960.3 Selection of a Protective Payee

The selection of a protective payee is made by the recipient or by the CAO with the participation and consent of the recipient. Whenever possible, a Public Child Welfare Agency is the preferred protective payee in cases involving children. In cases involving an SSA applicant, the preferred protective payee is the individual who has been appointed as a representative payee by SSA on behalf of an applicant for Social Security benefits.

55 Pa. Code § 291.24(b)(1)

A protective payee is a responsible individual age 21 or older who:

• is acceptable to the recipient;

• is capable of managing money;

• is concerned about the recipient's welfare;

• is willing and able to spend money for the recipient's welfare;

• is willing to cooperate with the CAO;

• is an example to the recipient;

• lives nearby;

• has no financial interest of their own in the use of the assistance payments; and

• agrees to safeguard personal information concerning the family.

If a responsible adult is not available to act within the above criteria, or the recipient is unable to make the decision, or the appointment of an available individual would not be in the best interest of the recipient, the CAO or another appropriate organization, may serve as a protective payee.

55 Pa. Code § 291.24(b)(1)(iv)

If after making all reasonable efforts, the CAO is unable to locate a protective payee, the CAO will make assistance payments for the remaining members of the budget group directly to the individual who fails to cooperate with child support requirements or to the sanctioned individual for employment and training purposes.

Exception: The CAO will not make assistance payments directly to a sanctioned individual who has a money management problem.

The protective payee cannot be:

55 Pa. Code § 291.24(b)(1)(v)

• a landlord, grocer, or other provider of service who deals directly with the recipient;

• the Executive Director of the CAO;   

• the CAO worker who determines financial eligibility for the individual or family;

• the supervisor of the CAO eligibility worker;

• special CAO investigative or resource staff; or

• CAO staff handling clerical processes related to the recipient.     

Reissued October 12, 2018, replacing September 28, 2012