1. A. The Department shall pay benefits to a protective payee who is not a member of the assistance unit:

   1. 1. On behalf of all unit members when a state or tribal protective service agency notifies FAA that the recipient is mismanaging or misappropriating benefits; or
   2. 2. On behalf of all unit members other than the designated recipient when the recipient is disqualified for IPV or fraud.

2. B. The Department, with the assistance of the recipient, shall select a protective payee, who may be any adult other than the following:

   1. 1. The Department’s director,
   2. 2. A Department eligibility interviewer,
   3. 3. An employee in the Department’s Office of Special Investigations,
   4. 4. A Department employee who handles fiscal processes related to the CA program, and
   5. 5. A vendor of goods or services who deals directly with the recipient.
3. C. Except in cases of mismanagement, the Department shall continue paying benefits to the recipient if the Department cannot locate a suitable payee, after exhausting reasonable efforts to do so.

4. D. Protective payments shall terminate:

   1. 1. In cases of mismanagement, upon a determination by the protective services agency that such payments are no longer required to avoid further mismanagement; and
   2. 2. In all other cases, when the recipient cooperates with the requirement that caused the onset of protective payments.

Historical Note

Adopted effective November 9, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).