# SSR 68-31: SSR 68-31: SECTIONS 204(a) and 204(d). -- UNDERPAYMENT -- GOOD ACQUITTANCE FOR PAYMENT TO CANADIAN ADMINISTRATOR OF INDIAN ESTATES AS LEGAL REPRESENTATIVE > Federal · Rulings · In force URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_31 ## Section - **Citation:** SSR 68-31 - **Heading:** SSR 68-31: SECTIONS 204(a) and 204(d). -- UNDERPAYMENT -- GOOD ACQUITTANCE FOR PAYMENT TO CANADIAN ADMINISTRATOR OF INDIAN ESTATES AS LEGAL REPRESENTATIVE - **Jurisdiction:** Federal - **Kind:** Rulings - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Social Security Rulings / OASI / Overpayments and Underpayments / SSR 68-31 ## Text 20 CFR 404.503(e) SSR 68-31 D, a Canadian Indian worker, died intestate in Canada January 4, 1968, leaving an underpayment of social security benefits due him of $179.80. D left no widow, children, or parents surviving. The Administrator of Estates, of the Indian Affairs Branch of the Canadian Department of Indian Affairs and Northern Development had applied for the Underpayment as legal representative of D in accordance with section 204(d)(7) of the Social Security Act as amended by the Social Security Amendments of 1967. He appended to his request a copy of his delegation of authority from the Minister of Indian Affairs and Northern Development of Canada to act as Administrator of Estates and to supervise administration of all Indian estates. This delegation is based upon §§ 42-43 of the Indian Act contained in Chapter 149 of the Revised Statutes of Canada (1952). Effective January 2, 1968, section 204(a) of the Social Security Act provides in pertinent part that proper adjustment will be made when less than the correct amount of payment has been made to any person under title II of the Act, as follows: payment of the amount due will be made to the underpaid person or, if he dies before any payment due him under this title is completed, payment of the amount due, including the amount of any unnegotiated checks, will be made to persons according to the following order of priority as set out in subsection (d); (1) spouse either living in the same household with the deceased individual at the time of his death, or entitled to a benefit on the same earnings record for the month of his death, (2) child or children entitled to benefits for the month of death on the same earnings record, (3) parent or parents entitled to benefits on the same earnings record for the month of death, (4) spouse who was neither entitled to benefits on the same earnings record nor living with the deceased individual, (5) child or children not entitled to benefits on the same earnings r of his death, (2) child or children entitled to benefits for the month of death on the same earnings record, (3) parent or parents entitled to benefits on the same earnings record for the month of death, (4) spouse who was neither entitled to benefits on the same earnings record nor living with the deceased individual, (5) child or children not entitled to benefits on the same earnings record, (6) parent or parents not entitled to benefits on the same earnings record. If there is no person who meets the requirements of (1) through (6), or if each person who meets such requirements dies before the payment due him under this title is completed, then payment will be made to the legal representative of the estate of the deceased individual. The question to be resolved is therefore whether the Administrator of Estates can qualify as "legal representative" of D's estate within the meaning of section 204(d)(7) of the Social Security Act, as amended. Qualification as legal representative depends on whether or not the party can give the Administration good acquittance. One who has the power to collect the decedent's estate can generally give the Administration good acquittance. The Indian Act cited above provides in pertinent part: DESCENT OF PROPERTY The quoted Canadian statute clearly grants to the (Canadian) Minister of Indian Affairs and Northern Development the power to appoint executors of the wills and administrators of the estates of deceased Indians, offices which carry with them the authority to collect the debts due a decedent's estate. Moreover, the delegation of authority to the Administrator of Estates to act in these capacities appears in accordance with Indian Estates Regulations which were cited in that delegation. n Development the power to appoint executors of the wills and administrators of the estates of deceased Indians, offices which carry with them the authority to collect the debts due a decedent's estate. Moreover, the delegation of authority to the Administrator of Estates to act in these capacities appears in accordance with Indian Estates Regulations which were cited in that delegation. Accordingly, it is held that the Administrator of Estates may qualify as "legal representative" of D's estate within the meaning of section 204(d) of the Social Security Act, and thus, may be paid the underpayment of $179.80 due the worker at the time of his death. ## Nearby sections - [SSR 64-2 SSR 64-2: SECTIONS 202(a) and 204(b). -- FINALITY OF DECISION -- REOPENING FOR FRAUD OR SIMILAR FAULT -- RECOVERY OF ERRONEOUS PAYMENTS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_2.md) - [SSR 64-7 SSR 64-7: SECTION 204(a) and (b). -- OVERPAYMENTS -- LIABILITY WHERE THERE IS A REPRESENTATIVE PAYEE -- WAIVER OF ADJUSTMENT OR RECOVERY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_7.md) - [SSR 65-24c SSR 65-24c: SECTIONS 204(a) and (b). -- OVERPAYMENT -- RECOVERY OR ADJUSTMENT -- "DEFEAT THE PURPOSE OF TITLE II" -- "AGAINST EQUITY AND GOOD CONSCIENCE"](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_24c.md) - [SSR 68-7c SSR 68-7c: Rescinded 1986](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_7c.md) - [SSR 68-31 SSR 68-31: SECTIONS 204(a) and 204(d). -- UNDERPAYMENT -- GOOD ACQUITTANCE FOR PAYMENT TO CANADIAN ADMINISTRATOR OF INDIAN ESTATES AS LEGAL REPRESENTATIVE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_31.md) - [SSR 68-72 SSR 68-72: SECTION 204(d)(7). -- UNDERPAYMENT -- PAYMENT TO DISTRIBUTEE OF DECEDENTS ESTATE AS LEGAL REPRESENTATIVE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_72.md) - [SSR 70-3 SSR 70-3: SECTIONS 204 and 216. -- UNDERPAYMENT -- PRIORITY OF PAYMENT TO STEPCHILDREN OF DECEDENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_3.md) - [SSR 70-4 SSR 70-4: SECTION 204(d)(7). -- UNDERPAYMENT -- PAYMENT TO RESIDUARY LEGATEE OF DECEASED BENEFICIARY'S STATE AS "LEGAL REPRESENTATIVE"](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_4.md) - [SSR 70-9 SSR 70-9: SECTION 204(d)(7). -- UNDERPAYMENT -- STATUS OF COUNTY WELFARE AGENCY UNDER INDIANA'S SMALL ESTATE STATUTE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_9.md) - [SSR 70-30 SSR 70-30: SECTION 204(d)(7). -- UNDERPAYMENT -- LEGAL REPRESENTATIVE -- ORDER GRANTED UNDER "SMALL ESTATE" STATUTE OF STATE OTHER THAN STATE OF DOMICILE OF DECEDENT AT TIME OF DEATH](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_30.md) - [SSR 70-54 SSR 70-54: SECTION 204(a). -- OVERPAYMENT -- ADJUSTMENT OR RECOVERY -- LIMITED TO BENEFITS PAYABLE ON RECORD OF DECEASED OVERPAID INDIVIDUAL OR FROM HIS ESTATE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_54.md) - [SSR 72-28c SSR 72-28c: SECTIONS 204(a) and (b) -- (42 U.S.C. 404(a) and (b)). -- DISABILITY INSURANCE BENEFITS -- RECOVERY OF OVERPAYMENT -- FAILURE TO REPORT WORK ACTIVITY AS CONSTITUTING FAULT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_72_28c.md) - [SSR 73-4c SSR 73-4c: Rescinded 1986](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_73_4c.md) - [SSR 73-5c SSR 73-5c: Rescinded 1986](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_73_5c.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_31. 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