[31 Pa.B. 5875]
[Continued from previous Web Page]
Annex A
TITLE 55. PUBLIC WELFARE
PART II. PUBLIC ASSISTANCE MANUAL
Subpart A. ASSISTANCE POLICIES AND PROCEDURES
CHAPTER 105. SAFEGUARDING INFORMATION § 105.1. Policy.
* * * * * (c) General policy in the collection and use of information. General policy in the collection and use of information is as follows:
* * * * * (3) The Department will provide information to law enforcement officials as provided in § 105.4 (relating to procedures) and information on behalf of a client under the safeguards provided in this chapter, when this information relates to a service the individual is asking for himself, or one asked for on his behalf by someone he has requested to act for him, and when the service is related to the purpose and function of the public assistance program.
* * * * * § 105.3. Requirements.
* * * * * (g) Information may be released to law enforcement officials, and the State Police and the Board of Probation and Parole, in compliance with State and Federal law relating to release of information as provided in § 105.4 (relating to procedures).
§ 105.4. Procedures.
* * * * * (c) Release of information to law enforcement officials. For applicants and recipients of TANF and GA cash assistance, the Department will comply with the following:
(1) Provide to a Federal, State or local law enforcement officer 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 official duties if the location and apprehension of the recipient is within the official duties.
(2) Under section 414 of the Public Welfare Code (62 P. S. § 414), exchange information with the State Police and the Board of Probation and Parole to identify persons who have been sentenced for a felony or misdemeanor and have not satisfied the penalty imposed by law to ensure that cash assistance is not granted to those persons. The 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).
[(c)] (d) * * *
[(d)] (e) * * *
* * * * * [(e)] (f) * * *
* * * * *
Subpart B. INTAKE AND REDETERMINATION
CHAPTER 125. APPLICATION PROCESS
GENERAL PROVISIONS § 125.1. Policy.
* * * * * (f) Signing an agreement of mutual responsibility. Each applicant for cash assistance and other persons who are required to sign an application for assistance shall be required, as a condition of eligibility, to sign a specific, individualized Agreement of Mutual Responsibility (AMR) with the Department which includes the responsibilities and obligations to be undertaken by the applicant to achieve self-sufficiency, the time frames within which each obligation is to be completed and the penalties for failure to comply.
(1) The AMR shall be signed and approved by the CAO.
(2) An applicant shall comply with the following obligations, if applicable, as provided by statute, regulation or the applicant's AMR, including the following obligations:
(i) Remaining free of alcohol and illegal drugs if substance abuse is determined to be a barrier to employment.
(ii) 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.
(iii) Provide timely and accurate information.
(iv) Cooperate in establishing paternity and obtaining support as set forth in § 187.23 (relating to requirements).
(v) Seek and participate in an educational program leading to a high school diploma or its equivalent, job training or work-related activities under § 165.31(d) (relating to RESET participation requirements).
(vi) Seek, accept and maximize and maintain employment, accept referral to, participate in and continue to participate in an available work or work-related activity, whichever applies, including those specified on the AMR, and not reduce earnings under §§ 141.41(e), 141.61(a)(1), 165.1 and 165.31.
(3) A person who is required to sign an application for assistance and fails or refuses, without good cause, to sign or cooperate in the completion of an AMR shall be ineligible for cash assistance until the person completes and signs an application and approved AMR.
(4) Failure of the applicant to cooperate with child support requirements, without good cause, will result in the penalties described in § 141.21(e) (relating to policy) and willful failure to comply with work and work-related requirements, without good cause, will result in the penalties described in § 165.61 (relating to sanctions).
(g) [(f)] * * *
CHAPTER 133. REDETERMINING ELIGIBILITY
REDETERMINING ELIGIBILITY PROVISIONS FOR TANF/GA § 133.23. Requirements.
(a) Reapplication. A reapplication or complete redetermination of eligibility shall conform with the following:
(1) General requirements. General requirements are as follows:
(i) A complete redetermination is a comprehensive review of eligibility factors which are subject to change, to determine continued eligibility of the budget group members.
[(A) A determination that the total gross monthly income, excluding monthly assistance payments, of the budget group does not equal or exceed the appropriate income eligibility limit in § 183.71 (relating to gross income test) will be made prior to a redetermination of other eligibility and need factors described in this section.
(B)] * * *
* * * * * (vi) Each 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 sign an Agreement of Mutual Responsibility (AMR) that includes 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.
(A) The AMR shall be signed and approved by the CAO.
(B) A recipient shall comply with the following obligations, if applicable, as provided by statute, regulation or the recipient's AMR, including the following obligations:
(I) Remaining free of alcohol and illegal drugs if substance abuse is determined to be a barrier to employment.
(II) 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.
(III) Provide timely and accurate information.
(IV) Cooperate in establishing paternity and obtaining support as set forth in § 187.23 (relating to requirements).
(V) Seek and participate in an educational program leading to a high school diploma or its equivalent, job training, work or work-related activities under § 165.31(d) (relating to RESET participation requirements).
(VI) Seek, accept and maximize and maintain employment, accept referral to, participate in and continue to participate in an available and approved work or work-related activity, whichever applies, including those specified on the AMR, and not reduce earnings, under §§ 141.41(e), 141.61(a)(1), 165.1 and 165.31.
(C) A person who is required to sign an application for cash assistance and fails or refuses, without good cause, to sign or cooperate in the completion of an AMR shall be ineligible for cash assistance until the person completes and signs an approved AMR.
(D) Penalties will be applied if the recipient fails to comply with the following:
(I) Failure to cooperate with child support requirements, without good cause, will result in the penalties described in § 141.21(e) (relating to policy).
(II) A nonexempt recipient's willful failure to comply with work or work-related requirements, without good cause, will result in the penalties described in § 165.61 (relating to sanctions).
* * * * *
Subpart C. ELIGIBILITY REQUIREMENTS
CHAPTER 140. SPECIAL MA ELIGIBILITY PROVISIONS
Subchapter A. THE CATEGORICALLY NEEDY HEALTHY BEGINNINGS PROGRAM FOR PREGNANT WOMEN AND QUALIFIED CHILDREN
TYPES OF INCOME NOT COUNTED § 140.41. Educational loans and grants.
[The following types of educational loans and grants to students do not count as income when determining income eligibility:
(1) Federal loans and grants to undergraduate students made or insured under a program administered by the Secretary of the United States Department of Education.
(2) College Work Study Program (CWSP) earnings of undergraduate students.
(3) Educational assistance from the Veterans Administration only to the extent verified as used for educational expenses.
(4) Grants and scholarships or awards from colleges, schools, or from civic, fraternal and alumni organizations, only to the extent verified as used for educational expenses.] Federally-funded student financial assistance, including college work-study income, is excluded as income. All other student financial assistance provided for educational expenses in the form of loans, grants and scholarships is excluded as income, unless the assistance is provided solely to meet basic living needs.
EARNED INCOME COUNTED § 140.53. [Income-in-kind] (Reserved).
[Income-in-kind is shelter received by the applicant/recipient or family member in return for services rendered and is counted as earned income. The value of the income-in-kind is the difference between the amount of the monthly rent actually paid and the amount of monthly rent which the applicant/recipient or family member would have been charged if he had not rendered a service. The amount counted as income-in-kind may not exceed 1/3 of the Healthy Beginnings income limit for the recipient household.]
UNEARNED INCOME COUNTED § 140.65. Educational assistance.
[Educational assistance from scholarships, grants and loans not exempted in § 140.41 (relating to educational loans and grants) is counted as unearned income unless the applicant/recipient verifies that the educational assistance has been, or is being, used for tuition, mandatory fees, books related to the courses of study, or child care and transportation costs--if not residing in college housing and necessary for school attendance. If one payment of educational assistance covers more than 1 month, the amount not used for verified educational expenses is averaged over the period covered by the educational assistance] Federally-funded student financial assistance, including college work-study income, is excluded as income. All other student financial assistance provided for educational expenses in the form of loans, grants and scholarships is excluded as income, unless the assistance is provided solely to meet basic living needs.
INCOME DEDUCTIONS § 140.81. Deductions from earned income.
Each employed person in the Healthy Beginnings family whose income is used to determine the eligibility of the budget group is entitled to the following deductions from earned income, in the following order:
(1) Work expenses. The first $90 per month from the earned income of each person who is employed if the employed person or family member is not eligible to receive an earned income incentive deduction as described in paragraph (2) or if the $90 per month deduction is more advantageous to the applicant/recipient group.
(2) Earned income incentive deductions. [An incentive deduction to employed persons is made as follows:]
(i) [Subject to the treatment of interruptions in subparagraph (iv) and the limitation in subparagraph (v), each] Each employed person in the applicant/recipient group or family member is eligible to receive an earned income incentive deduction [of $30 plus 1/3 of the remainder of the earned income for 4 consecutive months after the deductions in paragraph (1)] if one of the following exists:
(A) The employed person is a recipient of Healthy Beginnings.
(B) The employed person has been a recipient of cash assistance, NMP-MA or MNO-MA in [an AFDC-related] a TANF-related category in [one] 1 of the 4 calendar months before the date of the application for Healthy Beginnings.
[(B)] (C) The employed person has been a recipient of NMP-MA or MNO-MA in a GA-related category with a child who was simultaneously a recipient of MA in [an AFDC-related] a TANF-related category in 1 of the 4 calendar months before the date of the application for Healthy Beginnings.
(ii) Each employed person in the applicant/ recipient group including a family member who meets one of the requirements in subparagraph (i) is eligible to receive a continuous 50% earned income incentive deduction or the first $90 per month work expense deduction from earned income and a $30 plus 1/3 remainder earned income incentive deduction per requirements in subparagraph (iii), whichever is most advantageous to the applicant/recipient group.
(iii) The application of the $30 plus 1/3 remainder earned income incentive deduction is treated as follows:
(A) The employed applicant/recipient or family member is eligible to receive the $30 plus 1/3 remainder earned income incentive deduction for 4 consecutive months if:
(I) Twelve consecutive months have elapsed since the employed applicant/recipient has been a recipient of Healthy Beginnings or the income of the individual has not been considered when determining the eligibility of the Healthy Beginnings recipient. The count of months begins with the first month following the month of termination for Healthy Beginnings regardless of whether the employed person received the entire 8 consecutive months of the $30 income incentive deduction described in clause (B).
(II) An applicant/recipient whose receipt of 4 consecutive months of the work incentive is interrupted due to loss of income or a decrease in income. The applicant/recipient is eligible for a new 4 consecutive month period.
[(ii) The $30 plus 1/3 income incentive deduction is not applied if income, after deductions for work and personal/dependent care expenses in paragraph (1), and unearned income, less appropriate deductions, is equal to, or less than 100% of the Federal Poverty Guidelines for the appropriate family size.
(iii)] (B) * * *
[(A)] (I) * * *
[(B)] (II) * * *
[(C)] (III) * * *
[(iv) An applicant/recipient whose receipt of 4 consecutive months of the work incentive is interrupted by loss of income or decrease in income is eligible for a new 4 consecutive month period.
(v) An employed person in the applicant/recipient group or family member who has received the $30 plus 1/3 income incentive deduction for 4 consecutive months is not entitled to receive the deduction until 12 consecutive months have elapsed during which the individual has not been a recipient of Healthy Beginnings or the income of the individual has not been considered when determining the eligibility of the Healthy Beginnings recipient. The count begins with the first month following the month of termination of benefits, regardless of whether the employed person received the entire 8 consecutive months of the $30 income incentive deduction.]
* * * * *
CHAPTER 141. GENERAL ELIGIBILITY PROVISIONS
GENERAL PROVISIONS § 141.1. Policy.
* * * * * (b) Type of assistance provided. A person may also be eligible for MA to cover health care costs. A person may be eligible for MA in addition to one of the [Cash Assistance Programs] cash assistance programs listed in subsection (a), or a person may be ineligible for [Cash Assistance] cash assistance but eligible for MA. This subpart contains the eligibility requirements and procedures for [AFDC] TANF and GA [Cash Assistance] cash assistance and MA. Policies and procedures governing SBP and SSI are contained in Chapters 297 and 451 (relating to Supplemental Security Income Program; and State Blind Pension). A person who meets the eligibility requirements of a particular type of assistance receives that type of assistance, except in the following circumstances:
* * * * * [(5) If a person qualifies as a specified relative as defined in § 151.42 of the only dependent child in the AFDC or AFDC-U budget group, the person continues to receive AFDC or AFDC-U during periods when the dependent child is under sanction due to noncompliance with Chapter 165 (relating to Employment and Training Program).]
ELIGIBILITY PROVISIONS FOR TANF/GA § 141.21. Policy.
* * * * * (e) [The caretaker/relative who refuses to cooperate in establishing paternity or securing support, except as provided under subsection (d)(1)(i), is ineligible for assistance. Assistance for the child will be provided in the form of protective payments as provided in Chapter 291 (relating to protective and vendor payments) to assure that the child received the benefit of the payment. Because county staff persons may be used as protective payees if necessary, there should be no instance in which a child is ineligible for assistance for lack of a protective payee] Failure to cooperate in establishing paternity or obtaining support, without good cause, will result in the reduction of the cash assistance allowance by 25%.
* * * * * (s) An applicant or recipient [of GA] who has been convicted of violating section 481(a) of the Public Welfare Code (62 P. S. § 481(a)), that is, has been convicted of securing or attempting to secure, or aiding or abetting or attempting to aid or abet any person in securing GA, TANF, MA or Federal food stamps by means of a willfully false statement or misrepresentation, or by impersonation or by willfully failing to disclose a material fact regarding eligibility either prior to or at the time of, or subsequent to the application for assistance is ineligible for [GA] cash assistance as follows:
* * * * * (t) [An applicant or recipient of TANF who has been convicted of violating section 481(a) of the Public Welfare Code, that is, has been convicted of securing TANF by means of a willfully false statement or misrepresentation, or by impersonation or by willfully failing to disclose a material fact regarding eligibility either prior to or at the time of, or subsequent to the application for TANF or GA is ineligible for TANF and GA as follows:
(1) For 6 months from the date of first conviction.
(2) For 12 months from the date of a second conviction.
(3) Permanently from the date of a third conviction.] An applicant or recipient is ineligible for assistance if he is a person who is 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.
(u) Cash assistance payments will not be made to a person for 10 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 SSI in two or more states.
ELIGIBILITY PROVISIONS FOR [AFDC] TANF § 141.41. Policy.
(a) Conditions of eligibility. To receive [AFDC] TANF the applicant or recipient shall meet appropriate eligibility conditions and follow the procedures in this title. The specific eligibility conditions for [AFDC] TANF are in this part or specified in this chapter:
* * * * * (e) As a condition of eligibility, nonexempt applicants and recipients are required to seek employment, accept any bona fide offer of employment and maximize and maintain employment as specified under §§ 165.1 and 165.31 (relating to general; and RESET participation requirements). Those nonexempt individuals who are not employed for an average of at least 20 hours per week shall accept referral to, participate in and continue to participate in an available and approved work or work-related activity, whichever is applicable, including those specified on the Agreement of Mutual Responsibility, as a condition of eligibility as specified under § 165.31. In addition, nonexempt individuals may not, without good cause, voluntarily terminate employment, reduce earnings or fail to apply for work.
(f) A family is ineligible for TANF cash assistance payments if it includes an adult who has received 60 months of TANF cash assistance.
(1) Assistance received as a minor child is not counted toward the 60-month limit.
(2) Assistance received as a minor child head of household or as a minor child married to the head of household counts toward the 60-month limit.
(3) Periods of receipt of TANF need not be consecutive to count toward the 60-month limit.
§ 141.42. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Budget group--One or more related or unrelated individuals who occupy a common residence or would occupy a common residence if they were not homeless and whose needs are considered together in determining eligibility for cash assistance under one category of assistance.
Cash assistance allowance--The monthly family size allowance, reduced by the net income of the budget group. The family size allowance is described under § 175.23(a) (relating to requirements).
Family--A minor child and his parent or adult specified relative, as defined in § 151.42 (relating to definitions) with whom the child lives. A specified relative is considered a member of a family regardless of whether the specified relative is included in the TANF application or is applying only on behalf of the minor child.
Minor child--An individual who has not attained 18 years of age, or who has not attained 19 years of age and who is a full-time student in a secondary school--or in the equivalent level of vocational or technical training.
* * * * *
ELIGIBILITY PROVISIONS FOR GA § 141.61. Policy.
(a) Conditions of eligibility. The following relates to eligibility for GA:
(1) A person is eligible for GA under the requirements established in subsection (d) and if the appropriate eligibility conditions in the following chapters are met:
* * * * * (xv) As a condition of eligibility, nonexempt GA applicants and recipients are required to seek employment, accept any bona fide offer of employment and maximize and maintain employment as specified under §§ 165.1 and 165.31 (relating to general; and RESET participation requirements). Those nonexempt individuals who are not employed for an average of at least 20 hours per week shall accept referral to, participate in and continue to participate in an available and approved work or work-related activity, whichever is applicable, including those specified on the Agreement of Mutual Responsibility, as a condition of eligibility, as specified under § 165.31. In addition, nonexempt individuals may not, without good cause, voluntarily terminate employment, reduce earnings or fail to apply for work.
* * * * *
ELIGIBILITY PROVISIONS FOR MA FOR THE CATEGORICALLY NEEDY § 141.71. Policy.
(a) Conditions of eligibility. To be eligible for MA, the person shall meet the appropriate conditions of eligibility in the following chapters:
* * * * * (10) Chapter 151 (relating to specified relatives).
(b) Nonmoney payment recipients. Title XIX of the Social Security Act (42 U.S.C.A. §§ 1396--1396q) provides that the benefits of the MA program available to money payment recipients shall be available to the following persons [:] described in paragraphs (1)--(5). The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the act of August 22, 1996 (Pub. L. No. 104-193, 110 Stat. 2105) provides that the benefits of the MA program are provided to persons described in paragraph (6):
* * * * * (6) Applicants/recipients determined ineligible for cash assistance due to the elimination of the $30 plus 1/3 remainder of the earned income incentive deduction for 4 consecutive months or the $90 work expense deduction, or both.
(7) The persons described in paragraphs (1)--[(5)] (6) will be designated as categorically needy--nonmoney payment recipients (NMP, Category Symbol P).
* * * * *
CHAPTER 145. AGE
AGE PROVISIONS FOR [AFDC] TANF § 145.43. Requirements.
(a) General. The following [will constitute] are the general [AFDC] TANF age requirements:
(1) The child shall conform with one of the following age requirements:
* * * * * (ii) Be under [age 19 if] 18 years of age or under 19 years of age and a full-time student in a secondary school or in the equivalent level of [a] vocational or technical [school and reasonably expected to complete the program before age 19] training.
* * * * *
CHAPTER 151. SPECIFIED RELATIVES
SPECIFIED RELATIVES PROVISIONS FOR
[AFDC] TANF
§ 151.42. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Adult--An individual who is 19 years of age or older or who is 18 years of age and not a full-time student in a secondary school or in the equivalent level of vocational or technical training.
Specified relative--[One] An adult or a minor parent who is exempt, under § 141.21(r) (relating to policy), from the requirements to live with an adult and who conforms with the following:
* * * * * § 151.43. Requirements.
* * * * * (d) Temporary absence of the child or relative. The temporary absence of either the child or the relative from his home will not affect the eligibility of the child for [AFDC] TANF under the following circumstances:
(1) The absence of the child is not more than or expected to be more than 180 consecutive days. A specified relative who fails to report within 5 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.
(2) The absence does not basically affect the responsibility of the relative for the care and control of the child. However, if the child is living in a school to which the relative has had to turn over control of the child, he will not be eligible for [AFDC] TANF.
[(2)] (3) * * *
(f) Pregnant women. A pregnant woman with no children or with children who are not receiving [AFDC] TANF may qualify for [AFDC] TANF for herself only as a specified relative if all of the following apply:
* * * * * (2) [Delivery is expected no later than 3 months after the month of payment.
(3)] The fetus, if born, would be eligible for [AFDC] TANF based on the criteria [set forth] in § 153.43(a) (relating to [AFDC] TANF deprivation of support or care requirements).
CHAPTER 153. DEPRIVATION OF SUPPORT OR CARE
DEPRIVATION OF SUPPORT OR CARE
PROVISIONS FOR [AFDC] TANF§ 153.42. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Cash assistance allowance--It is the monthly family size allowance, reduced by the net income of the budget group. The family size allowance is described under § 175.23(a) (relating to requirements).
* * * * * § 153.43. [AFDC] TANF deprivation of support or care requirements.
(a) General. If a child is living with both of his natural parents, the incapacity of either parent is the eligibility factor for [AFDC] TANF. If a child has been legally adopted, it is his lack of the support or care of the adoptive parent, and not of the natural parent, that is the eligibility factor for [AFDC] TANF. If a child is living with a parent and a stepparent, lack of support or care by the natural parent is the eligibility factor for [AFDC] TANF. Deprivation of support is not considered to exist in situations where the mother and the putative father of a child born out-of-wedlock are living together with the child and paternity has been established. For Public Assistance purposes this is an intact family. The CAO documents a putative father's claim of paternity for a child born out-of-wedlock who was born within this Commonwealth on an Acknowledgement of Paternity form (H105.181) under § 153.44(e)(1) (relating to procedures). In instances where the putative father claims paternity of a child who was born out-of-State, the CAO refers the putative father to the DRS to file a DRS Voluntary Statement of Paternity form in accord with § 153.44(e)(2). In situations where the putative father living with the child denies paternity, [AFDC] TANF may be established based on the absence of the child's legal parent if all other eligibility requirements are met. A child is considered deprived of parental support or care if at least one parent is one of the following:
* * * * * (d) Unemployment of the parent. The lack of parental support or care for the child because of unemployment refers to the employment status of the parent who is the principal wage earner. The unemployment of the principal wage earner parent, as defined in § 153.44(d) will establish the [AFDC-CU] TANF category for the needy child regardless of the extent to which the other parent is employed.
§ 153.44. Procedures.
(a) Absence from the home. The following procedures relate to absence from the home:
(1) [The Federal Social Security Act (42 U.S.C.A. § 602(a)(8)(D)(ii)) requires ''prompt notice to the State Support Collection Agency of the furnishing of AFDC in respect to a child who has been deserted or abandoned by a parent, including a child born out-of-wedlock without regard to whether paternity of such child has been established.''
(2) A child who has been ''deserted or abandoned by a parent'' means any child whose eligibility for AFDC is based on continued absence of the parent from the home.] ''Continued absence'' will be considered to exist whenever the parent is a convicted offender permitted to live at home while serving a court-imposed sentence by performing unpaid public work or unpaid community service during the workday.
[(3)] (2) When the eligibility of a child for [AFDC] TANF is based on deprivation due to ''continued absence'' the Application for Support Services form will be completed at the time assistance is authorized for the child and forwarded to the Bureau of Claim Settlement Child Support Liaison Agent assigned to the CAO for processing as set forth in paragraph (1). [See § 187.24(b)(2) (relating to procedures) for instructions on completion and distribution of the Application for Support Services form.
(4)] (3) * * *
[(5)] (4) * * *
[(6)] (5) * * *
* * * * * [(7)] (6) Whenever it is found that a parent is absent from the home, and not for one of the specific reasons listed in paragraph (6), there must be evidence, for purposes of eligibility for [AFDC] TANF, that temporarily or permanently he is not taking responsibility for the support, care or guidance of the child.
[(8)] (7) * * *
[(9)] (8) * * *
[(10)] (9) * * *
[(11)] (10) For requirements relating to establishing paternity and securing support [expected] from a putative father or from parents who are absent from the home [and for appropriate use of the court], see Chapter 187 (relating to support from relatives not living with the client).
(b) Locating absent parents. Procedures are as follows:
* * * * * (2) When a parent is absent from the home, the first step in exploring the resource that such parent represents to the [AFDC] TANF child or children will be to locate the parent. The purposes of location are to reunite the family where feasible, and to obtain support so far as possible.
(i) Referral to County Domestic Relations Section for support services. Referral to the Domestic Relations Section (DRS) will occur under the following circumstances:
(A) If the eligibility of a child for [AFDC] TANF is based on deprivation due to absence of a parent from the home, each applicant or recipient caretaker/relative with whom the child is living will be referred, prior to [the application interview] authorization, to the DRS as set forth in §[187.23(a)(1)(i)] 187.23(d) (relating to requirements).
* * * * * (C) If the [caretaker/relative] applicant/recipient fails to comply with cooperation requirements [, the Form PA 162-A (Advance Notice)] without good cause, an advance notice will be provided to the [client to initiate protective payment provisions] individual notifying him of a reduction in the cash assistance allowance by 25% effective 10 days from the date of the notice. At the expiration of the 10-day period, [assistance will then be continued for the AFDC child or children in the form of a protective payment as provided in Chapter 291 (relating to protective and vendor payments)] the CAO shall impose the cash assistance allowance reduction unless a timely appeal is filed in the case of a recipient.
* * * * * (c) Procedures relating to determining incapacity or impairment. The following procedures relate to the determination of incapacity or impairment:
(1) Incapacity. The incapacity must be proved. If the necessary data is not already available in the case record or from the parent, the County Office will help him, if he wants help, to get the necessary verification. If the services of a competent authority are not available without cost, the County Office will authorize a medical examination. If capacity of either parent cannot be determined from the available information, the County Office will make a preliminary decision regarding the incapacity. If the decision is that a parent appears to be incapacitated, and if the grant group meets the other [AFDC] TANF eligibility requirements, the County Office will authorize [AFDC] TANF presumptively as provided in Chapter 227 (relating to central office disbursement). When there is a question of incapacity, the client must cooperate with the County Office in providing verification of incapacity as a condition of eligibility for the family. To prove incapacity, there must be an impairment which is expected to last at least 30 days and is verified by competent medical information such as the following:
* * * * * (d) Procedures relating to the unemployed principal wage earner parent. The following procedures relate to unemployed parents determined to be the principal wage earner:
(1) General. The following is a general statement relating to the principal wage earner parent:
(i) The principal wage earner is an employable parent in a home in which both parents of a dependent child reside, who earned the greater amount of income in the 24-month period immediately preceding the month in which application for assistance is made. If both parents earned an identical amount of income in the 24-month period, the principal wage earner shall be that parent who earned the greater amount of income in the last 6 months of the 24-month period. If both parents earned an identical amount of income in the 6-month period, either parent may be designated the principal wage earner. The principal wage earner parent shall meet the conditions in this subparagraph on the effective date of the initial authorization as [AFDC-CU or AFDC] TANF. The conditions are as follows:
* * * * * (E) A nonexempt parent is enrolled in the [ETP] RESET as provided in Chapter 165 (relating to [employment and training program] road to economic self-sufficiency through employment and training (RESET) program).
* * * * * (ii) Unemployment is defined as: having no work, having part-time work or having ''on-the-job'' training in a project that is approved or recommended by the JS or the [ETP] RESET.
* * * * * (v) The family will be ineligible for [AFDC-CU] TANF with respect to any week for which the principal wage earner parent qualifies for unemployment compensation under an unemployment compensation law of a state or of the United States but refuses to apply for or accept the unemployment compensation.
[(vi) Both parents in the budget group will be ineligible for AFDC-U whenever a parent willfully fails to comply with ETP requirements. If the other parent agrees to participate in the ETP, the sanctions will only be imposed on the noncooperating parent.]
(2) Work record requirement. Eligibility for [AFDC-CU] TANF depends on the unemployed principal wage earner parent having had a work record. A work record shall be proved. To prove a work record, there shall be evidence that the principal wage earner parent meets one of the following conditions:
* * * * * (ii) The parent had worked for 6 or more calendar quarters in a 13-calendar quarter period ending within the 12-month period prior to the date of application. Activities as specified in clauses (D) and (E) may be used to qualify for no more than 4 of the required 6 calendar quarters. In a calendar quarter, which is defined as a period of 3 consecutive calendar months ending on March 31, June 30, September 30 or December 31, the parent shall have:
* * * * * (B) Participated in a community work and training program; which means programs of a constructive nature, encouraging the conservation of work skills and the development of new skills for individuals who have attained the age of 18 and are receiving [AFDC] TANF and under conditions which are designed to assure protection of the health and welfare of such individuals and the dependent children involved, or any other work and training program under governmental auspices.
(C) Participated in the Work Incentive Program before October 1, 1989, or in the ETP or RESET on or after October 1, 1989, while receiving AFDC or TANF.
* * * * * (3) Transfers between CU and C grant groups. Transfers between CU and C grant groups will be governed by the following:
(i) CU grant groups will be transferred to C if deprivation occurs for reasons other than the unemployment of the principal wage earner parent. Similarly, C grant groups will be transferred to CU if deprivation no longer exists except for the unemployment of the principal wage earner parent as set forth in § 153.43(d) (relating to [AFDC] TANF deprivation of support or care requirements).
* * * * * (e) Procedures relating to the Acknowledgment of Paternity form. In cases where assistance is requested/received on behalf of a child born out-of-wedlock, the CAO explores with the caretaker/relative the putative father's willingness to sign an Acknowledgment of Paternity form.
(1) For children born in this Commonwealth, the following procedures apply:
(i) The Acknowledgment of Paternity form [(H105.181)] is used to establish paternity of a child born out-of-wedlock in cases where assistance is requested/received on behalf of a child born out-of-wedlock and the putative father voluntarily consents to establishing a claim of paternity by signing the form. The following procedures apply:
(A) When the putative father establishes a claim of paternity by signing the form, the worker also obtains the mother's signature on the form [and both signatures on the completed Acknowledgement of Paternity form are notarized by the CAO. If the CAO does not have a notary, the CAO will give the Acknowledgement of Paternity form (H105.181) to the mother and putative father with instructions to have the form notarized and return it to the CAO]. To be valid, the signatures of the mother and putative father shall be witnessed by a third party. The third party may not be the mother or the putative father. The CAO forwards the [notarized] form to:
* * * * * (B) Upon completion and forwarding of the [notarized] form to the Parent Locator Service Section, the CAO considers the putative father as an LRR to the child. The CAO applies appropriate LRR regulations.
* * * * *
CHAPTER 165. [EMPLOYMENT AND TRAINING PROGRAM] ROAD TO ECONOMIC SELF-SUFFICIENCY THROUGH EMPLOYMENT AND TRAINING (RESET) PROGRAM
GENERAL RESET PROVISIONS § 165.1. General.
(a) A recipient who is not exempt shall be enrolled in the [ETP] Road to Economic Self-Sufficiency Through Employment and Training (RESET) Program. An exempt individual may volunteer to be enrolled in [the ETP] RESET. [A recipient] Applicants and recipients shall be informed of rights and responsibilities, services and benefits available to participants in the Program. [Enrollees may volunteer to participate in the ETP. Volunteers, whether exempt or nonexempt, will be given the highest priority for services to the extent that resources permit.] Nonexempt applicants shall agree to comply with the requirements of RESET and nonexempt recipients will be required to participate in RESET and to seek employment, accept any bona fide offer of employment and maximize and maintain employment as required by §§ 141.41, 141.61, 165.31 and 165.61. In addition, nonexempt recipients shall accept referral to, participate in and continue to participate in an available and approved work or work-related activity, whichever is applicable, including those specified on the AMR, as required in §§ 141.41, 141.61, 165.31 and 165.61. Nonexempt recipients also may not voluntarily terminate employment, reduce earnings or fail to apply for work, as required in §§ 141.41, 141.61, 165.31 and 165.61.
(b) [The ETP] The Department will provide Program participants, to the extent necessary, with case management and approved supportive services. In addition, participants will be provided with or referred to education, training and employment-related activities designed to break the cycle of welfare dependency. [The ETP] To the extent it deems possible, the Department will identify and promote resources in the public and private sectors that [will] may assist participants to prepare for and obtain employment in jobs they may realistically be expected to obtain.
§ 165.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
[EDP] AMR--[Employment Development Plan] Agreement of Mutual Responsibility--A noncontractual agreement completed by the [client] applicant/recipient and the [employment and training worker] Department which, among other things, establishes an individual employment goal with specific time frames and work and work-related activities to achieve the goal.
(i) The AMR, together with statutory and regulatory requirements, set forth work-related, work, and other requirements for cash assistance eligibility.
(ii) The AMR [and] describes services to be provided by the Department and the activities to be undertaken by the recipient.
(iii) The AMR may also contain agreements that are unrelated to RESET as described in § 125.1(f) (relating to policy).
Bona fide offer of employment--To be considered a bona fide offer of employment, there must be reasonable assurances that:
(i) Appropriate standards for the health, safety, minimum wage and other conditions applicable to the performance of work and training in the employment are established and will be maintained.
(ii) The employment will not result in any displacement of employed workers and with respect to that employment, the conditions of work, training, education and employment are reasonable in light of factors such as the type of work, geographical region, and proficiency of the participant.
(iii) The employment is not available due to a labor dispute, strike or lock-out.
[ETP--Employment and Training Program--A program operated by the Department consisting of one or more work, training, education, work experience or job search activities.]
Enrollment--The process used to designate that an individual is eligible to become a participant in [the ETP] RESET.
Exempt--Individuals who are not required to be enrolled in [the ETP] RESET.
* * * * * Grant diversion--The use of all or a portion of a recipient's cash assistance grant and food stamps as a wage supplement to an employer.
Maximize employment--The requirement to participate in as many hours of employment as may actually be available, up to full-time employment or self-sufficiency, if the individual reasonably can do so.
Noncompliance--The willful failure or refusal without good cause to comply with the requirements in this chapter.
[Nonexempt volunteer--A recipient who is not exempt from ETP enrollment and volunteers to participate in an ETP activity before being required to do so.]
* * * * * RESET--Road to Economic Self--Sufficiency Through Employment and Training--A program operated by the Department, within the constraints of available funds, to enable recipients of cash assistance to secure permanent full-time unsubsidized jobs, entry level jobs or part-time jobs which can establish a work history, preferably in the private sector, with wages and benefits that lead to economic independence and self-sufficiency as soon as practicable.
* * * * *
[VERIFICATION] § 165.11. [Verification of exemption] (Reserved).
[(a) The recipient is required to cooperate in providing necessary information and verification regarding exemption from enrollment in the ETP. The CAO will assist a person in obtaining verification when help is needed.
(b) Verification of an exemption consists of reasonably available documentation specified by the Department and includes documents containing the person's date of birth, such as birth certificates or baptismal records, pay stubs, written statements from physicians, licensed psychologists, chiropractors, school officials or employers that support the person's claim for an exemption. Failure to verify the claim for an exemption will result in the person being enrolled in the ETP unless the person has cooperated and verification is unavailable or unless it is clear that the person is exempt. A person will not be required to verify information that was previously verified and is not subject to change.]
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