Current through September, 2024
Section 17-681-3 - Methods of issuance(a) Financial assistance benefits to eligible persons shall be issued in the form of an Electronic Benefit Transfer (EBT) card, direct deposit, protective payment, or imprest fund check. (1) The general method of issuance shall be by EBT card or direct deposit into the bank account of the eligible recipient payee, legally appointed guardian of the recipient, or non-needy payee.(2) The following individuals may be designated as payee for the monthly financial benefit: (A) An eligible adult in a one-member family;(B) One of the eligible adults in a family with two or more eligible adults;(C) A parent or relative in a family consisting of adults and children;(D) A non-needy individual living in the household of eligible welfare recipients;(E) An individual other than a specified relative in an emergency situation that will deprive the TANF child from receiving the required care of the parent or relative. The payee shall be changed to the parent or relative at the termination of the emergency situation; or(F) The eligible minor who has a separate TANF or state AABD case if: (i) The minor is living independently and is able to manage the financial assistance payment; or (ii) The parents or specified relative with whom the minor is living agrees that the eligible minor shall be the payee.(b) The eligibility worker shall determine if an individual is in need of protection or if the need for a legal guardian is indicated in subsection (c). (1) Referral to an agency for assistance with financial planning and money management may be made when information indicates that the individual's ability to manage the individual's own financial affairs is highly questionable and the individual is not receiving follow-up services from an agency; and(2) All referrals shall be made with the full knowledge and understanding of the adult recipient.(c) The eligibility worker, with supervisory approval, shall determine whether money mismanagement necessitates protective payment. Money mismanagement occurs when:(1) The recipient demonstrates continued inability to plan and budget necessary expenditures for the assistance period;(2) There is continued evidence from the eligibility worker's observation, community complaints, medical or psychiatric reports, or social service worker reports that the children or recipient are not properly fed or clothed and that expenditures for the children or recipient are made in such a way as to threaten their chances for healthy growth and development;(3) There is persistent and deliberate failure by the recipient to meet obligations for rent, food, school supplies, and other essentials; or(4) There are repeated evictions of the recipient or incurrence of debts by the recipient with attachments or levies against the family's income or assets.(d) A recipient determined to be in need of a protective payee because of money mismanagement shall have the recipient's situation reviewed as frequently as indicated by the individual's or family's circumstances, but not less frequently than every twelve months. The review shall be made to:(1) Determine the continued need for protective payments; and(2) Ensure that the protective payee is carrying out the responsibilities of a protective payee.[Eff 3/19/93; am and comp 6/24/13] (Auth: HRS §§ 346-14, 346-53) (Imp: HRS § 346-38, 45 C.F.R. §§ 233.90, 234.11, 234.60, 234.70 )