1514 Protective Payments - A protective payment is a payment made in lieu of a money payment on behalf of a client. A protective payment shall be made in certain circumstances to a court appointed personal representative or to a substitute payee. A protective vendor payment may be made when a substitute payee is not available; Federal financial participation (FFP) is available for protective vendor payments in TANF.

Documentation substantiating the need for a protective payment shall be made by social service staff in cases of money mismanagement. A substitute payee should be used if possible.
 

Protective payments are required in all cases of money mismanagement when the TANF caretaker persistently mismanages the assistance payment to the detriment of the child and the approved service plan supports the need for a protective payment. Evidence includes such things as:
 

1. Continued inability to plan and to make necessary expenditures spread over the period for which the assistance is planned.
    

2. Continued evidence that children are not properly fed or clothed and that expenditures for them are made in such a way as to threaten their chances for healthy growth and development.
    

3. Persistent and deliberate failure to meet obligations for rent, food, school supplies, and other essentials.
    

4. Repeated evictions or incurrence of debts with attachments or levies made against current income.
    

5. The case record must contain the evidence on which the recommendation for protective payment is made including a review of the budget to ensure that need is determined according to the standards as set out in this manual and a copy of the social service plan for the special services available to the recipient.

NOTE: If protective vendor payments are used while reasonable efforts are being made to locate a substitute payee, the agency is responsible for assuring that the client receives the full amount of the budgetary deficit. Any portion of the budget deficit not expended through a vendor payment shall be made available to the client by direct payment through EBT or, if necessary, an imprest fund check.

1515 Protective Payees - A protective payee shall be assigned to administer the TANF benefits when an adult caretaker has tested positive for illegal drug use, refused or failed to undergo drug screening or been found guilty of fraud in the TANF or child care program. Households may elect to name a protective payee; however, the payee is subject to suspicion-based drug testing (if the protective payee is assigned due to KEESM 2260 policies) at their own expense. If the household cannot name a suitable protective payee, the agency will identify one for them. No TANF case is to be denied or closed due to the individual’s failure to name a suitable payee when the requirement for the payee is related to Suspicion Based Drug Testing regulations. See KEESM 2260 and subsections. Individuals who are not qualified to be acceptable payees include, but are not limited to:

• Another adult that lives in the same residence
• An individual who lives too far from the household to be able to adequately assure benefits are distributed appropriately (prudent person principle)
• An individual with a substantiated drug history
• Documented Prudent Person related decision
  
  

Protective payees are not eligible for DCF sponsored substance abuse treatment or skills training.

A protective payee will sign an agreement stating all TANF funds will be spent for the use of the child(ren). Appropriate usage is utility bills, rent and other necessary items.

NOTE: See the KEES User Manual for information on when to code KEES for protective payee information.