[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR416.207]

[Page 740-741]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 416_SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED
--Table of Contents
 
                          Subpart B_Eligibility
 
Sec. 416.207  You do not give us permission to contact financial institutions.

    (a) To be eligible for SSI payments you must give us permission to 
contact any financial institution and request any financial records that 
financial institution may have about you. You must give us this 
permission when you apply for SSI payments or when we ask for it at a 
later time. You must also provide us with permission from anyone whose 
income and resources we consider as being available to you, i.e., 
deemors (see Sec. Sec. 416.1160, 416.1202, 416.1203, and 416.1204).
    (b) Financial institution means any:

[[Page 741]]

    (1) Bank,
    (2) Savings bank,
    (3) Credit card issuer,
    (4) Industrial loan company,
    (5) Trust company,
    (6) Savings association,
    (7) Building and loan,
    (8) Homestead association,
    (9) Credit union,
    (10) Consumer finance institution, or
    (11) Any other financial institution as defined in section 1101(1) 
of the Right to Financial Privacy Act.
    (c) Financial record means an original of, a copy of, or information 
known to have been derived from any record held by the financial 
institution pertaining to your relationship with the financial 
institution.
    (d) We may ask any financial institution for information on any 
financial account concerning you. We may also ask for information on any 
financial accounts for anyone whose income and resources we consider as 
being available to you (see Sec. Sec. 416.1160, 416.1202, 416.1203, and 
416.1204).
    (e) We ask financial institutions for this information when we think 
that it is necessary to determine your SSI eligibility or payment 
amount.
    (f) Your permission to contact financial institutions, and the 
permission of anyone whose income and resources we consider as being 
available to you, i.e., a deemor (see Sec. Sec. 416.1160, 416.1202, 
416.1203, and 416.1204), remains in effect until a terminating event 
occurs. The following terminating events only apply prospectively and do 
not invalidate the permission for past periods.
    (1) You cancel your permission in writing and provide the writing to 
us.
    (2) The deemor cancels their permission in writing and provides the 
writing to us.
    (3) The basis on which we consider a deemor's income and resources 
available to you ends, e.g. when spouses separate or divorce or a child 
attains age 18.
    (4) Your application for SSI is denied, and the denial is final. A 
denial is final when made, unless you appeal the denial timely as 
described in Sec. Sec. 416.1400 through 416.1499.
    (5) You are no longer eligible for SSI as described in Sec. Sec. 
416.1331 through 416.1335.
    (g) If you don't give us permission to contact any financial 
institution and request any financial records about you when we think it 
is necessary to determine your SSI eligibility or payment amount, or if 
you cancel the permission, you cannot be eligible for SSI payments. 
Also, except as noted in paragraph (h), if anyone whose income and 
resources we consider as being available to you (see Sec. Sec. 
416.1160, 416.1202, 416.1203, and 416.1204) doesn't give us permission 
to contact any financial institution and request any financial records 
about that person when we think it is necessary to determine your 
eligibility or payment amount, or if that person cancels the permission, 
you cannot be eligible for SSI payments. This means that if you are 
applying for SSI payments, you cannot receive them. If you are receiving 
SSI payments, we will stop your payments.
    (h) You may be eligible for SSI payments if there is good cause for 
your being unable to obtain permission for us to contact any financial 
institution and request any financial records about someone whose income 
and resources we consider as being available to you (see Sec. Sec. 
416.1160, 416.1202, 416.1203, and 416.1204).
    (1) Good cause exists if permission cannot be obtained from the 
individual and there is evidence that the individual is harassing you, 
abusing you, or endangering your life.
    (2) Good cause may exist if an individual other than one listed in 
paragraph (h)(3) of this section refuses to provide permission and: you 
acted in good faith to obtain permission from the individual but were 
unable to do so through no fault of your own, or you cooperated with us 
in our efforts to obtain permission.
    (3) Good cause does not apply if the individual is your 
representative payee and your legal guardian, if you are a minor child 
and the individual is your representative payee and your custodial 
parent, or if you are an alien and the individual is your sponsor or the 
sponsor's living-with spouse.

[68 FR 53508, Sept. 11, 2003]

[[Page 742]]