§ 291.23. Requirements.
(a) Need for protective or vendor payment. Need for protective or vendor payment is established in the following circumstances:
(1) The failure of a person applying for AFDC or GA Assistance on behalf of a child to cooperate in securing child support payments from an absent parent without good cause will result in a protective payment for the child.
(2) In accordance with Chapter 165 (relating to Employment and Training Program), certain recipients who have failed without good cause to participate in ETP will be provided assistance through a protective payment.
(3) An AFDC client who demonstrates problems in money management which severely affect his welfare or the welfare of the family for whom he is responsible will be provided assistance through a protective or vendor payment.
(4) An AFDC or GA client who owes at least the amount of three months in rental payment to a housing authority which operates the housing project in which the client lives may be provided assistance through a vendor payment determined in accordance with the requirements specified in subsection (e).
(5) An AFDC or GA recipient receives a special allowance for supportive services for child care and the provider is a regulated provider who has signed the Department’s vendor payment agreement and who is enrolled in the Department’s child care vendor payment system.
(b) Problems in money management. Problems in money management which severely affect the welfare of the client or that of his family will be considered to exist whenever the client has misused funds to such an extent that allowing him to continue to manage the assistance grant is a threat to the health or safety of himself or his family.
(c) Provisions for a vendor or protective payment. The following provisions for establishing a vendor or protective payment must exist:
(1) [Reserved.]
(2) For AFDC/GA cases, the client is at least 3 months delinquent in his rent.
(3) For AFDC cases only, social services measures to help the client with his money management problems have not been effective.
(4) For AFDC/GA cases, a caretaker/relative is ineligible for assistance because of failure to comply with Departmental requirements for securing support from an absent parent or establishing paternity for a child born out-of-wedlock as set forth in § 141.21 (relating to policy) and § 145.63 (relating to requirements).
(d) Conditions for authorizing vendor payments (AFDC). Vendor payments may be approved for AFDC if the following conditions are met:
(1) The item for the vendor payment is either board, room and board, shelter or a special allowance for child care. There may be only one vendor in a given period of time.
(2) The total monthly assistance allowance equals or exceeds the charge for the specific item provided by the vendor.
(3) The item is a recurring need. A vendor payment may not be authorized for a one-time need.
(4) The vendor agrees to the vendor payment method and agrees to accept the payment as payment in full for the item he provides.
(e) Conditions for authorizing vendor payments to housing authorities (AFDC/GA). Vendor payments to housing authorities may be authorized on behalf of AFDC and GA recipients for the payment of delinquent rent owed by the recipient to the housing authority provided all of the following conditions are met:
(1) The recipient resides in a public housing project.
(2) The recipient owes the housing authority unpaid rent in an amount equal to or more than 3 months rent.
(3) The housing authority submits a written request to the CAO which documents the following:
(i) The amount of the recipient’s monthly rental charge.
(ii) The total amount of delinquent rent owed, the specific months for, and monthly amount of, rent which has not been paid by the recipient.
(4) The conditions for authorizing a vendor payment as specified in subsection (d)(2)—(5) are met.
(5) A first-level supervisor of the CAO conducts a face-to-face hearing with the recipient/tenant to establish whether or not the rent is owed. If the determination is that rent is owed to the housing authority, the supervisor will implement the following procedures:
(i) For GA recipients, the CAO supervisor will approve the authorization of the vendor payment to the housing authority in accord with § 291.24(e)(4) (relating to procedures).
(ii) For AFDC recipients, the CAO supervisor must determine whether or not the nonpayment of rent by the tenant is due to mismanagement of funds determined in accordance with the procedures specified in § 291.24(a)(1). Where the CAO supervisor determines that the nonpayment of rent by the tenant is due to mismanagement of funds, the vendor payment will be authorized only after concentrated social services provided by a line worker have failed and the CAO determines that a vendor payment is in the best interest of the client. The vendor payment will be authorized in accord with § 291.24(e)(4).
(f) Notification requirements. The client shall be notified in writing when any of the following occurs:
(1) A creditor requests a protective or vendor payment for mismanagement of funds based on nonpayment of bills, or a housing authority requests a vendor payment for the unpaid rent of 3 or more months from a tenant receiving assistance.
(2) The CAO decides not to establish a protective or vendor payment following a request by a creditor or housing authority.
(3) The CAO decides to establish a protective or vendor payment based on mismanagement of funds or to establish a vendor payment to a housing authority. The action cannot be taken, however, unless the client is given adequate advance notice in accordance with § 133.4(b) (relating to procedures).
(g) Right to appeal. The client has the right to appeal from a decision concerning a protective or vendor payment in accordance with § 275.1 (relating to policy), except when the issue is the manner or form of payment of a special allowance for child care and the change does not result in discontinuance, suspension, reduction or termination of the allowance or force a change in child care arrangements.
Source The provisions of this § 291.23 amended through August 27, 1982, effective August 28, 1982, 12 Pa.B. 2853; amended October 2, 1992, effective upon publication and apply retroactively to October 1, 1989, 22 Pa.B. 4875. Immediately preceding text appears at serial pages (109265) to (109266) and (163767).
Cross References This section cited in 55 Pa. Code § 133.4 (relating to procedures).
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