452-7 TO WHOM PAYMENT IS MADE

452-7 TO WHOM PAYMENT IS MADE

452-7 A. PAYMENT TO A RECIPIENT

Except as provided in this section, the APA payment is made to the recipient.

452-7 B. PAYMENT TO A THIRD PARTY PAYEE

1. Payee Types

Mandatory Payees APA payments must be made to a third party if the Social Security Administration requires a third party to receive a recipient’s Social Security benefit. Unless there is good cause not to select the same person as a payee for the individual’s APA benefits, the case worker will select the same payee as the Social Security Administration. If, for some reason, the payee selected by the Social Security Administration cannot be selected to serve as a payee for APA , the case worker will select an alternative payee. Under these circumstances, the individual’s APA payment will be withheld until an alternative payee is selected.

For the purpose of not selecting the Social Security payee, good cause means that the payee:

Resides in another state

Refuses to serve as a payee for the individual’s APA benefits, or

Is determined by the case worker to be unsuitable as a payee.

Non-mandatory Payees An applicant or recipient may request that the APA payment be made to another person. This request must be made in writing. The case worker will make the designated person a payee if, in his or her prudent judgment, there is no substantial reason not to honor the request.

2. Payee Responsibilities

A payee, including an alternative payee, must agree in writing to receive and use the payments to meet the current needs of the client. The payee must also agree, when requested, to provide the case worker with an accounting of how the payments were used. The APA 14 form, Adult Public Assistance Protective Payee Agreement, may be used for this purpose. A payee may withdraw at any time. For non-mandatory payee situations, payment to the recipient will be resumed if, at any time, there is reason to believe that the payments are not being applied to meet the needs of the client. For mandatory payee situations, an alternative payee will be selected.

3. Special Circumstances

In some cases, the applicant or recipient will be either incompetent or too sick to designate payee. In these situations, the case worker may use his or her prudent judgment to make the payment to a responsible person who will act on the client’s behalf. If no action is taken to establish a private guardian, such cases should be referred to the Public Guardian, Office of Public Advocacy, so that a guardian may be established. Until a guardian is established, the case must be checked periodically to assure that benefits are being applied to the client’s needs.

452-7 C. PAYMENT TO A GUARDIAN

If a court authorizes a third party to conduct the financial affairs of an applicant or recipient, payment will be made to the third party unless the third party or the court directs otherwise.

Note: If we have documentation establishing a third party as guardian or conservator we do not need to have them sign the APA 14 . However, without a court authorized agreement, the APA 14 must be signed before benefits can be authorized.

452-7 D. DEATH OF RECIPIENT

Payments issued to a recipient after the date of the recipient's death must be returned to DPA and cancelled as outlined in Admin MS 121-15 .

Payments issued before the date of death, but not negotiated at the time of the recipient's death must be returned to DPA and cancelled. If a legally authorized representative of the deceased client's estate claims such benefits within 90 days of the date of the recipient's death, the payment shall be reissued on a warrant payable to the recipient's estate.