GENERAL PROVISIONS
§ 125.1. Policy.
(a) General. Application is made on an application form approved by the Department.
(b) Identification. At the application interview, an applicant shall present proof of identity using documents such as a Social Security Card, driver’s license, selective service card, voter registration card, a Departmental identification card or a work or school I.D. If documentary proof of identification is not readily available, the worker shall attempt to verify the applicant’s identity through a collateral contact. Examples of acceptable collateral contacts include social service agencies, landlords, employers, neighbors and others who can be expected to provide accurate third-party verification.
(c) Referral to the domestic relations section of the court. To receive benefits for himself, an applicant applying on behalf of a child whose eligibility is based on deprivation due to absence of a parent from the home shall be referred to the domestic relations section or other applicable division of the court of common pleas unless the applicant is claiming good cause as specified in Chapter 187 (relating to support from relatives not living with the client). The caretaker relative may still apply for and receive benefits for eligible minor children without completing the referral process.
(d) Signing of application form. Requirements for signing of an application form are as follows:
(1) The applicant, regardless of age, shall sign prior to filing the form and again during the application interview.
(2) Persons applied for who are 18 years of age or older and emancipated minors 17 years of age or younger shall sign during the application interview or within 30-calendar days from the date of authorization.
(3) Failure to sign shall result in the ineligibility of the person required to sign the form.
(e) Signing of authorization to release information form. Under § 201.4 (relating to procedures), the applicant or the person who is the payment name, regardless of age, and individuals applied for or receiving cash assistance who are 18 years of age or older and emancipated minors 17 years of age or younger shall sign the form. Failure to sign shall result in ineligibility of the person required to sign the form.
(f) Signing an agreement of mutual responsibility. Each applicant for and recipient of cash assistance and other individuals who are required to sign an application for assistance shall sign an AMR, as defined in § § 123.22 and 165.2 (relating to definitions; and definitions) that must be signed and approved by the CAO.
(g) Failure to sign or complete AMR. An individual who is required to sign an application for assistance who fails, without good cause, to sign or cooperate in the completion of an AMR is ineligible for cash assistance until the individual completes and signs an application and approved AMR.
(h) Failure to comply with AMR.
(1) Failure of the individual to cooperate with child support requirements, without good cause, will result in the penalties described in § 141.21(e) (relating to policy).
(2) Willful failure to comply with RESET participation requirements, without good cause, will result in the penalties described in § 165.61 (relating to sanctions).
(3) Failure to comply with other aspects of the AMR, without good cause, will result in ineligibility for cash assistance until the individual complies.
(i) Contents of AMR. An individual’s obligations set forth in the AMR include:
(1) Remain free of alcohol and illegal drugs if substance abuse is determined to be a barrier to employment.
(2) Participate in, maintain compliance with, and satisfactorily complete a drug and alcohol treatment program approved by the Department of Health or administered by an agency of the Federal government, or both.
(3) Provide timely and accurate information.
(4) Cooperate in establishing paternity and obtaining support as specified in § 187.23 (relating to requirements).
(5) Seek and participate in an educational program leading to a high school diploma or its equivalent, job training or work-related activities.
(6) Seek, accept and maintain employment.
(7) Accept referral to, participate in and continue to participate in an available work-related activity, if applicable, including work-related activities specified on the AMR.
(8) Accept referral to, work in and retain employment in which the individual is able to engage and participate in work activities specified on the AMR.
(9) Not reduce earnings without good cause.
(10) Obtain prenatal care, if applicable.
(11) Maintain the health and well being of the individual’s children, including the following, if applicable:
(i) Ensuring that children attend school and pursue a high school diploma or its equivalent.
(ii) Ensuring that children receive immunizations, appropriate health screenings and necessary medical treatment, consistent with Nationally recognized standards.
(iii) Performing other appropriate activities based on an assessment of the education level, parenting skills and history of parenting activities and involvement of each parent who is applying for assistance.
(j) Approved work and work-related activities. The specific work and work-related activities approved for the individual are included on the AMR.
(k) Notice. A notice approved by the Department is sent to the applicant whenever a decision is made on the eligibility of the applicant or person for whom he is applying.
Authority The provisions of this § 125.1 amended under sections 201(2), 403(b), 405, 405.1, 405.3 and 432 of the Public Welfare Code (62 P. S. § § 201(2), 403(b), 405, 405.1, 405.3 and 432); the Support Law (62 P. S. § § 1971—1977); Titles I and III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193) (PRWORA), creating the Temporary Assistance for Needy Families (TANF) Program, and amending 42 U.S.C.A. § § 601—619, 651—669(b) and 1396u-1; section 5543 of the Balanced Budget Act of 1997 (Pub. L. No. 105-33) (42 U.S.C.A. § 653(p)); the Federal TANF regulations in 45 CFR 260.10—265.10; and the Domestic Relations Code, 23 Pa.C.S. § § 4301—4381, 5103, 7101—7901 and 8101—8418.
Source The provisions of this § 125.1 amended through July 16, 1982, effective July 17, 1982, 12 Pa.B. 2286; amended October 4, 1991, effective October 5, 1991, apply retroactively to November 1, 1989, 21 Pa.B. 4643; amended September 13, 2002, effective retroactively to March 3, 1997, 32 Pa.B. 4435. Immediately preceding text appears at serial pages (268481) and (268482).
Cross References This section cited in 55 Pa. Code § 108.7 (relating to requirements subject to waiver); 55 Pa. Code § 108.12 (relating to notice of good cause waiver determinations based on domestic violence); and 55 Pa. Code § 133.23 (relating to requirements).
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