780-9          PROTECTIVE PAYEES

780-9 A.     WHEN A PROTECTIVE PAYEE MUST BE ESTABLISHED

When an individual is penalized for failure to cooperate with CSSDChild Support Services Division , or for failure to participate in assigned work activities, the monthly ATAPAlaska Temporary Assistance Program 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 TATemporary Assistance 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, social worker, village council member, etc.).

780-9 C.     WHO CANNOT BE A PROTECTIVE PAYEE

The following persons cannot be appointed as protective payees:

1. Any employee or contractor of the Division of Public Assistance who determines financial eligibility for the family;

2. A Fee Agent of the Division;

3. The Commissioner of the Department of Health, or the Director of Public Assistance;

4. Any staff member of the Division who has had or might have reason to have official contact with the recipient family;

5. Any employee of the State who is responsible for money or bills related to the recipient family; and

6. Landlords, store owners, or other vendors of goods or services who deal directly with the recipient.

780-9 D.     PROTECTIVE PAYEE'S CONSENT

Once a person who fits all the requirements is identified, the case worker 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 filed 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 ATAPAlaska Temporary Assistance Program benefit.