Kan. Admin. Regs. § 30-4-130 - Types of payments and payees
Public assistance payments shall be issued in accordance with this regulation.
(a) Money payment.
(1) Payments shall be available through the
state electronic benefit transfer system or, in certain circumstances, by check
or writen order immediately redeemable at face value. Payments shall be made
with no restriction on the use of the funds, except TANF payments.
(2) All payments shall be money payments,
except for the following types of payments:
(A) Payments pursuant to the foster care
programs; and
(B) work program
support costs and transitional expenses in accordance with
K.A.R.
30-4-64(c) and
(d).
(b) Who may receive money payments. The
following persons may receive money payments:
(1) A caretaker;
(2) a recipient;
(3) a personal representative;
(4) a substitute payee;
(5) a protective payee; or
(6) an emancipated minor who meets the
requirements in
K.A.R.
30-4-52.
(c) Protective payments in the TANF program.
(1) If any caretaker repeatedly mismanages
the money payment to the detriment of any child for whom assistance is claimed
and if an approved service plan is on file, a protective payment, in lieu of a
money payment to the caretaker, shall be issued to a protective
payee.
(2) If a caretaker has
refused to undergo drug testing or has tested positive for illegal use of a
controlled substance, a protective payee shall be named to administer the
caretaker's cash benefit for each remaining household member.
(d) Substitute payee.
(1) Appointment and dismissal. Each
substitute payee shall be appointed as assisted by the department. The
substitute payee may be terminated by the department if the payee's services
are no longer needed or if the payee is not giving satisfactory
service.
(2)
(A) Who may be substitute payee. An
individual selected to be a substitute payee may be a relative, friend,
neighbor, or member of a religious or community organization. The following
persons shall not serve as substitute payees:
(i) Any staff member of the department,
unless there is a direct familial relationship;
(ii) the landlord, grocers, or vendors of
goods or services dealing directly with the client; or
(iii) another adult residing in the
household.
(e) Protective payee.
(1) A protective payee may be selected by the
household. If the household does not name a suitable protective payee, the
protective payee may be selected by the department.
(2)
(A) Who
may be a protective payee. An individual selected to be a protective payee may
be a relative, friend, neighbor, or member of a religious or community
organization. The following persons shall not serve as protective payees:
(i) Any staff from the department, unless
there is a direct familial relationship;
(ii) the landlord, grocers, or vendors of
goods or services dealing directly with the client; and
(iii) another adult residing in the
household.
(B)
Exception. Payments may be made to a foster parent on behalf of a minor living
in a foster care home with the minor's child in order to provide TANF for the
child. The foster care home shall be licensed or approved as meeting licensing
standards. This provision shall not be used in any other kind of public
assistance case and may continue until the minor is released from custody of
the department or becomes emancipated.
(3) Criteria for selection. Each protective
payee shall demonstrate the following characteristics:
(A) An interest in and concern for the
welfare of the family;
(B) 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;
(C) the ability to establish and maintain a
positive relationship;
(D) the
ability to maintain close contacts with the caretaker and child by virtue of
living near the caretaker or having transportation available; and
(E) responsibility and
dependability.
(4)
Payee-recipient relationship. Any payee may make decisions about the
expenditure of the assistance payment. The payee may expend the payment in any
of the following ways:
(A) Spend the money
for the family;
(B) supervise the
recipient's use of the money; or
(C) give a portion of the money to the
recipient to spend for certain expenses and pay for other expenses of the
recipient.
(5)
Payee-department relationship. Each payee shall ensure that the money is spent
for the children's benefit. The payee's responsibility to the department shall
be specified in writing with one copy for the payee and one for the department.
(A) This written agreement shall cover the
following areas:
(i) The plans for
accounting;
(ii) use of the
assistance funds; and
(iii)
reporting on the general progress made.
(B) The agreement shall be supplemented by
the following:
(i) Discussions of the payee's
responsibility;
(ii) a statement of
the purpose of the plan;
(iii) a
description of the nature and frequency of reports;
(iv) a statement of the rights of the
recipient; and
(v) a statement of
the confidential nature of the relationship.
(6) Periodic review of cases. Each money
payment mismanagement case shall be reviewed at least every six months to
determine which of the following actions will be taken:
(A) Restore the recipient to regular money
payment status;
(B) continue the
recipient on protective payment status; or
(C) develop another plan for the care of the
child or children if necessary, including any of the following options:
(i) Placement with another
relative;
(ii) seeking appointment
of a guardian; or
(iii) placement
in a foster home.
(7) Discontinuance of protective payments.
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
lapsed, whichever comes first. Payment may continue for any additional time
reasonably necessary to complete a substitute plan for the care of the
child.
(8) Discontinuance of
protective payments. Protective payments shall be discontinued under either of
the following conditions:
(A) The individual
who failed to complete a drug test completes that person's period of
ineligibility, submits to a drug test, and has a negative result for illegal
controlled substances.
(B) The
individual who tested positive for an illegal controlled substance successfully
completes the requirements to regain eligibility for cash assistance.
(f) Special personal
representative. A petition for the appointment of a personal representative
shall be filed by the department pursuant to
K.S.A.
59-2801, and amendments thereto, only if the
need for an appointment is clearly established and the department has counseled
the applicant or recipient concerning the money management problems.
Confidential reports shall be filed by the department with the appropriate
court as requested.
(1) Appointment of
personal representative. A person who meets the following requirements shall be
recommended to the court as a personal representative by the department:
(A) The person shall not be an employee of
the department.
(B) The person
shall not benefit directly from the assistance payment.
(C) The person shall meet the criteria in
paragraph (d)(2)(A).
(2)
Dismissal of personal representative. A recommendation to the court to dismiss
a personal representative shall be made by the department if the client
demonstrates that the client no longer requires a personal representative, or
if the personal representative is failing to execute the responsibilities
specified in this regulation, in which instance a substitute personal
representative shall be recommended by the department.
(3) Responsibility of personal
representative. Each personal representative shall be responsible to the court,
the department, and the recipient. Each personal representative shall make an
annual accounting to both the court and the department. A more frequent
accounting may be required by the department or the court in the form and at
the times prescribed by the department or the court. Each personal
representative shall maintain a confidential relationship with the applicant or
recipient and shall consult with the applicant or recipient concerning the
applicant's or recipient's requirements, resources, and the use of the money
payment.
(4) Periodic review. The
necessity of continuing the appointment of a personal representative shall be
reviewed semiannually. Consideration shall be given to whether or not the
recipient's ability to manage personal affairs has improved or if other changes
in the recipient's circumstances or living arrangements make it possible for
the recipient to manage without the help of a personal
representative.
Notes
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