1520 Substitute Payees, Personal Representatives And Authorized Representatives
1521 Appointment
and Dismissal of Substitute Payee (Cash Only) - The agency has
the responsibility for appointing and assisting the payee, for terminating
the payee's services when no longer needed, and for removing a payee who
is not giving satisfactory service after a careful evaluation of the performance
has been made. Refer to sample agreement in the Appendix
section. All alternative payees and substitute payees are managed directly
in the EBT system. In situations where Protected Payees are needed, it
is important to enter Protected Payees into the EBT system as soon as
possible. This assists to prevent disruption of benefit accessibility
by the cash payee representative.
1521.1 Who May be Substitute
Payee - Individuals selected to serve in this capacity may be
a relative, a friend, a neighbor, a member of a religious or other community
group. Persons who may not serve as a substitute payee include: the Regional
Director, the EES Program Administrator, the worker determining financial
eligibility or his supervisor, special investigative (or resource) staff,
staff handling the fiscal process for this client; or landlords, grocers,
or vendors of goods or services dealing directly with this client.
Exception: Payment may be made to a foster parent on behalf of an unemancipated minor in a foster care home (licensed or approved as meeting licensing standards) with her child in order to provide TANF for such child. See 2210. This provision shall not be used in any other kind of cash assistance case and may continue until the minor mother is released from custody of DCF or is able to act in own behalf. Documentation is required that the mother is not emancipated.
1521.2 Criteria for Selection - The substitute payee must demonstrate:
An interest and concern for the
welfare of the family.
The ability to help the family with
ordinary budgeting, experience in purchasing food, clothing, and household
equipment within a limited income, and knowledge of effective household
practices.
The ability to establish and maintain
a positive relationship.
That he either lives near the caretaker
relative or has transportation so that close contacts with the caretaker
relative and child may be maintained.
That he is a responsible and dependable
person.
1521.3 The Payee-Recipient Relationship - The payee has the authority to make decisions about the expenditures of the assistance payment.
The payee may spend the money for the family or may supervise the recipient's
use of it, or the payee may give a portion of the funds to the recipient
to spend for certain needs and may pay for other items of need for the
recipient.
1521.4 Payee-Agency Relationship
- The payee has responsibility for assuring the agency that the
money is spent for the recipient's benefit. The payee's responsibility
to the agency shall be set forth in writing with a copy for the payee
and one for the agency. This shall cover the plan for accounting for use
of the assistance funds and for reporting on the general progress made.
This written agreement should be supplemented by discussions of the payee's
responsibility, the purpose of the plan, the nature and frequency of reports,
the rights of the recipient, and the confidential nature of the relationship.
1521.5 Request a Fair Hearing - Written notice of the right to request a fair hearing regarding a decision to use a protective payment must be provided to the recipient at the time that decision is made, and if appropriate, at the time each decision on the status of the case is made following the periodic review.
1521.6 Periodic Review - All money mismanagement protective payment cases shall be reviewed every 6 months to determine whether: (1) to restore the recipient to regular money payment status; (2) to continue the recipient on protective payment status; (3) another plan for the care of the child or children is necessary, such as placement with other relatives, seeking appointment of a guardian or placement in a foster home.
1521.7 Discontinuance of Payment to Substitute Payee - Money mismanagement protective payments shall be discontinued when the caretaker has demonstrated an ability to manage the money payment or after a period of two years has elapsed, whichever comes first; except that payment may continue for such additional time as is reasonably necessary to complete a substitute plan for the care of the child.