Tenn. Comp. R. & Regs. 1240-01-18-.05 - DESIGNATION OF ALTERNATE PAYEE, PROTECTIVE PAYEE OR AUTHORIZED REPRESENTATIVE
In AFDC aid groups, the person to whom a check is issued is usually the caretaker relative of the dependent children in the aid group. For Food Stamp households, it is usually the designated head of household. In some situations it will be necessary to name another person to receive and expend the benefits on behalf of the HH/AG.
(1) Legally Appointed Guardian As The Payee -
AFDC Only.
(a) Adults.
1. Eligibility.
(i) If a person has a duly appointed
guardian, the guardian must be named payee for the grant. The guardian will be
expected to give information regarding his/her ward's circumstances as they
relate to eligibility for AFDC and to assume responsibility for reporting
changes in his/her ward's circumstances and to serve as payee for the
grant.
2. Reserved for
Future Use.
(b)
Children. In AFDC, the guardian of a child may receive AFDC for the child only
if the guardian is within the specified degree of relationship and when the
child is in his/her home. When a relative, with whom a child lives, has a
legally appointed guardian, the guardian must file the application for his/her
ward and be named payee for the grant. In such instances, the child must live
with the relative, but it is not necessary that he/she be in the home of the
relative's guardian.
(2)
Designation Of Alternate Payee In AFDC. An alternate payee can be designated
only in emergency situations and may be continued only for the length of time
necessary to explore available resources and make arrangements for the
continuing care of the AFDC child.
(a)
Ordinarily this period should not exceed three months.
(b) The alternate payee is expected to act
for the grantee relative in relation to the child. He/She is expected to see to
it that the child has shelter, food, clothing, and adequate supervision during
the emergency period.
(c) The
alternate payee may be related or unrelated to the child. He/She may be living
in the same home with the child or apart from the child if he/she is carrying
out his/her responsibilities of acting for the
grantee-payee/relative.
(d) The
alternate payee must be someone who can fulfill this requirement, such as a
relative, concerned neighbor, or friend. No employee of the Department and no
institution may be designated alternate payee.
(e) Reserved for Future Use.
(f) Authorization and Changes in Payment.
1. Authorization for payments to alternate
payees can be made only on active cases.
2. The use of an alternate payee in AFDC in
emergency situations is intended to continue in effect a payment which was
being made at the time the emergency arose. Any necessary changes in grant
amount are to be made as quickly as possible. It is not permissible to divide a
grant into two or more payments to several alternate payees.
3. No adjustment or change will be authorized
in respect to the grant for the month in which the emergency arose except to
authorize that it be paid to the alternate payee in the event the emergency
arose before the grantee relative had received and/or endorsed the
check.
(3)
Designation Of Protective Payee - AFDC Only.
(a) There are two instances when a Protective
Payee may be named for the AFDC grant. These instances are:
1. When the worker is notified that a
caretaker relative has refused to participate in WIN without good
cause.
2. When a caretaker relative
has not assigned support rights to the State or has failed to cooperate in
establishing paternity/securing support without good cause.
3. Reserved.
4. Reserved.
5. Reserved.
(b) through (d) Reserved.
(4) Criteria For Selection Of
Protective Payee. The selection of protective payees is made by the recipient
or with his/her participation and consent to the extent possible. The person
selected as protective payee may be a relative (other than the
applicant's/recipient's spouse), a friend, a neighbor, an employee of the
Department of Human Services (other than the County Director, special
investigative staff, or staff having responsibility for the determination of
eligibility for AFDC) or an employee of another agency providing service to the
family. The person must be one who has or can develop an interest in the
client, is of good character, who has the time, energy, and ability to provide
this service.
(5)
Reserved.
(6) Time Limits In The
Use Of Protective Payments - AFDC Only. In WIN cases and cases in which the
relative has not assigned support rights or has failed to cooperate without
good cause and it is necessary to name a protective payee, the arrangements may
continue indefinitely. The grant will continue to be paid to a protective payee
until the caretaker relative complies with WIN program requirements or assigns
support rights/cooperates and there is at least one eligible AFDC child or
until the caretaker relative becomes exempt from the registration
requirement.
(7)
Reserved.
(8) Authorized
Representative - Food Stamps Only.
(a) An
authorized representative must be:
1.
Designated in writing by the head of the household or the spouse or another
responsible member of the household; and
2. An adult who is sufficiently aware of
relevant household circumstances. In the event the only adult member of a
household is classified as a non-household member, that person may be
designated as the authorized representative for the minor household
members;
3. The head of the
household, spouse or any other responsible member of the household may
designate an authorized representative to act on behalf of the household in one
or all of the following capacities:
(b) Making Application for the Program. When
the head of the household or the spouse cannot make application, another
household member may apply or an adult non-household member may be designated
as the authorized representative for that purpose. Form HS-0169 (Application
for Assistance) should be signed by the head of the household designating this
authorized representative. The head of the household or the spouse should
prepare or review the application whenever possible, even though another
household member or the authorized representative will actually be interviewed.
The worker shall inform the household that the household will be held liable
for any overissuance which results from erroneous information given by the
authorized representative, except when the authorized representative is in a
drug and alcoholic center.
(c)
Obtaining the Coupons. An authorized representative may be designated to obtain
coupons. These designations shall be made at the time the application is
completed and an authorized representative shall be named on the ID card. The
authorized representative for coupon issuance may be the same individual
designated to make application and obtain coupons. The household should be
encouraged to name an authorized representative for obtaining coupons in case
of illness or other circumstances which might result in an inability to obtain
coupons. The household may also designate an emergency authorized
representative at a later date. An emergency authorized representative is
someone who obtains coupons when neither a household member nor the authorized
representative is able to obtain them because of unforeseen circumstances. An
emergency authorized representative shall be designated in writing on the ATP
card each time an emergency authorized representative is used.
(d) Using the Coupons. The authorized
representative may use coupons to purchase food for the household's
consumption, with the full knowledge and consent of the household, provided the
authorized representative has the household's ID card.
(e) Drug Addict/Alcoholic Treatment Centers
as Authorized Representatives. Narcotics addicts or alcoholics who regularly
participate in a drug or alcoholic treatment program on a resident basis may
voluntarily elect to participate in the Food Stamp Program if the treatment
center in which they reside has been authorized by the appropriate state agency
as a bona fide treatment center. The residents shall apply and be certified for
program participation through the use of an authorized representative, who
shall be an employee of and designated by the private nonprofit organization or
institution. Since the organization or institution is applying on behalf of
each addict or alcoholic, they shall receive and spend the coupon allotment for
food prepared by or for the addict or alcoholic. The organization or
institution shall also be responsible for complying with the requirements set
forth in Section 1240-1-31.
(f)
Reserved for Future Use.
(g)
Restrictions on Authorized Representatives.
1.
County Office employees who are involved in the certification and/or issuance
processes and retailers that are authorized to accept food coupons may not act
as authorized representatives without the specific written approval of the
Regional Supervisor or his/her designee, and only if that official determines
that no one else is available to serve as an authorized
representative.
2. Individuals
disqualified for fraud shall not act as authorized representatives during the
period of disqualification, unless the individual disqualified is the only
adult member of the household able to act on its behalf and the worker has
determined that no one else is available to serve as an authorized
representative. The worker shall separately determine whether these individuals
are needed to apply on behalf of the household to obtain coupons and to use the
coupons for food for the household.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.