[27 Pa.B. 1092]
[Continued from previous Web Page]
SECTION A. THE FOLLOWING REQUIREMENTS APPLY TO THE TANF AND GA CASH ASSISTANCE PROGRAMS AND THE REQUIREMENTS IN PARAGRAPHS #2 AND #30 ALSO APPLY TO FOOD STAMPS: 1. 55 Pa. Code §§ 140.43(16), 140.62, 183.81(29), 183.901(b); Pub. L. 104-193, Title III, Section 302 (Social Security Act section 457); 62 P. S. § 432.7(g):
Act 1996-35 directed the Department to continue to pay support pass-through payments to assistance recipients as required by Federal law. Payment of the Support Pass-Through is no longer required under Federal law. There are no Departmental regulations that require payment of the Support Pass-Through. Instead, there are regulations requiring the disregard of the receipt of the first $50 per budget month of court-ordered or voluntary current support payments. Therefore, references in 55 Pa. Code to the disregard of the receipt of such payments for income eligibility purposes are deleted. Instead of disregarding the first $50 per month of child support, the new rules under TANF disregard 50 percent of all earned income each month as described in Section B-18 of this Notice of Rule Change.
2. 55 Pa. Code Chapter 165; 62 P. S. § 405.5; Pub. L. 104-193, Title I, Section 103 (Social Security Act section 404(a)(1)):
A Grant Diversion program is established whereby recipients who have not secured unsubsidized employment may be placed in subsidized employment with any employer approved by the Department. The Department may convert cash assistance and Food Stamp benefits of participating recipients and their dependents into wage subsidies for participating employers.
3. 55 Pa. Code § 151.43(f); Pub. L. 104-193, Title I, Section 103 (Social Security Act section 408(a)(1)):
TANF will be provided to a pregnant woman with no other children living with her from the date that she provides medical verification of the pregnancy and the child, when born, would be eligible for TANF based on the deprivation requirements at 55 Pa. Code Chapter 153.
4. 55 Pa. Code Chapter 165; 62 P. S. § 405.1(a.1); Pub. L. 104-193, Title I, Section 103 (Social Security Act section 404(a)(1)):
A program, known as the Road to Economic Self-sufficiency through Employment and Training (RESET), is established to enable recipients of cash assistance to secure permanent full-time unsubsidized jobs or entry level or part-time jobs that lead to economic independence and self-sufficiency.
5. 55 Pa. Code § 165.21(c); Pub. L. 104-193, Title I, Section 103 (Social Security Act section 407(b)(5)):
Exemptions from participation in RESET which are different from those in the previous program permit exemption of a single custodial parent caring for a child who has not attained 12 months of age for a maximum of 12 months in the parent's lifetime.
6. 55 Pa. Code § 165.31(f); Pub. L. 104-193, Title I, Section 103 (Social Security Act section 404(a)(1)):
A recipient who has an Employment Development Plan approved prior to the implementation date of TANF will be allowed to continue in the approved activity or activities until the activity is completed if the recipient is making satisfactory progress according to the standards of the provider or until the recipient otherwise ceases to participate, whichever occurs first.
7. 55 Pa. Code § 165.2; 62 P. S. § 405.3; Pub. L. 104-193, Title I, Section 103 (Social Security Act section 408(b)(2)(A)(I)):
The definition of the Employment Development Plan is revised to reflect that it will become part of the Agreement of Mutual Responsibility.
8. 55 Pa. Code § 165.11(a); 62 P. S. § 405.1(a.3); Pub. L. 104-193, Title I, Section 103 (Social Security Act section 404(a)(1)):
The requirements for verifying exemptions from employment and work-related activities are revised. An individual may be required to submit to an independent medical examination as a condition of receiving assistance.
9. 55 Pa. Code § 165.31(e); 62 P. S. § 405.1(a.2); Pub. L. 104-193, Title I, Section 103 (Social Security Act section 404(a)(1)):
The following criteria for approving self-initiated education or training are added: after 12 months of participation in vocational education, general education, English-as-a-Second-Language (ESL), or job skills training, a person must also fulfill the job search and work-related activity requirements; after 24 months of receipt of cash assistance, a person must also fulfill the 20-hour work requirement described in § 165.31 [Section A-28 of this Notice of Rule Change].
An exception applies to individuals between 18 and 22 years of age who have not earned a high school diploma or a certificate of high school equivalency who 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.
10. 55 Pa. Code § 165.51(a) and (b); 62 P. S. § 432.3(a); Pub. L. 104-193, Title I, Section 103 (Social Security Act section 404(a)(1)):
The conciliation process is revised to be consistent with Act 35 in determining whether an individual who fails to participate in the employment and training program (ETP) has good cause for failing to participate.
11. 55 Pa. Code § 175.24(f); 62 P. S. § 434:
Cash assistance for TANF recipients will be reduced by amounts obtained by cashing an assistance check at a gambling casino, racetrack, bingo hall, or other establishment which derives more than 50 percent of its gross revenues from gambling.
This requirement became effective in the GA program by a Notice of Rule Change published at 24 Pa.B. 2865, June 15, 1996, with an effective date of June 17, 1996 and, by this Notice, is effective under the TANF program.
12. 55 Pa. Code § 177.21(a)(2); 62 P. S. § 432.5(c)(4):
The full value of one vehicle per TANF or GA budget group will be exempt from consideration as a resource. The equity value of all other vehicles will be counted and applied toward the resource limit.
13. 55 Pa. Code §§ 125.1 and 133.23; 62 P. S. § 405.3(a), Pub. L. 104-193, Title I, Section 103 (Social Security Act section 408(b)):
Each applicant or recipient of cash assistance and other persons who are required to sign an application for assistance shall be required, as a condition of eligibility, to enter into a mutual agreement with the Department that will set forth the responsibilities and obligations to be undertaken by the recipient to achieve self-sufficiency, the time frames within which each obligation is to be completed, and the penalties for failure to comply with any one of the following obligations:
--Fulfill obligations for remaining free of alcohol and illegal drugs if substance abuse is determined to be a barrier to employment.
--Provide timely and accurate information; cooperate in the determination of paternity and enforcement of support; seek and participate in an educational program leading to a high school diploma or its equivalent, job training or work-related activities, and maintaining employment.
Any person who is required to sign an application for assistance and fails or refuses to enter into or cooperate in the completion of an Agreement of Mutual Responsibility shall be ineligible for assistance until the person completes and signs the agreement.
Penalties will be applied if the applicant or recipient fails to comply with the following:
--Failure to cooperate with child support requirements will result in the penalties described in § 141.21(e) [Section B-2 of this Notice of Rule Change].
--Failure to comply with employment and work-related requirements will result in the penalties described in §§ 165.61 and 165.71(b)[Section A-29 of this Notice of Rule Change].
14. 55 Pa. Code §§ 141.1(b)(5) and 153.44(d)(1)(vi); 62 P. S. § 432.3(a), (1), (2) and (b):
These 55 Pa. Code sections are being deleted because, when a disqualification occurs after an individual has received cash assistance for more than 24 months, the disqualification is imposed on the entire assistance group. The penalties for failure to comply with the RESET Program requirements are found at 55 Pa. Code § 165.61.
15. 55 Pa. Code § 141.21; 62 P. S. § 481(f):
An applicant or recipient who has been convicted of violating Section 481(a) of the Public Welfare Code, a crime commonly referred to as welfare fraud, is ineligible for cash assistance for a period of six months from the date of a first conviction, 12 months from the date of a second conviction, and permanently from the date of a third conviction.
This requirement became effective in the GA program by a Notice of Rule Change published at 24 Pa.B. 2865, June 15, 1996 with an effective date of June 17, 1996 and, by this Notice, is effective under the TANF Program.
16. 55 Pa. Code § 141.21; 62 P. S. § 432(9); Pub.L. 104-193, Title I, Section 103 (Social Security Act section 408(a)(9)(A)(ii)):
Cash assistance payments will not be made to persons who were sentenced for a felony or misdemeanor, who have not satisfied the penalty imposed by law by completing the period of incarceration and by paying of all fines, costs and restitution, or who are violating parole or probation. An exception is granted to a person who has been granted a pardon by the President of the United States.
This requirement became effective in the GA program by Notice of Rule Change published at 29 Pa.B. 545, March 2, 1996 and, by this Notice, is effective under the TANF Program. The definition of ''satisfied the penalty'' imposed by law was amended by Act 35 to include compliance with an approved plan for paying fines, costs, and restitution as an alternative to completion of payment.
This requirement became effective in the GA program by Notice of Rule Change published at 24 Pa.B. 2865, June 15, 1996, with an effective date of June 17, 1996 and, by this Notice, is effective under the TANF Program.
17. 55 Pa. Code § 141.21; 62 P. S. § 403(b); Pub.L. 104-193, Title I, Section 103 (Social Security Act section § 408(a)(9)):
Cash assistance payments will not be made to a person fleeing to avoid prosecution, or custody or confinement following conviction for a felony, or as felonies are classified in the state of New Jersey, a high misdemeanor.
18. 55 Pa. Code § 105.4(d); Pub.L. 104-193, Title I, Section 103 (Social Security Act section 408(a)(9)):
A Federal, State, or local law enforcement officer will have access to the address of a fugitive felon, parole or probation violator and the address of an individual who may have information that the officer needs to conduct his official duties if the officer provides a warrant or other court order which authorizes the officer to arrest an individual.
19. 55 Pa. Code § 141.21; 62 P. S. § 403(b); Pub.L. 104-193, Title I, Section 115:
Cash assistance payments will not be made to persons who were convicted on or after August 22, 1996, under Federal or State law, of a felony offense related to illegal possession, use, or distribution of a controlled substance.
20. 55 Pa. Code § 141.21; 62 P. S. § 403(b); Pub.L. 104-193, Title I, Section 103 (Social Security Act section 408(a)(8)):
Cash assistance payments will not be made to a person for ten years from the date of conviction, in a Federal or State court of fraudulent misrepresentation of residence in order to receive TANF, GA, MA, food stamps, or Supplemental Security Income in two or more states.
21. 55 Pa. Code Chapter 165; 62 P. S. § 405.5; Pub.L. 104-193, Title I, Section 103 (Social Security Act section 404(a)(1)):
A participant in Work Supplementation, known in Pennsylvania as Grant Diversion, may be assigned to fill any established, unfilled position vacancy.
22. 55 Pa. Code § 105.4(d); 62 P. S. §§ 414 and 432(9):
The Department of Public Welfare will exchange information with the Pennsylvania State Police and the Pennsylvania Board of Probation and Parole for purposes of identifying persons who have been sentenced for a felony or misdemeanor and have not satisfied the penalty imposed by law. The Pennsylvania State Police and Board of Probation and Parole will have access to the records of the Department's Assistance Recipient Identification Program (finger imaging file).
This requirement became effective in the GA program by Notice of Rule Change published at 9 Pa.B. 945, March 9, 1996 and, by this Notice, is effective under the TANF Program.
23. 55 Pa. Code §§ 141.41 and 141.61; 62 P. S. § 405.1(a.2)(1) and (2); Pub. L. 104-193, Title I, Section 103 (Social Security Act section 404(a)(1)):
A condition of eligibility is added to require nonexempt cash assistance recipients to seek employment, accept any offer of employment, and maintain employment. In addition, those who are not employed for an average of at least 20 hours per week must participate in a work-related activity as a condition of eligibility.
24. 55 Pa. Code § 165.1(a); 62 P. S. § 405.1; Pub.L. 104-193, Title I, Section 103 (Social Security Act section 404(a)(1)):
The Department of Public Welfare will no longer give priority to individuals within certain target populations who volunteer to participate in an employment or training program. All nonexempt recipients will be required to participate in RESET.
25. 55 Pa. Code § 165.21(c); 62 P. S. § 405.1 (a.3) (1), (2) and (3); Pub.L. 104-193, Title I, Section 103 (Social Security Act section 404(a)(1)):
Under the RESET program, the following exemptions from employment and training requirements are eliminated: persons age 60 and up, persons working at least 30 hours per week, remoteness, providing care to another ill or incapacitated household member, pregnancy, and Volunteers In Service To America (VISTA) volunteers. Other changes in the work-related eligibility criteria permit an exemption for providing care of a child under six years of age for whom child care arrangements are unavailable, revise the age exemption for children to under 18 years of age, redefine incapacity as a medically verified physical or mental disability which temporarily or permanently precludes any form of employment or work-related activity, and require persons who are temporarily disabled to pursue treatment.
26. 55 Pa. Code § 165.22; 62 P. S. § 405.1(a.4)(1), (2) and (3); Pub.L. 104-193, Title I, Section 103 (Social Security Act section 402(a)(1)(A)(ii)):
A new section is added to specify when a person who was formerly exempt is required to participate in work or a work-related activity. If the person was exempt due to a physical or mental disability and the condition ceases in the first 22 months that the person receives cash assistance, the person is required to participate immediately. If the condition ceases after the person has received cash assistance for 22 months or more, the person is required to participate within eight weeks. A person who is exempt for providing child care for a child under age six is required to participate as soon as alternate child care arrangements are available or when the child becomes six years of age. An individual under 18 years of age is required to participate upon becoming 18 years of age, attaining a high school diploma or certificate of high school equivalency, or ceasing to pursue a high school diploma or a certificate of high school equivalency.
27. 55 Pa. Code § 165.31; 62 P. S. § 405.1(a.2), (3) and (4); Pub.L. 104-193, Title I, Section 103 (Social Security Act section 404(a((1)):
The initial work-related activity is an independent job search for up to eight weeks required upon initial authorization of benefits or within eight weeks of the recipient's next redetermination of eligibility. Recipients who do not find employment during the initial eight-week job search will be required to participate in a work-related activity.
28. 55 Pa. Code § 165.31; 62 P. S. §§ 402 and 405.1(a.2)(5) and (6); Pub.L. 104-193, Title I, Section 103 (Social Security Act section 402(a)(1)(ii) and 407(d)):
After the initial eight-week job search, during the first 24 months of receiving assistance, an individual may fulfill the work-related activity requirement by participating in one or more of several approved activities. Those activities can include: subsidized employment, work experience, on-the-job training, community service, workfare, job search, job readiness/preparation activities, vocational educational training or job skills training. The approved activity also can include an employment and training program funded or approved by the Department that provides activities for a recipient to achieve rapid attachment to the work force, or that provides one-step access for the recipient to intensive case management, training, education, job readiness training, job search and individual job development that leads to job placement.
Vocational education, general education, English-as-a-Second-Language (ESL) study or job skills training can count as a work-related activity for a maximum of 12 months. The exception to this rule is that a recipient age 18 through 21 who does not have a high school diploma or its equivalent can fulfill the work-related activity requirement for a maximum of 24 months by pursuing a high school diploma or its equivalent.
After 24 months of receiving assistance, whether those months are consecutive or interrupted, the recipient must work, participate in subsidized employment, work experience, on-the-job training, community service or workfare for an average of at least 20 hours per week, as a condition of receiving cash assistance.
29. 55 Pa. Code § 165.61; 62 P. S. §§ 432.3(a)(1) and (2) and (b) and 165.71(b); Pub.L. 104-193, Title I, Section 103 (Social Security Act section 407(e)(1)):
During the first 24 months that an individual receives assistance, if he voluntarily reduces earnings by not fulfilling the 20-hour per week work requirement, without good cause, and he has not failed to comply with the work requirements in any other way, the sanction will be a reduction of the cash grant by an amount equal to the income that would have been earned if he had fulfilled the 20-hour per week work requirement.
For all other incidents of non-compliance with the work-related activity requirements, the person or family is disqualified as follows: for the first violation, a minimum of 30 days and thereafter until the person is willing to comply; for a second violation, a minimum of 60 days and thereafter until the person is willing to comply; for the third violation, permanent disqualification. An individual whose failure to comply results in a third sanction will not be notified of how to cure the sanction because the disqualification is permanent. The sanction is applied as follows: during the first 24 months, only the person who fails to comply is disqualified; after 24 months the entire assistance group is disqualified.
30. 55 Pa. Code § 501; 7 CFR 274.3; Pub.L. 104-193, Title VIII, Section 849 (Food Stamp Act of 1977, Section 16):
Food stamp benefits may be issued as a subsidy to the employer for households participating in a Work Supplementation Program, known in Pennsylvania as Grant Diversion.
31. 55 Pa. Code Chapter 177; 62 P. S. § 408.2; Pub.L. 104-193, Title I, Section 103 (Social Security Act section 404(h):
An Education Savings Account, known under TANF as an Individual Development Account (IDA), will be exempt from the eligibility determination and benefit calculation as long as the IDA is established to pay for post-secondary education expenses directly to an approved educational institution and the contributions are from earned income only.
This requirement became effective in the GA program under Act No. 1994-49 by a Notice of Rule Change published at 24 Pa. B. 4425, August 27, 1994, with an effective date of September 1, 1994; however, pursuant § 403(b), the Department must follow for GA TANF rules which restrict the account to savings from earned income to prevent a greater benefit to GA than under TANF.
32. 55 Pa. Code § 177.24(a)(1)(ii); 62 P. S. § 401(a), Pub.L. 104-193, Title I, Section 103 (Social Security Act sections 401(a) and 404(a)(1)):
This 55 Pa. Code section has been deleted because the face and cash surrender values of life insurance are excluded as resources.
33. 55 Pa. Code § 183.23; 62 P. S. § 401(a); Pub.L. 104-193, Title I, Section 103 (Social Security Act sections 401(a) and 404(a)(1)):
Income-in-kind for services rendered will be excluded from consideration in determining eligibility.
34. 55 Pa. Code § 177.22(b)(3); 62 P. S. § 401(a); Pub.L. 104-193, Title I, Section 103 (Social Security Act sections 401(a) and 404(a)(1)):
In cases where the family has been unable to sell nonresident property for reasons beyond their control, the nine-month time limit for disposing of such property will be extended for additional nine-month periods as long as the family is continuing to make a good faith effort to sell the property.
35. 55 Pa. Code § 177.21; 62 P. S. § 401(a), Pub.L. 104-193, Title I, Section 103 (Social Security Act sections 401(a) and 404(a)(1)):
Language has been added to clarify that all student financial assistance in the form of loans, grants, and scholarships continues to be excluded as a resource.
36. 55 Pa. Code § 183.38; 62 P. S. § 401(a); Pub. L. 104-193, Title I, Section 103 (Social Security Act sections 401(a) and 404(a)(1)):
All student financial assistance provided for educational expenses in the form of loans, grants and scholarships will be excluded as income, unless the assistance is provided solely to meet basic living needs.
37. 55 Pa. Code § 183.71; 62 P. S. § 401(a); Pub. L. 104-193, Title I, Section 103 (Social Security Act sections 401(a) and 404(a)(1)):
The gross earned and unearned income of a recipient will no longer be subject to the gross income eligibility limit (185 percent test).
SECTION B. THE FOLLOWING REQUIREMENTS APPLY TO THE TANF PROGRAM: 1. 55 Pa. Code § 101.1(a); Pub.L. 104-193, Title I, Section 103 (Social Security Act sections 401 through 419):
The Department will administer the Temporary Assistance for Needy Families program. All references to AFDC found within Title 55 as well as in Department Handbooks, Bulletins, and related materials are to be read and considered as applicable to TANF or to a TANF applicant or TANF recipient, unless doing so would be inconsistent with TANF requirements adopted pursuant to Federal Law, or this Notice of Rule Change.
2. 55 Pa. Code § 141.21(e); 62 P. S. §§ 403(b) and 432.7A; Pub.L. 104-193, Title I, Section 103, (Social Security Act section 408(a)(2)); 62 P. S. 432.7 A(b)(2) and (3):
Failure to cooperate in establishing paternity or securing a child support order, without good cause, will result in the removal of the applicant or recipient from the cash assistance grant and the imposition of protective payments for any child on whose behalf the applicant or recipient seeks assistance. If removal of the recipient from the grant does not reduce the family grant by a minimum of 25 percent, there will be an additional reduction so that the grant is reduced in an amount not less than 25 percent.
Determination of non-cooperation is the responsibility of the County Assistance Office, or Domestic Relations Section or Court.
The Courts are authorized to hold hearings to determine whether the applicant or recipient failed to cooperate without good cause. If the court determines that the failure to cooperate was without good cause, the court orders the Department to terminate assistance for the applicant or recipient. In addition, the Court is required to notify the Department to impose a protective payment. The protective payment will be equal to at least a 25 percent reduction in the grant as set forth above. In addition, the Department is required to send a confirming notice to the applicant or recipient concerning the imposition of the protective payment. Should the Court decide not to hold hearings on noncooperation, Court or Domestic Relations Section personnel shall be available to testify at any Departmental hearing concerning noncooperation where the Court or Domestic Relations Section made the finding of noncooperation. A finding of noncooperation by an applicant or recipient shall not affect an obligor's duty to pay support.
3. 55 Pa. Code § 141.21; Pub.L. 104-193, Title I, Section 103 (Social Security Act section 408(a)(1)(B)):
A family is ineligible for cash assistance payments if it includes an adult who has received 60 months of TANF cash assistance. Assistance received as an adult or as a minor child head of household or as a minor child married to the head of household counts toward the 60-month limit. Periods of receipt need not be consecutive to count toward the 60-month limit.
4. 55 Pa. Code § 141.42; Pub.L. 104-193, Title I, Section 103 (Social Security Act section 408(a)(1)):
A family is defined as a minor child and his parent(s) or other adult specified relative with whom he lives. A specified relative is considered a member of a family regardless of whether he is included in the TANF application or is applying only on behalf of the minor child.
5. 55 Pa. Code § 151.43(d); Pub.L. 104-193, Title I, Section 103 (Social Security Act section 408(a)(10)):
TANF may continue for minor children who are absent from or are expected to be temporarily absent from the home not more than 180 consecutive days.
A specified relative who fails to report within five days of the time it becomes clear that a minor child will be absent beyond the consecutive 180-day period will be ineligible for assistance for 30 days.
6. 55 Pa. Code §§ 141.41 and 145.43(a)(1)(ii); Pub.L. 104-193 Title I, Section 103 (Social Security Act section 419):
A minor child is defined as an individual who is under age 18 or age 18 and a full-time student in a secondary school or in the equivalent level of vocational or technical training.
7. 55 Pa. Code § 151.42; Pub.L. 104-193 Title I, Section 103 (Social Security Act section 408(a)(1)(A)(i)):
A specified relative is defined as an adult who is exercising responsibility for the care and control of the child by making and carrying out plans for support, education, and maintenance of the child and applying for assistance on behalf of the child. Exception: A minor parent may be designated the specified relative of her child although she does not meet the definition of an adult.
8. 55 Pa. Code § 151.42; Pub.L. 104-193 Title I, Section 103 (Social Security Act section 419):
An adult is defined as an individual over age 18 or age 18 and not a full-time student in a secondary school or in the equivalent level of vocational or technical training.
9. 55 Pa. Code § 147.23(a); 62 P. S. § 403(b), 432(5)(ii); Pub.L. 104-193 Title I, Section 103 (Social Security Act section 404(c)):
TANF cash assistance for applicants and recipients of TANF who have resided in Pennsylvania for less than 12 months shall not exceed the lesser of the maximum assistance payment that would have been received from the applicant's or recipient's state of prior residence or the family size allowance available to the applicant or recipient in Pennsylvania. If the applicant or recipient provides documentation that the move was necessary to escape an abusive situation, the Pennsylvania family size allowance will apply, not the prior state of residence allowance.
10. 55 Pa. Code §§ 125.1 and 133.23; 62 P. S. § 481.1:
TANF will be denied to an individual who, as a defendant, fails to appear at a criminal court proceeding when issued a summons or bench warrant.
This requirement became effective in the GA program by Notice of Rule Change published at 24 Pa.B. 2865, June 15, 1996, with an effective date of June 17, 1996 and, by this Notice, is effective under the TANF Program.
11. 55 Pa. Code §§ 168.11 and 168.15; 62 P. S. § 408(b):
Eligibility for Transitional Child Care (TCC) is expanded to include all former TANF recipients who are employed and cease to receive cash assistance for a reason other than a sanction or noncompliance with an eligibility condition.
12. 55 Pa. Code § 168.16; 62 P. S. § 408(b):
The 55 Pa. Code section at 168.16 is deleted to eliminate the requirement of receipt of AFDC in at least three of the six months immediately preceding the month AFDC payment is discontinued in order to qualify for TCC payments.
13. 55 Pa. Code § 187.23(a)(2); 62 P. S. § 432.7(b)(1):
The criteria for cooperation shall include, but is not limited to, taking the following actions: identifying the parents of any child for whom assistance is sought or received, including appearing for scheduled genetic testing with the child; keeping scheduled appointments with the Department or Domestic Relations Section (DRS); providing truthful and accurate information and documents requested by the Department or DRS; signing and returning any forms requested by the Department or DRS; appearing as a witness and providing testimony at judicial and other hearings as requested by the DRS; and paying to the Department any support payment received directly from an absent parent after an assignment of support has been made.
14. 55 Pa. Code § 187.23(a)(2); 62 P. S. § 432.6:
Prior to authorization, applicants for cash assistance will be required to appear before the DRS and to obtain from the DRS a certification that the applicant has cooperated in determining paternity and establishing support. Upon the request of a family court or DRS, the Secretary is authorized to waive the requirement of a personal appearance before a family court or DRS if another procedure would be as efficient and effective.
15. 55 Pa. Code §§ 187.23(a)(2) and 187.73; 62 P. S. § 432.7(b)(2):
The failure of the mother to identify the father by name shall create a presumption of noncooperation which may be rebutted only by clear and convincing evidence.
16. 55 Pa. Code § 187.22; 62 P. S. § 432.7(b)(3):
If the applicant or recipient provides the names of two putative fathers subsequently excluded from paternity by genetic testing, the second exclusion shall create a presumption of noncooperation which may be rebutted only by clear and convincing evidence.
17. 55 Pa. Code §§ 187.23(a)(5) and 187.73; 62 P. S. § 432.7(A)(b)(1):
Upon the determination of noncooperation, absent a finding of good cause, the County Assistance Office will remove the applicant or recipient from the grant and establish a protective payment for any child on whose behalf the applicant or recipient seeks assistance. If removal of the applicant or recipient from the grant does not reduce the family grant by a minimum of 25 percent, there will be an additional reduction so that the grant is reduced in an amount not less than 25 percent.
18. 55 Pa. Code §§ 183.94(a), 183.96 and 183.98(4); 62 P. S. § 432.12:
A continuous 50 percent disregard from the gross earned income of recipients replaces the monthly disregard of $90 per month deduction plus the time-limited $30 and one-third of the remainder. Applicants who have not received TANF in one of the four months prior to application must pass the standard of need test, set forth in 55 Pa. Code § 183.94(2)(iv), to receive the 50 percent disregard.
SECTION C. THE FOLLOWING CHANGES APPLY TO THE MA PROGRAM: 1. 55 Pa. Code § 141.71(b)(6) and (7); Pub.L. 104-193, Title I, Section 114 (Social Security Act section 1931(b)(1)(B)):
This subsection is being expanded to provide TANF-related NMP-MA to persons determined ineligible for TANF due to one of the following:
--An applicant group determined ineligible for TANF benefits due to elimination of the $50 child support disregard.
--A recipient group who has received TANF benefits and four months of extended medical assistance resulting from an increase in support.
2. 55 Pa. Code §§ 141.71(a) and 151.43(d); 42 U.S.C. § 1396a(a)(10)(A):
A minor child absent from the home more than 180 consecutive days is ineligible for NMP- MA. NMP-MA will not be granted to a specified relative who fails to report a child absent from the home within five days of the time it becomes clear that the minor child will be absent beyond the 180 consecutive-day period. Failure to report this change will result in ineligibility for NMP-MA for the specified relative for 30 days.
This change applies to TANF-related NMP-MA.
3. 55 Pa. Code § 140.421(2)(iv); 42 U.S.C. § 1396a(a)(10)(A):
Due to a TANF-related change which eliminated the time-limited earned income incentive, this subsection is deleted as an eligibility requirement for receipt of Extended Medical Coverage.
This change applies to TANF-related NMP-MA.
4. 55 Pa. Code § 181.251(a)(1)and(2); 42 U.S.C. § 1396a(a)(10)(A) and (C):
This subsection is being revised to eliminate the NMP-MA gross income test for TANF-related NMP-MA recipients.
5. 55 Pa. Code §§ 178.11(a)(4)(ii), 178.12(a)(5)(ii), 181.41(a)(4)(ii) and 181.42(a)(5)(ii); 42 U.S.C. § 1396a(a)(10)(A) and (C):
The definition of a minor child is revised to delete the graduation by age 19 requirement.
This change applies to TANF-related NMP-MA and MNO-MA.
6. 55 Pa. Code §§ 140.81(a)(1) and (2), 181.311(a)(1), (2) and (4); 42 U.S.C. § 1396a(a)(10)(A):
A continuous 50 percent disregard from the earned income of applicants and recipients replaces the $90 per month deduction plus the time-limited $30 and one-third of the remainder.
This change applies to TANF-related NMP-MA and Healthy Beginnings.
Applicants who have not received TANF in one of the four months prior to application must pass the applicant standard of need test to receive the 50 percent disregard for TANF-related NMP-MA.
7. 55 Pa. Code §§ 140.41, 140.65, 181.262 and 181.287; 42 U.S.C. § 1396a(a)(10)(A) and (C):
Student financial assistance provided for educational expenses is excluded as income. Any portion of the financial assistance designated solely for basic living needs such as housing and food is not excluded.
This change applies to TANF-related NMP-MA, MNO-MA and Healthy Beginnings.
8. 55 Pa. Code §§ 140.42(12), 140.53, 181.251(c)(3), 181.263(12), and 181.273; 62 P. S. §§ 403(b) and 441.1: 42 U.S.C. § 1396a(a)(10)(A) and (C):
Income-in-kind for services rendered is excluded from consideration in determining eligibility.
This change applies to TANF-related NMP-MA, MNO-MA, Healthy Beginnings, and GA-related MA.
9. 55 Pa. Code § 178.161(a)(12) and (14); 62 P. S. §§ 403(b) and 441.1:
The face and cash surrender values of life insurance are excluded as resources.
This change applies to GA-related MA.
10. 55 Pa. Code § 178.151(c); 62 P. S. §§ 403(b) and 441.1:
The time period for disposing of non-resident property is nine months with additional nine-month periods as long as the family is making a good faith effort to sell the property.
This change applies to GA-related MA.
11. 55 Pa. §§ 181.264 and 181.265; 62 P. S. §§ 403(b) and 441.1:
This 55 Pa. Code section has been revised because the first $50 per month of court-ordered and voluntary support payments received, excluding arrearages, is now counted as income.
This change applies to GA-related NMP-MA and MNO-MA.
12. 55 Pa. Code Chapter 178; 62 P. S. §§ 403(b) and 441.1:
Educational Savings Accounts are excluded if the contributions to the account are only from earned income.
This change applies to GA-related NMP-MA and MNO-MA.
Cash Grants Co. Administration New Directions Fiscal Note: 14-NRC-068. (1) General Fund;
(2) Implementing Year 1996-97 is$27,312,000 $688,000 $21,882,000; (3) 1st succeeding Year 1997-98 is $70,568,000 $913,000 $25,103,000; 2nd succeeding Year 1998-99 is $72,068,000 $913,000 $19,537,000; 3rd succeeding Year 1999-00 is $76,760,000 $913,000 $15,150,000; 4th succeeding Year 2000-01 is $76,750,000 $913,000 $9,038,000; 5th succeeding Year 2001-02 is $76,750,000 $913,000 $6,000,000; (4) Fiscal Year 1995-96 is $588,488,000 $38,889,000 $33,199,000; Fiscal Year 1994-95 is $674,822,000 $35,921,000 $32,513,000; Fiscal Year 1993-94 is $724,632,000 $36,099,000 $44,873,000; (7) Cash Grants; County Administration-Statewide; New Directions; (8) recommends adoption.
This regulatory action implements changes and additions to the Public Welfare Code as established by Act 1996-35 involving the elimination of the Aid to Families with Dependent Children (AFCD) program and replacing it with the Temporary Assistance for Needy Families (TANF) program.
The costs itemized above include additional job placement and training costs, increase in child care availability, increased supportive services and additional administrative costs. The cost estimates are reflected in the 1997-1998 Executive Budget with the exception of an additional $325,000 in the Cash Assistance appropriation for 1996-97 and $975,000 for 1997-98 and thereafter to provide for the elimination of the AFDC gross income test.
Offsetting the costs are savings estimated by the Department of Public Welfare as follows:
1996-97 $7,344,000 1997-98 $77,848,000 1998-99 $148,751,000 1999-00 $212,921,000 Savings are expected to continue at the 1999-00 level annually thereafter. All savings occur in the Cash Assistance appropriation. Savings related to the requirement that mothers identify the father of their child to receive benefits have not been included due to the unavailability of reliable data.
Certain regulatory provisions to the AFDC, General Assistance (GA) and Medical Assistance (MA) programs may have a minimal impact on MA benefits for certain recipients but because of inadequate data, the fiscal impact cannot be measured at this time.
[Pa.B. Doc. No. 97-317. Filed for public inspection February 28, 1997, 9:00 a.m.]
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