7 AAC 45.590 - Protective payee
(a) The department will make ATAP benefit
payments through a protective payee whenever an applicant or a recipient
(1) receives and keeps a child support
payment notwithstanding the assignment, under
AS
47.27.040 and
7
AAC 45.240, of the right to that payment;
(b) The selection of a protective payee,
(1) is subject to department approval;
and
(2) may be made by the
applicant, or with the participation and consent of the applicant to the extent
possible.
(c) A
protective payee must be a responsible adult, as determined by the department,
who can reasonably be expected to act in the best interests of each dependent
child.
(d) A protective payee must
make the ATAP benefit payments available to meet the needs of each dependent
child.
(e) The following
individuals may not be protective payees:
(1)
a department employee;
(2) a fee
agent;
(3) the commissioner or the
director;
(4) a contractor who
determines the financial eligibility of families for ATAP benefits;
(5) an employee of the state who is
responsible for financial matters related to the recipient family;
(6) a landlord, store owner, or other vendor
of goods, realty, or services who deals directly with the recipient family;
or
(7) a member of the mandatory
filing unit as described in
7
AAC 45.195.
(f) Once an acceptable protective payee is
identified, that individual must consent to serve as a protective payee in
writing, on a form provided by the department. On the consent form provided,
the protective payee shall agree to
(1) use
the ATAP payment to meet the needs of the eligible members of the assistance
unit; and
(2) account for how the
ATAP payments are disbursed, upon the department's request.
(g) A protective payee may choose
to withdraw the written consent, required by (f) of this section, at any time.
If a protective payee does withdraw consent, the department will attempt to
establish a new protective payee.
(h) If all reasonable efforts to identify and
establish a protective payee have failed, the department will make payments to
the caretaker relative on behalf of the remaining members of the assistance
unit.
Notes
Authority:AS 47.05.010
AS 47.27.005
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