780-9 PROTECTIVE PAYEES
780-9 A. WHEN A PROTECTIVE PAYEE MUST BE ESTABLISHED
When an individual is penalized for failure to cooperate with CSSD , or for failure to participate in assigned work activities, the monthly ATAP benefits must go to a protective payee. The protective payee will receive the benefit and make the benefit available to meet the needs of the children. Minor parents must also have their Temporary Assistance benefits paid to a protective payee.
780-9 B. SELECTION OF PROTECTIVE PAYEE
The selection of a protective payee is to be made by the recipient, or with the recipient's participation and consent, to the extent possible. A protective payee must be a responsible adult who is not part of the family's TA filing unit and who can reasonably be expected to act in the best interests of the children (such as other relatives, close friends, a clergyman, a social worker, village council member, etc.).
780-9 C. WHO CANNOT BE A PROTECTIVE PAYEE
The following persons cannot be appointed as protective payees:
780-9 D. PROTECTIVE PAYEE'S CONSENT
Once a person who fits all the requirements is identified, the caseworker must contact the proposed payee, explain what is involved, and obtain the payee's written consent to serve. A payee may choose to withdraw his or her consent at any time. In such a case, a new payee must be found. The written consent is filled in the case file.
780-9 E. WHEN A PROTECTIVE PAYEE CANNOT BE ESTABLISHED
If all efforts possible have been expended to obtain a protective payee, and one cannot be obtained, the penalty will still be applied. The grant will be adjusted to penalize the non-compliant person. As a last resort, the caretaker relative may receive the grant.
780-9 F. PROTECTIVE PAYEE PERIOD ENDS
Once a work activities or child support penalty ends, the parent or caretaker relative may again receive the ATAP benefit.
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MC #37 (09/12) |