0205.045.00  Protective Payments

Temporary Assistance benefits are not granted or continued with respect to any child unless benefits are used to meet the needs of the child and the needy eligible relative caring for the child.  [Section 208.050 (1) RSMo.]

Payment of Temporary Assistance benefits may be made to an individual, other than the relative with whom the child lives, who is interested in the child or furnishing goods or services in the following cases:

  1. where the relative with whom the child lives has demonstrated an inability to manage funds to the extent that benefits are not used in the best interest of the child (208.180 RSMo),

0205.045.05 Misusing Benefits

Misusing a grant includes frequently spending the grant primarily for the recipient's use rather than for the child's necessities.

If aware of grant misuse or if complaints are received from reliable witnesses or persons having factual knowledge of grant misuse, discuss the situation with the family.  Identify that further misuse will cause selection of an alternative payment method.  If misuse continues, use an alternative payment method.

Occasionally a creditor requests FSD to pay Temporary Assistance benefits to them.  If this occurs, notify the claimant of the creditor's request.  Determine if there is misuse of Temporary Assistance benefits.  Another reason for late bill payment may exist, such as funds used for an emergency, expenses exceed income, etc.  If determined that the family is not misusing benefits, notify them of this decision.

After determining if protective payments are needed, send the family an adverse action notice before the Temporary Assistance grant is made in the form of protective payments.

Refer the family to Children's Services if it appears that the misuse of benefits is causing risk of abandonment or neglect to the child(ren).  When the family indicates their ability to handle the grant satisfactorily, restore payment to them.  When all efforts have failed to improve the family's ability to manage benefits, and protective payments continue or are likely to continue beyond two years, seek judicial appointment of a guardian or other legal representative.

0205.045.10 Issuing Protective Payments

Protective payments are made either directly to a provider or an alternate payee.  Choose the method of protective payments that best meets the needs of the child(ren).  Payment can be made directly to a provider of goods or services.  The total amount for any month must not exceed the maximum amount of the Temporary Assistance grant for which the family is eligible.

Using an alternate payee means paying the Temporary Assistance grant to a relative or friend other than the caretaker.  Use the following order of priority in selecting an alternate payee.

  1. A RELATIVE IN THE HOUSEHOLD approved by the caretaker and the caseworker/SSCM;
  2. A RELATIVE OUTSIDE THE HOUSEHOLD approved by the caretaker and the caseworker/SSCM;
  3. A FRIEND OF THE CARETAKER IN OR OUT OF THE HOUSEHOLD approved by the caretaker and the caseworker/SSCM;
  4. A RELATIVE IN THE HOUSEHOLD approved by the caseworker/SSCM but not the caretaker;
  5. A RELATIVE OUTSIDE THE HOUSEHOLD approved by the caseworker/SSCM but not the caretaker; or
  6. A FRIEND of the caretaker, in or out of the home, approved by the caseworker/SSCM but not the caretaker.

In selecting an alternate payee, consider:

Carefully consider other factors that have a bearing on the ability of the person to serve as an alternate payee.  The caseworker, other FSD employee, or a person not known to the caretaker should never be selected to serve as payee in these cases.  Always consult the caretaker in selecting an alternate payee.

Inform the alternate payee that he/she is expected to discuss handling finances with the caseworker/SSCM at each reinvestigation, or at least once every six months.  If the alternate payee wants to be relieved of the responsibility or if a major or continuing disagreement exists between the family and the alternate payee and the case is on protective payments because of benefit misuse, remove the case from the cash payroll.  Handle as an order case until another alternate payee is found or until the family is given another chance to handle their benefits.

If a family must be sanctioned and, an alternate payee is not available, the caretaker remains the payee for the Temporary Assistance check for the remaining member(s) of the assistance group.  Document efforts to locate an alternate payee.