Section 1240-01-18-.05 - DESIGNATION OF ALTERNATE PAYEE, PROTECTIVE PAYEE OR AUTHORIZED REPRESENTATIVEIn 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.(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.(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.(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; and2. 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.Tenn. Comp. R. & Regs. 1240-01-18-.05
Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed April 30, 1985; effective July 14, 1985.Authority: T.C.A. §§ 14-27-104, 14-8-106, and 14-8-111; 7 CFR 273.1; 45 CFR 233.90, 234.60, and 235.70.