Section 0250-07-10-.11 - ADDITIONAL RULES FOR SOCIAL SECURITY BENEFITS(1) With respect to Title II and Title XVI funds, to the extent that the rules in this section conflict with any other rules, or are more specific than, any of the rules in these rules, the rules in this section shall control.(2) DCS will maintain a separate accounting for each child's benefits account.(a) Upon written request, DCS will send an annual accounting by category for monthly expenditures of the use of the child's funds to the committing court, the child's attorney or guardian ad item, or the child, if age 17 or over.(b) Accountings will be sent to a child's parent or guardian only if such release of information is approved by the DCS and does not violate federal or state law.(c) Requests can be made only once a year on behalf of each child beneficiary. The child in custody for less than a year is entitled to an annual accounting by category as well.(d) DCS will maintain a written record of the number of accounting requests received, the date of receipt, the number processed, and the date the accounting was provided and to whom the information was provided.(3) DCS shall provide information about a child's benefits to the child beneficiary's custodial department worker, including information about the child's benefits and about the custodial department worker's right to ask for special items for the child, if there is money left after current maintenance is provided for the child. A copy of the child's benefits summary shall be placed in the child's case file at the custodial department.(4) Notwithstanding Rules 0250-7-1-.05(3), (8) and (9), DCS will not use a lump sum payment or retroactive benefits, as defined by SSA as dedicated funds, for Title XVI award for payment of a child's prior care without the express written authority from the SSA.(5) Refund of unused balances to the funding source will be made in accordance with written regulations of the SSA not to exceed 60 days.(6) If a child who receives SSI enters an institution in which a major portion of a bill is paid by the Title XIX program, the representative payee shall inform the SSA of the placement. DCS will comply with instructions from SSA for each child concerning the refund or use of funds.(7) In the event that a child receives Title XVI funds, the child's placement facility, or any other fiduciary who holds any funds for such child shall report monthly the balances of the child's personal funds to DCS in order for DCS to meet its accountability and reporting duties to the SSA.(8) These rules are subject to the requirements of state statutes, federal statutes, regulations, and the SSA Program Operations Manual System (POMS). To the extent that these rules are or may become in conflict with the requirement of federal statutes, regulations, or the SSA POMS as may be amended, the federal statutes, regulations, or the SSA POMS shall govern.Tenn. Comp. R. & Regs. 0250-07-10-.11
Original rule filed December 28, 1995; effective April 29, 1996. Rule assigned a new control number, removed and renumbered from 1200-31-1-.11 filed and effective June 3, 1999. Repeal and new rule filed June 8, 2005; effective August 22, 2005.Authority: T.C.A. §§ 4-3-1007, 4-4-102, 4-5-217, 4-5-226(b)(2), 37-5-101, 37-5-105, 37-5-106, 37-5-112(a), and Executive Order No. 58; 42 U.S.C. §§405 et seq. and 1382 et seq.; 20 C.F.R. 404.301 et seq.