Cite as: 537 U. S. 371 (2003)
Opinion of the Court
fact that public institutions like the department are last in the line of eligibility for appointment as representative payees; the Commissioner appoints them only when no one else will do. See 20 CFR §§ 404.2021(b), 416.621(b). If respondents had their way, however, public offices like the department might well not be there to serve as payees even as the last resort, for there is reason to believe that if state agencies could not use Social Security benefits to reimburse the State in funding current costs of foster care, many States would be discouraged from accepting appointment as representative payees by the administrative costs of acting in that capacity. See Brief for Children's Defense Fund, supra, at 21; Brief for State of Florida et al. as Amici Curiae 7.13 And without such agencies to identify children eligible for federal benefits and to help them qualify, see Brief for Children's Defense Fund, supra, at 20-24; Brief for State of Florida, supra, at 3-5; Brief for United States as Amicus Curiae 17, many eligible children would either obtain no Social Security benefits or need some very good luck to get them. With a smaller total pool of money for their potential use, the chances of having funds for genuine needs beyond immediate support would obviously shrink, to the children's loss. Respondents' position, in sum, would tend to produce worse representative payees in these cases, with less money to spend.
13 The Act does allow a state representative payee to use the lesser of 10 percent of monthly benefits or $25 per month to offset administrative expenses. See 42 U. S. C. §§ 405(j)(4)(A)(i), 1383(a)(2)(D)(i). Nevertheless, at least with respect to SSI, many States spend considerably more to identify eligible foster children and assist them in obtaining benefits. According to the department, for example, the process of screening potential SSI applicants among foster children and applying for benefits on their behalf involves 27 staff members and costs $1.9 million annually. See Application to Recall and Stay the Mandate of the Supreme Court of Washington Pending Certiorari, No. 01A557, pp. 18-19. For this reason, the department has said that it would not seek to become the representative payee for SSI beneficiaries absent an ability to use benefits to recoup some costs. See ibid.
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