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;

(2) fails to cooperate in obtaining child support under AS 47.27.040 and 7 AAC 45.245; or

(3) fails to participate in work activities as required under AS 47.27.035 and 7 AAC 45.260.

(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.

History: Eff. 8/6/92, Register 123; am 10/1/97, Register 143; am 1/7/2005, Register 173

Authority: AS 47.05.010

AS 47.27.005

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