7 AAC 40.400 - To whom payment is made

(a) Except as provided in this section, payment is made to the applicant. If an applicant and the applicant's spouse are both eligible for assistance under this chapter, separate payments are provided for each person's needs.

(b) The division may make payment to a third party when the Social Security Administration requires a third party to receive an applicant's Social Security payment on the applicant's behalf. Unless the division determines that good cause exists not to select the same person, the division shall select the same third party to serve as payee as the Social Security Administration selected. If the payee selected by the Social Security Administration cannot be selected to serve as payee for assistance under this chapter, the division shall select an alternate payee. Under these circumstances, assistance under this chapter will be withheld until an alternative payee is selected by the division.

(c) If the Social Security Administration does not require a third party to receive an applicant's Social Security payment, an applicant may request in writing that payment be made to a third party. The division shall review the request and may grant it if the division finds that the appointment is in the best interest of the applicant.

(d) A payee, including an alternative payee, must agree in writing to receive payment, to apply it without delay to the use and benefit of the applicant for the applicant's current maintenance, and to provide the division at its request with an accounting of the payments made.

(e) If a court authorizes a third party to serve as guardian or conservator to conduct the financial affairs of an applicant, payment will be made to the third party unless the third party or the court directs otherwise.

(f) In this section, "good cause" means that the third party resides in another state, refuses to serve as payee for assistance under this chapter, or is determined by the division to be unable to meet the requirements of this section in order to serve as a payee.

Notes

7 AAC 40.400

Eff. 5/12/82, Register 82; am 10/10/96, Register 140; am 9/20/2002, Register 163

Authority:AS 47.05.010

AS 47.25.430

AS 47.25.460

AS 47.25.470