OAR 461-165-0035: Alternate Payees

(1) An “alternate payee” is an individual or organization permitted by this rule to obtain and use benefits for and in the best interests of the benefit group (see OAR 461-110-0750). (2) In the TA-DVS program, an alternate payee (see section (1) of this rule) may not be established. (3) The following individuals may appoint an alternate payee in writing on a form designated by the Department. The form must include the signatures of both the individual designating the alternate payee and the alternate payee : (a) In all programs, the head of household (see OAR 461-001-0015) of any age, primary person (see OAR 461-001-0000 and OAR 461-001-0015) of any age, primary contact (see OAR 410-200-0015) of any age, authorized representative (see OAR 461-115-0090), and any other member age 18 or older of the group applying. (b) An individual given legal guardianship or power of attorney for an individual age 18 and older. (c) In the OSIP and OSIPM programs, a community spouse (see OAR 461-001-0030). (4) If an alternate payee is needed and all responsible members of the group applying are temporarily unable to act as a payee, the Department may appoint an emergency alternate payee . (5) When an alternate payee is authorized, the Department may issue a Department Electronic Benefit Transfer (EBT) card or other program benefits to the alternate payee . (6) The following may not serve as an alternate payee : (a) An individual serving an Intentional Program Violation (see OAR 461-195-0601), unless the Department determines no one else is available to serve as the alternate payee . (b) Homeless meal providers (see 7 CFR 271.2) for homeless SNAP recipients. (c) A person who may cause harm to the individual. (d) A person who may have a conflict of interest. (A) Department employees or an employee of a contractor involved in the certification or issuance processes for Department program benefits, unless a designated Department official determined no one else is available to serve as an alternate payee and has given approval. (B) Retailers who are authorized to accept Department EBT cards, unless a designated Department official determined no one else is available to serve as an alternate payee and has given approval. (7) The power to act as an alternate payee for an individual ends when: (a) The represented individual notifies the Department that the designation is terminated; (b) The alternate payee notifies the Department that the designation is terminated; (c) The Department determines the alternate payee is no longer permitted to be the alternate payee ; or (d) There is a change in the legal authority upon which the individual or organization’s authority was based. (8) An alternate payee who misuses Department benefits is subject to penalty as follows: (a) In a group living (see OAR 461-001-0015) arrangement or a drug or alcohol residential treatment facility identified in OAR 461-135-0510, the facility may be prosecuted under applicable federal or state law. (b) For any other alternate payee not covered by subsection (a) of this section, the Department may prohibit the person from serving as a payee for one year.