Current through February, 2024
(a) Financial
assistance benefits to eligible persons shall be issued in the form of an
Electronic Benefit Transfer (EBT) card, direct deposit, protective payment, or
imprest fund check.
(1) The general method of
issuance shall be by EBT card or direct deposit into the bank account of the
eligible recipient payee, legally appointed guardian of the recipient, or
non-needy payee.
(2) The following
individuals may be designated as payee for the monthly financial benefit:
(A) An eligible adult in a one-member
family;
(B) One of the eligible
adults in a family with two or more eligible adults;
(C) A parent or relative in a family
consisting of adults and children;
(D) A non-needy individual living in the
household of eligible welfare recipients;
(E) An individual other than a specified
relative in an emergency situation that will deprive the TANF child from
receiving the required care of the parent or relative. The payee shall be
changed to the parent or relative at the termination of the emergency
situation; or
(F) The eligible
minor who has a separate TANF or state AABD case if:
(i) The minor is living independently and is
able to manage the financial assistance payment; or
(ii) The parents or specified relative with
whom the minor is living agrees that the eligible minor shall be the
payee.
(b) The eligibility worker shall determine if
an individual is in need of protection or if the need for a legal guardian is
indicated in subsection (c).
(1) Referral to
an agency for assistance with financial planning and money management may be
made when information indicates that the individual's ability to manage the
individual's own financial affairs is highly questionable and the individual is
not receiving follow-up services from an agency; and
(2) All referrals shall be made with the full
knowledge and understanding of the adult recipient.
(c) The eligibility worker, with supervisory
approval, shall determine whether money mismanagement necessitates protective
payment. Money mismanagement occurs when:
(1)
The recipient demonstrates continued inability to plan and budget necessary
expenditures for the assistance period;
(2) There is continued evidence from the
eligibility worker's observation, community complaints, medical or psychiatric
reports, or social service worker reports that the children or recipient are
not properly fed or clothed and that expenditures for the children or recipient
are made in such a way as to threaten their chances for healthy growth and
development;
(3) There is
persistent and deliberate failure by the recipient to meet obligations for
rent, food, school supplies, and other essentials; or
(4) There are repeated evictions of the
recipient or incurrence of debts by the recipient with attachments or levies
against the family's income or assets.
(d) A recipient determined to be in need of a
protective payee because of money mismanagement shall have the recipient's
situation reviewed as frequently as indicated by the individual's or family's
circumstances, but not less frequently than every twelve months. The review
shall be made to:
(1) Determine the continued
need for protective payments; and
(2) Ensure that the protective payee is
carrying out the responsibilities of a protective payee.
