C C.G.A. v. State
In C C.G.A. v. State, 824 P.2d 1364, 1369 (Alaska 1992), the recipient of social security benefits was a minor.
The recipient was adjudicated a delinquent, placed in foster care, and ultimately confined in a youth center. The recipient's mother was representative payee for a period of time and subsequently a State agency was certified as representative payee.
The State attempted to garnish benefits received by the recipient's mother for the cost of detention, and the court held that such action was prohibited by 407(a). Id. at 1367.
The court observed that, after the State agency became representative payee, it could voluntarily pay the State for maintenance, i.e., costs of the recipient's foster care, but reserved jurisdiction on the question of whether it could pay the State for the cost of detention. Id. at 1369-1370.
The court concluded that the parties should be afforded the opportunity to obtain an initial determination of the question from SSA. Id.
The court opined that the SSA should be requested to determine whether 20 C.F.R. 404.2040(b) is limited to the costs of mental or physical care institutions, whether the State agency as representative payee should first conduct an individual assessment of the recipient's needs before using the benefits for the cost of detention, and whether reimbursement violated 407(a). Id. at 1370 n.17.
The court did not rule or even intimate that it did not have jurisdiction.