[27 Pa.B. 342]
[Continued from previous Web Page] 5. Time Limits on Receipt of TANF
Receipt of TANF assistance is limited to a total of 60 months (five years) in an adult's lifetime. Assistance received as an adult (over age 18), as a minor child who is head of household, or as a minor child married to the head of household, will count toward the limit. Periods of receipt need not be consecutive to count toward the 60 months. Assistance may not be provided to a family that includes an adult who has received his or her lifetime limit of 60 months of assistance.
The State reserves the right to exclude up to 20 percent of its average monthly caseload from the 60-month limit due to situations determined to constitute a hardship.
After receiving a total of 24 months of assistance, an individual who is required to meet work requirements must be working for at least an average of 20 hours per week.
The first day of both the 60 and 24-month limit will begin on March 3, 1997 for current recipients and on the date of authorization for applicants authorized on or after that date. The 60 months will be counted as 1,830 days. The 24 months will be counted as 732 days.
6. Determining Eligibility
Pennsylvania is following rules, regulations and procedures in effect prior to the TANF implementation date, except for the following revised provisions that are authorized or required by State law (Act 35) or by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996:
[ ] Earned Income Disregard
The gross earned income of recipients is subject to a continuous 50 percent disregard. The increased disregard will encourage recipient families to work and will provide additional financial support as they make the transition from welfare to self-sufficiency. Applicants may qualify for the 50 percent disregard if they have received TANF in one of the four months prior to application or if their income is equal to or less than the standard of need. The deduction for the cost of dependent care related to employment will be deducted following application of the 50 percent disregard.
[ ] Income Exclusions
Income excluded under current State regulations remains the same under TANF except for the following:
* Educational assistance in the form of loans, grants and scholarships is excluded as income.
* Income-in-kind for services rendered is excluded from consideration in the determination of eligibility.
* The first $50 per budget month of court-ordered or voluntary support payments received is not excluded as income. All support received is counted when determining eligibility.
[ ] Resources
Resources that are excluded from determining eligibility under current regulation remain the same except for the following:
* The cash value of life insurance is excluded as a resource.
* An educational savings account established to pay for post-secondary educational expenses directly to an approved educational institution is excluded as a resource. Pennsylvania is exercising the TANF option to exclude this account under the TANF individual development account provision.
* Educational assistance in the form of loans, grants and scholarships is excluded as a resource.
* One motor vehicle, regardless of value, is excluded as a resource.
* The nine-month time period for disposing of nonresident real property, during which time a family may receive TANF, is extended as long as the family is continuing to make a good faith effort to sell the property.
[ ] Lump Sum Income
Lump sum income is counted as income only in the month that it is received. Any funds that remain from the lump sum in months following the month of receipt will be counted as a resource.
[ ] Budgeting Method
The income of applicants and recipients affects the TANF benefit as follows:
* For the first two months in which income is received, the income adjustment is based on the best estimate of the expected income (prospective budgeting). The estimate is based upon information provided by the client. The adjustment is made for the first TANF payment for which deadline can be met. Income that is prospectively budgeted will not be reconciled with actual income received in the first two months. Overpayments (underestimates) will not be processed and underpayments (overestimates) will not be corrected.
* After the first two months, the income received in the first month is adjusted in the third month, the second month is adjusted in the fourth month and so on (retrospective budgeting).
* Income adjustments are removed from the grant as soon as possible after the income stops.
This revised budgeting method will not be implemented on March 3, 1997; it will be implemented upon final rule making as published in the Pennsylvania Bulletin.
[ ] Penalty for Noncooperation with Child Support Requirements
If a parent or other caretaker relative fails to cooperate in establishing paternity or in establishing, modifying or enforcing a child support order, without good cause in accordance with Act 35, the parent or caretaker relative will be removed from the cash assistance grant. The resulting reduction in the cash assistance grant will be no less than 25 percent of the cash grant. The grant is reduced until the parent or caretaker relative demonstrates cooperation.
[ ] Penalty for Conviction of Welfare Fraud
An individual who is disqualified on or after the date of TANF implementation for either the Food Stamp Program, the General Assistance Program or the Medical Assistance Program because of fraud is ineligible for TANF during the period of disqualification.
[ ] Satisfaction of Criminal Penalties
An individual who has been sentenced for a felony or misdemeanor offense and who has not satisfied the penalty imposed by the court is ineligible for TANF. An individual who is required to pay fines, cost and restitution, and who is in compliance with an approved payment plan, may be eligible for TANF.
[ ] Fraudulent Misrepresentation of Residence
An individual is ineligible for TANF for a period of ten years if he is convicted in a Federal or state court of fraudulent misrepresentation of residence for the purpose of receiving TANF, Medical Assistance, Food Stamps or Supplemental Security Income (SSI) in two or more states.
[ ] Penalty for Conviction of a Felony for Possession, Use or Distribution of a Controlled Substance
In accordance with Federal TANF requirements, an individual who is convicted on or after August 22, 1996 under Federal or state law of a felony offense related to the possession, use or distribution of a controlled substance is permanently ineligible for TANF.
Pennsylvania's Act 35 specifies that a person convicted of a felony is ineligible for assistance until he has satisfied the penalty imposed by the court. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 allows states to opt out of the permanent ineligibility provision; however, to do so, a state must enact a law after enactment of the Federal Act. Pennsylvania reserves the right to opt out of the Federal requirement to impose a permanent bar. The General Assembly may consider this matter during the next session.
[ ] Failure To Appear At Criminal Court Proceeding
An individual who, as a defendant, fails to appear at a criminal court proceeding when issued a summons or bench warrant is ineligible for TANF.
[ ] Fugitive Felon
An individual who is fleeing to avoid prosecution or custody or confinement following a conviction for a felony or who is violating probation or parole is ineligible for TANF unless the individual is exempt on the basis of a Presidential pardon.
7. Child Support Requirements
Cooperation with the court in identifying an absent parent, establishing paternity, and establishing an order for support continue to be prerequisites to receiving benefits. Current State policies with respect to child support are revised as follows:
* Applicants must appear before, and obtain from, the Domestic Relations Section of the Court of Common Pleas a certification of cooperation with child support enforcement requirements prior to authorization of TANF benefits. The Secretary of the Department may waive the personal appearance requirement for a county court or Domestic Relations Section following review of a written request from the county which establishes that another procedure would be as efficient and effective.
* The definition of cooperation is expanded by requiring an applicant or recipient to take the following actions:
--Identify the parent(s) of any child for whom assistance is sought or received. This includes an appearance by the applicant or recipient, with the child, for scheduled genetic testing.
--Keep scheduled appointments with the Department or Domestic Relations Section.
--Provide truthful and accurate information and documents requested by the Department or Domestic Relations Section.
--Sign and return any forms requested by the Department or Domestic Relations Section.
--Appear as a witness and provide testimony at judicial and other hearings as requested by the Domestic Relations Section.
--Pay to the Department any support payment received directly from the absent parent after an assignment of support has been made.
* The failure of the mother to identify by name the father of a child creates a presumption of noncooperation which may be rebutted only by clear and convincing evidence.
* If an applicant or recipient provides the names of two putative fathers subsequently excluded from paternity by genetic testing, the second exclusion creates a presumption of noncooperation, which may be rebutted only by clear and convincing evidence.
* Either the Title IV-A agency (County Assistance Office) or the local Title IV-D agency (Domestic Relations Section of the Court of Common Pleas) will be permitted to determine whether the applicant or recipient has failed to cooperate and lacked good cause for such failure.
* In accordance with Act 35, the state will retain court-ordered support payments up to the amount of the monthly assistance grant. The Support Pass-Through payment of up to $50 from monthly child support payments will no longer be provided to families.
8. Work and Self-sufficiency
As established by Act 35, recipients of TANF in Pennsylvania are enrolled in an employment and training program known as The Road to Economic Self-Sufficiency through Employment and Training (RESET) to enable them to obtain employment and become self-sufficient. The primary means to achieve self-sufficiency is through work. This approach emphasizes a work-first approach as part of a continuum of services which can establish a work history, preferably in the private sector, with increasing wages and benefits that lead, over time, to economic independence and self-sufficiency.
[ ] Exemptions
To be considered exempt from RESET, recipients must be:
* under the age of 18 and pursuing a high school diploma or GED;
* verified as physically or mentally disabled and temporarily or permanently precluded from any form of employment or work-related activity;
* the parent/caretaker relative of a child under the age of 6 with no available child care; or
* the single, custodial parent of a child under the age of 12 months. Pennsylvania is exercising the option to allow this exemption; however, it may only be granted for a total of 12 months in the parent's lifetime. The 12 months do not need to be consecutive.
An individual who is exempt because of a physical or mental disability is required to participate in work or a work-related activity when the condition ceases as follows:
* If the condition ceases in the first 22 months that the recipient receives cash assistance, the recipient is required to participate immediately.
* If the condition ceases after the recipient has received cash assistance for 22 months or more, the recipient is required to participate within eight weeks.
A specified relative who is exempt for providing care for a child under the age of six is required to participate in work or a work-related activity as soon as child care is available.
Determinations of good cause will be made using the criteria found in Title 55 Pa. Code, section 165.52.
An exempt individual under 18 years of age is required to participate upon:
* becoming 18 years of age;
* attaining a high school diploma or a certificate of high school equivalency; or
* ceasing to pursue a high school diploma or a certificate of high school equivalency.
An exempt single, custodial parent of a child under the age of 12 months is required to participate when the child becomes 12 months old or when the client has exhausted the 12-month lifetime limit for this exemption.
A person who is exempt may volunteer to participate in RESET.
All mandatory or volunteer RESET participants will be assessed and, if appropriate, be required to conduct an independent job search as their initial work-related activity. Nonexempt recipients who remain on welfare for more than 24 months will be required to work or perform community service for a minimum of 20 hours per week to maintain their eligibility for benefits.
Pennsylvania will make a determination by August 22, 1997 whether or not to opt out of the provision to require a parent or caretaker to participate in community service if that parent or caretaker has received assistance for two months, is not exempt from work participation, and is not engaged in work. Pennsylvania would prefer to emphasize job search and other job preparation more likely to lead to paid employment. However, Pennsylvania will consider not opting out of this requirement if we are in danger of not meeting Federal minimum work participation requirements.
[ ] Requirements During the First 24 Months
During the first 24 months, the individual must, as an initial activity, conduct an independent job search for a minimum of eight weeks or until employment is found, whichever occurs first. All nonexempt persons who are receiving cash assistance when TANF is implemented are required to conduct an independent job search within eight weeks of their next redetermination. If at the end of eight weeks the recipient has not found employment, the individual is required to participate in additional work-related activities specified in the Agreement of Mutual Responsibility, which may include additional job search.
EXCEPTION: Individuals with Employment Development Plans which were approved prior to the implementation of TANF will be allowed to continue in their activities until the approved Plans are completed.
If the recipient does not secure employment for an average of at least 20 hours per week during the job search, the work-related activity requirement can be met by participation in any one or combination of the following:
* job search;
* job readiness/preparation activities;
* subsidized employment;
* work experience;
* on-the-job training;
* workfare;
* community service;
* any employment and training program funded or approved by the Department;
* vocational education;
* general education;
* education in English-as-a-second-language; or
* job skills training.
After 12 months of participation in vocational education, general education, education in English-as-a-second-language, or job skills training, the recipient will be required to participate in another work-related activity in addition to the education or training.
EXCEPTION: Individuals between 18 and 22 years of age who have not earned a high school diploma or a certificate of high school equivalency can fulfill the work-related activity requirement for a maximum of 24 months by pursuing a high school diploma or a certificate of high school equivalency.
The Department will assess at six month intervals whether there is a need to impose a 20-hour per week work-activity requirement for job-ready clients in order to meet the minimum Federal work participation rate.
[ ] Requirements After 24 Months
After 24 months, for an average of 20 hours per week, the individual must work in unsubsidized employment or participate in:
* subsidized employment;
* work experience;
* on-the-job training;
* community service; or
* workfare.
[ ] Special Allowances for Supportive Services for Work-related Activities
TANF clients who are required to participate in work-related activities may be eligible for supportive services provided by the Department, including costs for transportation and other work supports. Payments for work supports, when available, will be made by the County Assistance Office for actual costs up to the Department's established maximums.
9. Noncompliance with the RESET Program
A sanction is imposed on any individual required to participate in RESET who, without good cause:
* fails to cooperate with the work or work-related activity requirement;
* voluntarily terminates employment;
* voluntarily reduces earnings;
* fails to apply for work; or
* fails to accept a referral to or a bona fide offer of employment.
If good cause is not established, the client will receive an Advance Notice advising of the proposed sanction.
The sanctions for failure to comply with employment and work-related activity requirements are required by Section 432.3 of Act 35.
[ ] Sanctions for Failure to Comply with RESET Requirements
A mandatory participant who fails to cooperate with the work or work-related activity requirement, participate in RESET or accept a bona fide offer of employment, or who terminates employment, reduces earnings or fails to apply for work, without good cause, is ineligible for cash assistance. Pennsylvania is exercising the option that allows for reduction in the family's assistance grant by more than the pro rata amount when an individual refuses to engage in work.
The period of the sanction is:
First occurrence --30 days or until the failure to comply ceases, whichever is longer. Second occurrence --60 days or until the failure to comply ceases, whichever is longer. Third occurrence --permanently. If the reason for sanction occurs in the first 24 months, the sanction applies only to the individual.
If the reason for the sanction occurs after the first 24 months, the sanction applies to the entire assistance group.
In lieu of the sanctions set forth above, if an employed individual voluntarily, without good cause, reduces his earnings by not fulfilling the 20-hour work requirement during the first 24 months, the cash grant is reduced by the dollar value of the income that would have been earned if the recipient would have fulfilled his 20-hour work requirement, until the 20-hour requirement is met.
NOTE: If an employed individual voluntarily, without good cause, reduces his earnings by not fulfilling the 20-hour work requirement after having received cash assistance for 24 months, the household is ineligible.
The Department has opted not to impose a sanction on Medical Assistance benefits for recipients who fail to comply with employment and work-related activity requirements.
10. Supporting Employment with Day Care
The Department will provide information about its plans for child care programs in the Child Care Development Block Grant State Plan to be submitted, as required, by July 1, 1997. Support for child care costs for eligible TANF recipients participating in approved work-related activities will provide access to a full range of child care opportunities. Consumer education materials and information about minimal health and safety standards are available to all TANF clients and participating providers. Information about day care options, as well as availability and location of care, continues to be available through the Department's contracted Local Management Agencies.
11. Safeguarding Information
Pennsylvania continues to operate its welfare program in a manner that safeguards information about individuals and families receiving assistance. The State intends to adhere to the provisions on the safeguarding of information in effect prior to implementation of TANF, with the addition of the following provisions:
* The Department of Public Welfare will exchange information with the Pennsylvania State Police, the Pennsylvania Board of Probation and Parole, the State Department of Corrections, county law enforcement and corrections agencies, and local law enforcement and corrections agencies. This information will be used to identify persons who have been sentenced for a felony or misdemeanor and have not satisfied the penalty imposed by law, fugitive felons and persons convicted of drug-related felonies. The Pennsylvania State Police and the Pennsylvania Board of Probation and Parole will have access to the records of the Department of Public Welfare's Assistance Recipient Identification Program (finger-imaging file).
* The Department of Public Welfare will furnish the address of an individual to a Federal, state or local law enforcement officer who certifies that the individual has information that is necessary for the officer to conduct his official duties and the location of the recipient is within such official duties.
12. Transfers of TANF Block Grant Funds
Pennsylvania continues to provide supportive and emergency assistance through TANF or other State programs as follows:
* TANF funds will be transferred to Child Care and Social Services Block Grants.
* TANF funds will be transferred to support Office of Children, Youth and Families programs which provide emergency assistance and services to children only.
* TANF funds may be transferred to the Department's Office of Social Programs to augment the existing Homeless Assistance Program, thereby creating a single program to respond to emergency shelter needs.
13. Reductions of Out-of-Wedlock Births
The Pennsylvania Department of Public Welfare, through its Office of Social Programs, is the agency responsible for services which can reduce out-of-wedlock births. This reduction is being addressed from two perspectives:
* Provision of family planning services for low-income families and without regard to income for those who are 16 and 17 years old; and
* Abstinence education for adolescents with family incomes less than 185 percent of the federal poverty income guidelines. Pennsylvania is exercising the option to provide mentoring, counseling and adult supervision to promote abstinence from sexual activity.
For TANF, services will be focused on adolescents and provided by current contractors.
In 1994, there were 51,354 out-of-wedlock births, of which 14,843 or 28.9 percent were to women 19 years of age or younger. In 1995, there were 49,042 out-of-wedlock births, of which 14,436, or 29.4 percent, were to women 19 years of age or younger. Pennsylvania proposes to reduce the number of out-of-wedlock births to teenagers to 28.15 percent in 1998 (one percentage point less than the average for 1994-1995) through support of family planning services and abstinence education.
14. Education and Training to Reduce Statutory Rape
The Pennsylvania Department of Public Welfare will establish an initial Intergovernmental Agency Task Force to explore the best means of reducing statutory rape through education and training. This Task Force will then be expanded to include participants from stakeholders in the successful delivery of services including representatives from county agencies and local entities.
15. Identifying Domestic Violence
Pennsylvania is exercising the Federal TANF option to certify that it will screen for and identify victims of domestic violence. The Department of Public Welfare will work with the Pennsylvania Coalition Against Domestic Violence (PCADV), its statewide contractor providing services to victims of this abuse, to develop a program to screen for and identify domestic violence victims among TANF applicants and recipients. In general, this program will provide training for those who do intake of new clients for TANF so that appropriate and sensitive screening is done to identify individuals who are suffering, or have a history of, such abuse while maintaining their confidentiality to assure their safety. Those so identified will be referred to the extensive array of services available through the PCADV. Identification of domestic violence situations is also critical to the application of other TANF requirements, such as those related to time limits on the receipt of assistance and the determination of good cause for noncooperation with child support requirements or with employment and training requirements.
B. SPECIAL PROVISIONS
1. Families Entering Pennsylvania from Another State
When a family moves to Pennsylvania from another state and has resided in the State for less than 12 months, Pennsylvania will exercise the Federal TANF option to provide benefits based on the level provided by the former state, if less than Pennsylvania's monthly family size allowance (based on family size and applicable payment schedule).
2. Treatment of Noncitizens
Pennsylvania is exercising the option in Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to continue or to authorize TANF benefits for qualified aliens who arrived in the U.S. prior to August 22, 1996 and who meet all other eligibility requirements.
3. Delivery of Benefits
Pennsylvania continues to operate the TANF Program based on the rules, regulations and procedures for delivery of benefits in effect prior to implementation. Eligible recipients will receive continuing benefits in two semi-monthly cash payments delivered either by mail, bank delivery, or direct delivery to nonbank financial institutions.
During the fiscal year 1997-1998, Pennsylvania will exercise the option to implement a statewide electronic benefits transfer (EBT) system to replace its current paper-based welfare benefits issuance system. EBT is a state-of-the-art means for electronically issuing welfare recipient benefits through a statewide network of automatic teller machines (ATMs) and point-of-sale (POS) devices to electronically deliver cash assistance and food stamp benefits throughout the Commonwealth.
4. Right to Appeal
Pennsylvania will continue to follow the appeal and fair hearing regulations and procedures consistent with Title 55, Chapter 275.
5. Community Service Option
Pennsylvania will make a determination by August 22, 1997 whether or not to opt out of the provision to require a parent or caretaker to participate in community service if that parent or caretaker has received assistance for two months, is not exempt from work participation, and is not engaged in work.
CERTIFICATIONS The State will operate a program to provide Temporary Assistance for Needy Families (TANF) so that children may be cared for in their own homes or in the homes of relatives; to end dependence of needy parents on government benefits by promoting job preparation, work, and marriage; to prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and encourage the formation and maintenance of two-parent families.
This program is known as Temporary Assistance for Needy Families (TANF)
Executive Officer of the State: Governor Tom Ridge
In administering and operating a program which provides Temporary Assistance for Needy Families with minor children under title IV-A of the Social Security Act, the State certifies the following:
CERTIFICATION THAT THE STATE WILL OPERATE A CHILD SUPPORT ENFORCEMENT PROGRAM.
The Department of Public Welfare will operate a child support enforcement program under the approved Title IV-D State Plan.
CERTIFICATION THAT THE STATE WILL OPERATE A FOSTER CARE AND ADOPTION ASSISTANCE PROGRAM.
The Department of Public Welfare will operate, during the fiscal year, a foster care and adoption assistance program under the State plan approved under part E, and the State will take such actions as are necessary to ensure that children receiving assistance under such part are eligible for Medical Assistance under the State plan under Title XIX of the Social Security Act.
CERTIFICATION OF THE ADMINISTRATION OF THE PROGRAM.
The Department of Public Welfare will administer and supervise the program known as Temporary Assistance for Needy Families for the fiscal year. Local governments and private sector organizations will be consulted regarding the plan and design of welfare services in Pennsylvania so that services are provided in a manner appropriate to local populations; and these same local governments and private sector organizations will have had at least 45 days to submit comments on the plan and the design of such services.
CERTIFICATION THAT THE STATE WILL PROVIDE INDIANS WITH EQUITABLE ACCESS TO ASSISTANCE.
The Commonwealth of Pennsylvania, during the fiscal year, will provide each member of an Indian tribe, who resides in the State and is not eligible for assistance under a tribal family assistance plan approved under section 412, with equitable access to assistance under the State's TANF Program.
CERTIFICATION OF STANDARDS AND PROCEDURES TO ENSURE AGAINST PROGRAM FRAUD AND ABUSE.
The Commonwealth of Pennsylvania has established and is enforcing standards and procedures to ensure against program fraud and abuse, including standards and procedures concerning nepotism, conflicts of interest among individuals responsible for the administration and supervision of the State program, kickbacks, and the use of political patronage.
OPTIONAL CERTIFICATION OF STANDARDS AND PROCEDURES TO ENSURE THAT THE STATE WILL SCREEN FOR AND IDENTIFY DOMESTIC VIOLENCE.
The Department of Public Welfare will establish and enforce standards and procedures to:
* screen and identify individuals receiving assistance under this part with a history of domestic violence while maintaining the confidentiality of such individuals;
* refer such individuals to counseling and supportive services; and
* waive, pursuant to a determination of good cause, other program requirements such as time limits (for so long as necessary) for individuals receiving assistance, residency requirements, child support cooperation requirements, and family cap provisions, in cases where compliance with such requirements would make it more difficult for individuals receiving TANF assistance to escape domestic violence or unfairly penalize such individuals who are or have been victimized by such violence, or individuals who are at risk of further domestic violence.
FUNDING The information below is provided in accordance with the draft document entitled ''State Plan for Temporary Assistance for Needy Families Program'' developed by the Department of Health and Human Services, Administration for Children and Families.
Section 403(a)(1)(A) provides that each eligible State shall be entitled to receive for each of the fiscal years 1996 through 2002, a grant in an amount equal to the State family assistance grant as defined in section 403(a)(1)(B).
I. Payments to Agency Administering the TANF Program.
Please provide payment for the TANF Program to the same organization administering the AFDC/JOBS programs as of August 22, 1996.
II. State Payments for TANF Program
Payments for the TANF Program are to be made to the Pennsylvania Department of Public Welfare.
The Commonwealth of Pennsylvania's estimate for each quarter of the fiscal year by percentage is:
For FY 1997 1st
quarter2nd
quarter3rd
quarter4th
quarterNA 38% 37% 25% For FY 1998 and Future Years 1st
quarter2nd
quarter3rd
quarter4th
quarter25% 25% 25% 25%
[Pa.B. Doc. No. 97-89. Filed for public inspection January 17, 1997, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
