Protective payments

§ 350-a. Protective payments. 1. Whenever the social services official who is granting allowances of family assistance to a relative for the benefit of a child determines that such relative is unable to manage the allowances he or she may, when appropriate in accordance with state and federal requirements, pay the allowances to another individual who is interested in or concerned with the welfare of the child and relative.

2. The determination of the social services official to pay allowances to another individual pursuant to subdivision one may be appealed to the department by the relative concerned who shall be given an opportunity for a fair hearing on his appeal. The department may review such determination on its own motion. The powers and procedures prescribed by section twenty-two of this chapter shall likewise apply to the determinations, appeals and reviews made pursuant to this section.

3. Any relative or other person who is granted an allowance of family assistance for the benefit of a child or children and who wilfully uses all or any part of such allowance other than for the benefit of such child or children, shall be guilty of a misdemeanor.