Current through Register Vol. 48, No. 12, March 22, 2024
a) The assistance grant shall be paid to an
individual designated as the payee on the warrant or the individual authorized
to use the Electronic Benefits Transfer (EBT) card or, for direct deposit
accounts, the person in whose name the bank account is established.
b) The individual receiving assistance shall
be designated as the payee with the following exceptions:
1) When a client has a judicially-appointed
conservator or guardian, payment shall be made to the conservator or guardian
unless other arrangements are made with the Department by the conservator or
guardian.
2) In a situation where
no specified relative is available to act as payee, another person may act as
Temporary Grantee for a period not to exceed 90 days.
3) When a minor parent and his or her
dependent child are required to live with the minor parent's parent, legal
guardian, or other adult relative, or in an adult-supervised supportive living
arrangement, then, where possible, the TANF cash benefit amount will be paid to
the adult who is responsible for supervising the minor parent. Otherwise, the
minor parent will receive the TANF cash benefit amount.
4) For AABD clients under the age of 18, the
client will not be the payee unless the client lives independently, is capable
of managing his or her own affairs, does not have a guardian, and is approved
for direct payment by the local office administrator. In all other situations,
a representative payee must be assigned.
5) For AABD clients age 18 and over, unless
the client has a legally-appointed guardian or the client is determined to be
physically or mentally unable to manage the grant, the client will be the payee
or the client may choose to have a representative payee. If the client has a
legally-appointed guardian, the legally-appointed guardian will be assigned as
the payee. If the client is physically or mentally unable to manage the grant,
a representative payee must be assigned.
6) A Protective Payment Plan (PPP) is
initiated by the Department when a client has demonstrated mismanagement of
funds to the detriment of the welfare of the client or family. Examples include
but are not limited to:
A) A client defaults
on an agreement made with a utility company and the Department in the client's
behalf. In this instance, when the protective payee receives the assistance
payment, payment on current and back utility charges only shall be paid by the
payee; the balance of the payment shall be forwarded to the client each
month.
B) For TANF only - When a
child in the assistance unit is determined to be neglected by the Department of
Children and Family Services under Section 3 of the Abused and Neglected Child
Reporting Act [325 ILCS
5/3 ] and 89 Ill. Adm. Code 300.Appendix B.
C) For TANF only - The case involves a record
establishing that a parent or relative has been found guilty of public
assistance fraud under Article VIIIA of the Illinois Public Aid Code [305 ILCS
5 /Art. VIIIA].
D) Nonpayment of
rent for two months shall be considered as evidence of grant
mismanagement.
E) Substance abuse
by the caretaker relative is identified and another family member or friend is
ensuring that the family's needs are being met.
F) For TANF only - the health and well-being
of a child in the assistance unit is at risk, as indicated by lack of regular
school attendance, as defined by the school.
G) Repeated loss of both the EBT card and
Personal Identification Number (PIN) is a basis for a determination of client
mismanagement and authorization of a PPP.
c) Notice shall be sent to the client before
a PPP is initiated. The notice shall inform the client of the right to appeal
inclusion in a PPP. (See 89 Ill. Adm. Code 14.)
d) The protective payee shall not receive
compensation for the protective payee duties and must agree to assume
responsibility for the expenditure of the assistance payment in behalf of the
client.
e) The client's landlord or
a vendor of goods or services to the client, with the exception of private
welfare and social service agencies, shall not be designated as protective
payee.
f) The Department may
designate private welfare or social service agencies to serve as protective
payees.
g) When no other suitable
payee is available, the Department may appoint a member of its staff to act as
protective payee. However, the staff acting as protective payee may not be:
1) a person determining the client's
eligibility or level of assistance;
2) a person handling fiscal processing
relating to the recipient;
3)
investigative staff; or
4) a local
office administrator.
h)
The need for continuation of a PPP and the performance of the protective payee
shall be reviewed and evaluated by the Department as often as circumstances
indicate, or, for TANF cases, at least every 12 months.