State between one percent and 81 

percent. On average, child welfare 

agencies conserved SSA benefits for 36 

percent of child beneficiaries in foster 

care.36

Conserving SSI payments for children 

in foster care can pose challenges. SSI 

has a resource limit of $2,000, which 

could include funds in a child’s savings 

account or investments. SSI recipients 

who exceed the resource limit are 

suspended and eventually terminated 

from program participation if their 

savings remain above the limit for over 

a year. They (or their payees on their 

behalf) must repay any benefits paid 

while they were over the limit. The 

Achieving a Better Life Experience 

(ABLE) Act of 2014 allows States to 

create programs with tax-advantaged 

savings accounts for eligible people 

with disabilities; funds held in ABLE 

accounts up to and including $100,000 

do not count toward the SSI resource 

limits. Account owners may receive tax 

advantages when funds from an ABLE 

account are used to pay for a broad set 

of ‘‘qualified disability expenses,’’ 

including housing, transportation, 

health, and basic living expenses. 

Additionally, special needs trusts may 

also contain funds that do not count 

toward the SSI resource limit. 

Generally, if there is a change in 

payee, the former payee must return any 

conserved funds to SSA to be reissued 

to the successor payee.37 If the child 

stops receiving benefits or no longer 

needs a payee (typically when they turn 

18), the payee must return any 

conserved funds, including any earned 

interest, to SSA to be reissued to the 

beneficiary or recipient. On a case-bycase basis, SSA may permit the former 

payee to transfer any conserved funds 

directly to the successor payee or the 

beneficiary or recipient. 

All payees have reporting 

responsibilities. They must report any 

changes that could affect the 

beneficiary’s eligibility or benefit 

amount and any change that would 

affect the payee’s suitability to serve 

(such as a change in custody).38 SSA 

requires certain payees, including child 

welfare agencies, to report annually on 

who made the decisions on how 

benefits were spent or saved, how the 

payee used the benefits, how much of 

the benefits were saved, and how those 

savings were invested.39 A payee’s 

answers may cause SSA to further 

investigate the payee or initiate a site 

review. Protection and Advocacy 

agencies in each State conduct payee 

site reviews, which include a face-toface meeting with the payee, an 

examination of the payee’s financial 

records and supporting 

documentation.40

State Policy and Federal Technical 

Assistance 

Some State legislatures and child 

welfare agencies have recently changed 

their policies for SSA beneficiary 

children in foster care, such as requiring 

child welfare agencies to screen and 

apply for Social Security and SSI 

benefits on behalf of children placed in 

foster care and requirements to conserve 

some or all benefits for the children’s 

later use. SSA and the Children’s 

Bureau have worked together to provide 

guidance and technical assistance to 

child welfare agencies as they consider 

and make these changes.41 However, 

advocates and policymakers continue to 

consider whether and how additional 

changes and clarifications to the 

policies and practices regarding Social 

Security benefits and SSI payments 

when child welfare agencies are payees 

could improve service to and outcomes 

for children in foster care. 

Request for Information 

This request is to gather information 

for our internal planning purposes only 

and should not be construed as a 

solicitation or as an obligation on our 

part or on the part of any participating 

Federal agencies. We seek to learn more 

from people with experience with foster 

care, such as current and former foster 

youth, foster parents, adoptive parents, 

and parents whose children were 

referred to child welfare. We also invite 

comments and suggestions from State 

and local child welfare agencies, Tribal 

Nations, community-based and other 

non-profit organizations, researchers, 

and other interested members of the 

public. Responses to this request will 

inform our decisions about possible 

future policy changes or additional 

guidance. 

We ask respondents to address the 

following questions, where possible, 

considering the context discussed in 

this document. You do not need to 

address every question and should focus 

on those that relate to your lived 

experience, expertise or perspectives. 

To the extent possible, please clearly 

indicate which question(s) you address 

in your response. 

Application 

• For children who have contact with 

the child welfare system but who are 

not in foster care, what opportunities or 

challenges exist for child welfare 

agencies to assist with screening 

children for SSA benefit eligibility and 

applying for benefits? 

• What opportunities or challenges 

exist for child welfare agencies to apply 

for SSA benefits on behalf of children in 

foster care or living away from their 

parents with other caregivers? Are there 

differences depending on whether the 

child or their family are eligible for 

other public benefits, such as 

preventative child welfare services, 

TANF, SNAP, or title IV–E foster care 

payments? 

SSA Benefit Use and Conservation 

• Current SSA rules allow payees, 

including child welfare agencies, who 

serve children in foster care to use SSA 


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Federal Register / Vol. 89, No. 212 / Friday, November 1, 2024 / Notices 87457 

benefits to pay for the child’s current 

needs, including the cost of monthly 

foster care maintenance payments. 

Payees must conserve SSA benefits for 

future use only after meeting all of the 

child’s current and foreseeable needs. 

How effectively do these rules 

contribute to the ability of child welfare 

agencies to serve children in foster care? 

Are there differences depending on 

whether the child receives Social 

Security benefits or SSI payments? 

• Please describe if it would be 

beneficial to offer additional guidance 

or clarification related to when Social 

Security benefits or SSI payments must 

be conserved by payees, including, as 

applicable, child welfare agencies, or 

expand on what kinds of factors should 

be considered in a conservation 

decision. 

• For child welfare agencies that 

serve as payees for children in foster 

care, how do you make decisions about 

the use and conservation of the 

children’s SSA benefits? What do you 

do with SSA benefits that are not used 

as part of the monthly foster care 

maintenance payment? 

• For child welfare agencies that 

serve as payees for children in foster 

care, a child may be eligible to receive 

benefits from various sources, including 

Federal, State, and local. What are the 

benefits in using SSA benefits before or 

after other sources of funding to cover 

the costs of the child’s foster care 

maintenance? 

• For child welfare agencies, if you 

were required to conserve SSA benefits 

on behalf of eligible children in foster 

care, would that affect the agency’s 

decision about whether to screen or 

apply for SSA benefits on behalf of a 

child? 

• What would be the implications or 

challenges if child welfare agencies are 

restricted from using SSA benefits for 

foster care maintenance and required to 

conserve SSA benefits? 

• For child welfare agencies that 

serve as payees for children in foster 

care, do you conserve any amount of the 

children’s SSA benefits for future use? 

If not, why not? If you do, how do you 

determine how much to conserve? Do 

you hold the funds, such as in a savings 

account or a trust account? Do you use 

Achieving a Better Life Experience 

(ABLE) accounts or special needs trusts 

to conserve funds? What are the benefits 

of and impediments to using ABLE 

accounts or special needs trusts? Does 

the decision on whether to conserve 

benefits depend on the type of benefit 

provided to the child (e.g., Social 

Security, SSI, foster care maintenance 

payments, etc.)? 

• For current and former foster youth, 

what current needs would be met if you 

had access to your conserved SSA 

benefits? Are there examples of current 

needs that are not commonly met by the 

monthly foster care maintenance 

payments? If so, which needs? 

General 

• Are there other aspects of HHS’s or 

SSA’s programs where guidance, 

technical assistance, or information can 

be offered or improved to better support 

children in foster care or otherwise in 

contact with the child welfare system? 

Guidance for Submitting Documents 

We ask that each respondent include 

the name and address of his or her 

institution or affiliation, if any, and the 

name, title, mailing and email 

addresses, and telephone number of a 

contact person for his or her institution 

or affiliation, if any. 

Martin O’Malley, 

Commissioner, Social Security 

Administration. 

Rebecca Jones Gaston, 

Commissioner, Administration for Children, 

Youth, and Families Administration for 

Children and Families, Department of Health 

and Human Services. 

[FR Doc. 2024–25462 Filed 10–31–24; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Notice of OFAC Sanctions Action 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 

SUMMARY: The U.S. Department of the 

Treasury’s Office of Foreign Assets 

Control (OFAC) is publishing the names 

of one or more persons that have been 

placed on OFAC’s Specially Designated 

Nationals and Blocked Persons List 

(SDN List) based on OFAC’s 

determination that one or more 

applicable legal criteria were satisfied. 

All property and interests in property 

subject to U.S. jurisdiction of these 

persons are blocked, and U.S. persons 

are generally prohibited from engaging 

in transactions with them. 

DATES: This action was issued on 

October 17, 2024. See SUPPLEMENTARY

INFORMATION for relevant dates. 

FOR FURTHER INFORMATION CONTACT: 

OFAC: Associate Director for Global 

Targeting, 202–622–2420; or Assistant 

Director for Sanctions Compliance, 202– 

622–2490 or https://ofac.treasury.gov/ 

contact-ofac. 

SUPPLEMENTARY INFORMATION: 

Electronic Availability 

The SDN List and additional 

information concerning OFAC sanctions 

programs are available on OFAC’s 

website: https://ofac.treasury.gov. 

Notice of OFAC Action 

On October 17, 2024, OFAC 

determined that the property and 

interests in property subject to U.S. 

jurisdiction of the following persons are 

blocked under the relevant sanctions 

authority listed below. 


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