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CHAPTER 11 - RESTRICTING TANF PAYMENTS

INTRODUCTION 11.1

This chapter only pertains to TANF. TANF benefits are usually issued as unrestricted cash grants posted to the recipients' EBT accounts. The recipient is expected to manage his/her own affairs, exercising the same right of choice in the manner of spending as other members of the community. In situations in which the recipient has demonstrated an inability to manage funds in the best interest of the children in the group, the benefits may be restricted. The restriction may be voluntary or involuntary and benefits may be issued as rental vendor payments or protective payments.

LEGAL AUTHORITY 11.2 AREA/TOPIC DISTRICT FEDERAL Restricted TANF Payment D.C. Code 4-212.2 PROTECTIVE PAYMENTS 11.3

A protective payment is a restricted TANF payment paid to a person other than the parent or caretaker relative who has shown interest in the welfare of the TANF children. When the need for a protective payment has been established, a protective payee must be selected. The protective payee acts for the recipient in receiving and managing the TANF benefit. In order to assign a protective payee to a case, the head of the TANF group must agree to the arrangement. IMA cannot assign a protective payee to a case without the head of the group’s consent.

The protective payee may be a friend or relative of the TANF family, or a staff member of a private agency or other appropriate organization which will act on behalf of the best interest of the children. Staff of the Department or other persons whose selection might create a conflict of interest, such as landlords or other persons providing goods or services to the recipient, may not be named as protective payees.

Third parties, including individuals who have not been paid for services rendered, charitable organizations, clergy, or family members, can request that the Department assign a protective payee. A payee cannot, however, be assigned without the consent of the head of the group.

A protective payee should be responsible and dependable and exhibit an interest in and concern for the welfare of the family.

Assignment of a protective payee is voluntary; therefore selection of the payee must be made in consultation with the recipient. FSA staff may also be consulted if they are providing services to the family. The recipient must provide written consent to the assignment of the protective payee. The protective payee should sign an acknowledgment that indicates that s/he will use the family’s funds in the family’s best interests.

Review of Protective Payee Status 11.3.1

Continuation of the protective payee assignment must be discussed at each TANF eligibility review. Written consent of the recipient must be obtained at each review to continue the assignment.