[32 Pa.B. 4435]
[Continued from previous Web Page] § 105.3. Requirements.
(a) The records and files of the Department will be used only by those employees properly concerned with them in performing their duties. Case records and other information relating to a client will be forwarded to the State Office upon request. The use of information by county board members is governed by the same rules as govern employees.
(b) The use of information in the possession of the Department concerning applicants and recipients is restricted to purposes directly connected with the following:
(1) The administration of the public assistance programs of the Department. The purposes include establishing initial and continued eligibility, determining amount of assistance to be granted and providing services.
(2) An investigation, prosecution or criminal or civil proceeding conducted in connection with the administration of the programs.
(3) The administration of another Federal or Federally-assisted program which provides assistance, in cash or in-kind, or services directly to individuals on the basis of need.
(c) Disclosure to a committee or legislative body, whether Federal, State or local of information other than that specified in § 105.4(a)(1) (relating to procedures) is prohibited.
(d) Certification of the receipt of AFDC to an employer for the sole purpose of claiming tax credit under the Tax Reduction Act of 1975 (26 U.S.C.A. §§ 3, 11, 12, 21, 42--48, 50A, 50B, 56, 141, 214, 243, 535, 613, 613A, 703, 851, 901, 902, 951, 954, 955, 962, 993, 1034, 1551, 1561, 3402, 6012, 6096, 6201, 6401 and 6428) is considered to be for a purpose directly connected with the administration of the public assistance program. The employers tax credit has been extended through December 31, 1979 by the Tax Reform Act of 1976, Pub. L. No. 94-455, 90 Stat. 1520. Upon written request by the employer, the CAO will complete a PA 132 certifying that the client received assistance immediately prior to the date of hire and continuously for 90 days prior to the date of hire. In non-WIN counties, three signed copies are required; for the employer, county assistance office central file, and the the case record. In WIN counties, four signed copies are required; for the employer, county assistance office central file, case record and the local WIN office.
(e) When seeking additional information or proof from further sources, the Department will use only that information in its possession that is strictly relevant to the purpose. The basis for this use of information is that every client understands what is involved in determining eligibility and has, therefore, given consent to this use of information. Further reference should be made to § 121.1 (relating to policy).
(f) Information may be used to provide a service the client has asked for, or to answer inquiries made on the behalf of the client, if the Department has valid grounds for concluding that the client has asked the inquirer to act on his behalf. Information thus used must be strictly relevant to the particular service requested. In getting information for other agencies, the Department will tell the person interviewed that the information given will be sent to the inquiring agency.
(g) Information may be released to law enforcement officials, and the Pennsylvania 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.
§ 105.4. Procedures.
(a) Use and disclosure of information outside the Department. The Department will use information or disclose it to private individuals, officials or agencies outside the Department as set forth in the following:
(1) Provided that the information is not to be used for political or commercial purposes, the address and amount of assistance a person is currently receiving will be disclosed to an adult resident of this Commonwealth who asks for the information about a person. In releasing the information, the county office must be reasonably assured that the person is 21 years of age or older and a resident of this Commonwealth. The county office also will take the following steps:
(i) If the inquirer appears in person, the information in the ''Request'' section of Form PA 163, Request for Address and/or Amount of Assistance will be filled in, and the person making the request shall sign the form before the information is disclosed. The ''Reply'' section of the form will then be completed.
(ii) If the request is made by telephone and the inquirer is known to the person receiving the request and the inquirer knows about the restrictions on the use of information, the information will be given over the telephone. Otherwise, the inquirer will be advised to either come to the office or to make his request in writing. If information is given over the telephone, the person giving the information will prepare a Form PA 163 (Request for Address and/or Amount of Assistance) for file, showing the name of the person making the request.
(iii) If the information is requested by correspondence, the county office will prepare a reply in duplicate, always including in any reply that gives information the following excerpts from the Public Welfare Code (62 P. S. §§ 404 and 483):
Section 404: The department shall have the power to make and enforce regulations:(1) To protect the names of applicants for and recipients of public assistance from improper publication, and to restrict the use of information furnished to other agencies or persons to purposes connected with the administration of public assistance. Upon request by any adult resident of the Commonwealth, the department may furnish the address and amount of assistance with respect to persons about whom inquiry is made; but, information so obtained shall not be used for commercial or political purposes; and, no information shall be furnished regarding any person's application for, or receipt of, medical assistance.* * * * * Section 483 Penalties.--Any person knowingly violating any of the rules and regulations of the department made in accordance with the Article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine, not exceeding one hundred dollars ($100), or to undergo imprisonment, not exceeding six months, or both.(2) Information relating to the eligibility of a person for assistance obtained as a result of a request for information will be entered in the case record. The signed Form PA 163, Request for Address and/or Amount of Assistance, or the duplicate of the letter will be filed so as to make it as easy as possible to assemble information on these requests for the State Office when it asks for the information.
(b) Additional uses. Before use or disclosure of information as provided in this chapter, it is the responsibility of the Department to be reasonably assured that the use or disclosure is for a purpose connected with public assistance and the receiving agency or official will safeguard the information, will use it only for the purposes for which it was made available and has standards of protection equal to those of the Department on the use of information by staff, and on office equipment and procedures.
(1) Action by the Department to collect money due, or to protect welfare of certain clients. Information may be disclosed by the Department when necessary to carry out the regulations on recovering money due as set forth in Chapters 255 and 257 (relating to restitution; and reimbursement).
(2) Request by a public or private agency. At the request of a public or private agency that the individual has asked for services, information may be furnished to the agency if its objective is to protect or advance the welfare of the individual, and if the individual has given that agency specific consent to the release of specific information from the records of the Department.
(3) Judicial order (subpoena). Information may be disclosed on proper judicial order. If, however, a proper judicial order to disclose information other than as provided in subsection (a) is for a purpose not connected with the administration of the Department, the following steps will be taken:
(i) The Executive Director will send a memo to the Chief, Division of Claim Settlement, Harrisburg, Pennsylvania explaining the situation and asking for legal counsel. In an emergency, the Executive Director will telephone.
(ii) A staff member will appear in court with counsel.
(iii) The Department will plead, in support of its request to withhold information, that under the Public Welfare Code (62 P. S. §§ 101--1503), the rules of the Department prohibit the disclosure of information in records and files, including the names of clients, except as provided in subsection (a).
(iv) After the plea is made, the Department will be governed by the final order of the court.
(v) Immediately following the court proceedings, a complete report will be made to the Chief, Division of Claim Settlement, Harrisburg, Pennsylvania.
(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 or 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) Exchange information with the Pennsylvania State Police and the Board of Probation and Parole to identify individuals 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 individuals. 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).
(d) Names of SBP recipients. A request by an individual or organization for the names of SBP recipients, or for lists of the names, except as provided in this section, will be referred to the Bureau of Blindness and Visual Services Department of Public Welfare, Harrisburg, Pennsylvania. The files of the Bureau of Blindness and Visual Services contain the names of blind persons who are not recipients as well as those who are. The Bureau of Blindness and Visual Services is the agency authorized by law to collect data on the nature and extent of blindness in this Commonwealth. The Bureau of Blindness and Visual Services will determine the validity of a request for names of blind persons and will release appropriate names to those individuals or agencies that have a valid interest in blind persons.
(e) Mailing or distribution of materials. Procedures for mailing or distribution of materials will be as follows:
(1) Materials mailed or distributed to applicants, recipients or medical vendors will be limited to those which are directly related to the administration of the program. This will include materials enclosed in envelopes containing checks. Materials having political implication are prohibited from mailing or distribution to applicants, recipients or medical vendors. Specifically prohibited from mailing or distribution will be holiday greetings, general public announcements, voting information and alien registration notices.
(2) Mailing or distributing materials that are in the immediate interest of the health and welfare of applicants and recipients is permitted. The materials include announcements of free medical examinations, availability of surplus food and consumer protection information.
(3) Only the names of persons directly connected with the administration of the program will be contained in material mailed or distributed to applicants, recipients and vendors. The persons will be identified only in their official capacity with the Department.
(f) Making rules and regulations known. The provisions of this chapter, including the penalty for violation, will be:
(1) Distributed to every county board member and members of the appropriate State boards.
(2) Circulated to Department employees concerned with the administration of public assistance, called to the attention of every new employee and filed to be accessible to every employee.
(3) Made available to persons to whom public assistance information is given.
(4) Made available to interested persons.
Subpart B. INTAKE AND REDETERMINATION
CHAPTER 123. DEFINITIONS
TANF/GA INTAKE AND REDETERMINATION DEFINITIONS § 123.22. Definitions.
The following words and terms, when used in this chapter and Chapters 125, 133 and 141 (relating to application process; redetermining eligibility; and general eligibility provisions), have the following meanings, unless the context clearly indicates otherwise:
AMR--Agreement of mutual responsibility--
(i) A written individualized document that, based on an assessment of the individual's skills and abilities, sets forth the responsibilities and obligations to be undertaken by the individual to achieve self-sufficiency, including participation in approved work and work-related activities.
(ii) The term includes:
(A) The time frames within which each obligation is to be completed.
(B) The penalties for failure to comply.
(C) The services to be provided by the Department to support the individual's efforts.
Applicant--An individual who submits an application for cash assistance for himself or on behalf of another. The individual remains an applicant until a decision on eligibility or ineligibility is made.
Application--A signed form approved by the Department which contains the name and address of the applicant, unless the applicant is homeless, and is filed with the CAO. The applicant applying for himself or others shall sign and file the application for himself or through a representative authorized by guardianship or power of attorney. If an individual is unable to apply for himself, he may apply through an authorized representative or another person who has authority to act for him. An application will continue in effect until a decision on eligibility is made. The transfer of a budget group from GA to TANF is an application. The addition of a person who is not required to be a member of an existing budget group is an application.
Application interview--A face-to-face interview between an applicant and an eligibility worker which is scheduled within 13-calendar days after receipt of an application. The purpose of the application interview is to gather and record information and to secure verification needed to establish eligibility.
Authorization date of cash assistance--The date on which a decision of eligibility is made.
Inquiry--An inquiry differs from an application in that the person is seeking information only, and does not wish to file an application for cash assistance. When a person asks for cash assistance or some other service on behalf of a competent adult, the Department will consider the request an inquiry unless it is known that the person asking for cash assistance on behalf of another is doing so with the knowledge and consent of the latter.
Monthly assistance payment--The amount of money issued monthly that is based on the family size allowance plus, if applicable, a special need allowance, reduced by the net income of the budget group.
Reapplication--A completed, signed form approved by the Department which is filed with the CAO by a recipient and used for a complete redetermination of continued eligibility of a budget group.
Redetermination--A periodic review by a CAO worker of eligibility factors subject to change. If all factors subject to change are reviewed, the review is a complete redetermination, otherwise the review is a partial redetermination.
Screening interview--A face-to-face or telephone interview between the applicant and a CAO worker which includes a review of the filed application form to assure that information necessary to determine eligibility is provided on the form prior to determining a person ineligible or prior to scheduling an application interview.
CHAPTER 125. APPLICATION PROCESS
GENERAL PROVISIONS § 125.1. Policy.
(a) General. Application is made on an application form approved by the Department.
(b) Identification. At the application interview, an applicant shall present proof of identity using documents such as a Social Security Card, driver's license, selective service card, voter registration card, a Departmental identification card or a work or school I.D. If documentary proof of identification is not readily available, the worker shall attempt to verify the applicant's identity through a collateral contact. Examples of acceptable collateral contacts include social service agencies, landlords, employers, neighbors and others who can be expected to provide accurate third-party verification.
(c) Referral to the domestic relations section of the court. To receive benefits for himself, an applicant applying on behalf of a child whose eligibility is based on deprivation due to absence of a parent from the home shall be referred to the domestic relations section or other applicable division of the court of common pleas unless the applicant is claiming good cause as specified in Chapter 187 (relating to support from relatives not living with the client). The caretaker relative may still apply for and receive benefits for eligible minor children without completing the referral process.
(d) Signing of application form. Requirements for signing of an application form are as follows:
(1) The applicant, regardless of age, shall sign prior to filing the form and again during the application interview.
(2) Persons applied for who are 18 years of age or older and emancipated minors 17 years of age or younger shall sign during the application interview or within 30-calendar days from the date of authorization.
(3) Failure to sign shall result in the ineligibility of the person required to sign the form.
(e) Signing of authorization to release information form. Under § 201.4 (relating to procedures), the applicant or the person who is the payment name, regardless of age, and individuals applied for or receiving cash assistance who are 18 years of age or older and emancipated minors 17 years of age or younger shall sign the form. Failure to sign shall result in ineligibility of the person required to sign the form.
(f) Signing an agreement of mutual responsibility. Each applicant for and recipient of cash assistance and other individuals who are required to sign an application for assistance shall sign an AMR, as defined in §§ 123.22 and 165.2 (relating to definitions; and definitions) that shall be signed and approved by the CAO.
(g) Failure to sign or complete AMR. An individual who is required to sign an application for assistance who fails, without good cause, to sign or cooperate in the completion of an AMR is ineligible for cash assistance until the individual completes and signs an application and approved AMR.
(h) Failure to comply with AMR.
(1) Failure of the individual to cooperate with child support requirements, without good cause, will result in the penalties described in § 141.21(e) (relating to policy).
(2) Willful failure to comply with RESET participation requirements, without good cause, will result in the penalties described in § 165.61 (relating to sanctions).
(3) Failure to comply with other aspects of the AMR, without good cause, will result in ineligibility for cash assistance until the individual complies.
(i) Contents of AMR. An individual's obligations set forth in the AMR include:
(1) Remain free of alcohol and illegal drugs if substance abuse is determined to be a barrier to employment.
(2) Participate in, maintain compliance with, and satisfactorily complete a drug and alcohol treatment program approved by the Department of Health or administered by an agency of the Federal government, or both.
(3) Provide timely and accurate information.
(4) Cooperate in establishing paternity and obtaining support as specified in § 187.23 (relating to requirements).
(5) Seek and participate in an educational program leading to a high school diploma or its equivalent, job training or work-related activities.
(6) Seek, accept and maintain employment.
(7) Accept referral to, participate in and continue to participate in an available work-related activity, if applicable, including work-related activities specified on the AMR.
(8) Accept referral to, work in and retain employment in which the individual is able to engage and participate in work activities specified on the AMR.
(9) Not reduce earnings without good cause.
(10) Obtain prenatal care, if applicable.
(11) Maintain the health and well being of the individual's children, including the following, if applicable:
(i) Ensuring that children attend school and pursue a high school diploma or its equivalent.
(ii) Ensuring that children receive immunizations, appropriate health screenings and necessary medical treatment, consistent with Nationally recognized standards.
(iii) Performing other appropriate activities based on an assessment of the education level, parenting skills and history of parenting activities and involvement of each parent who is applying for assistance.
(j) Approved work and work-related activities. The specific work and work-related activities approved for the individual are included on the AMR.
(k) Notice. A notice approved by the Department is sent to the applicant whenever a decision is made on the eligibility of the applicant or person for whom he is applying.
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. When eligibility for assistance is based on deprivation of support due to the absence of a parent, each caretaker, as provided in § 141.21(c) (relating to policy), with whom the child is living shall comply with the support requirements in § 187.23 (relating to requirements) as a condition of continued eligibility of the caretaker for cash assistance.
(ii) A reapplication form approved by the Department shall be completed in its entirety by the payment name at each reapplication interview.
(iii) The client, regardless of age, who is the payment name for the budget group shall complete and sign the reapplication form prior to or during the reapplication interview and provide the information necessary for the completion of the redetermination as a condition of continued eligibility for cash assistance. Recipients who are 18 years of age or older and emancipated minors 17 years of age or younger shall sign the reapplication form during the reapplication interview or within 15 working days of the interview date. Failure to sign shall result in ineligibility of the person required to sign the form.
(iv) The client shall consent to the disclosure of information by third parties to the CAO for the purpose of verifying the client's residence, citizenship, employment, applications for employment, income and resources as a condition of the client's continued eligibility for assistance under verification procedures in § 201.4 (relating to procedures).
(v) A complete redetermination is required as often as appropriate to the individual budget but at least as frequently as the following:
(A) Every 6 months for TANF budgets not required to report monthly.
(B) Every 12 months for TANF budgets required to monthly report.
(C) Every 12 months for GA budgets.
(vi) The worker and the recipient or other individual will review and assess the progress in achieving self-sufficiency, including compliance with the responsibilities and obligations contained in the existing AMR. As necessary, the AMR will be modified.
(vii) A recipient or other individual who signs a new or modified AMR that is approved by the Department will comply with the obligations and responsibilities including approved work and work-related activities specified on the AMR in accordance with § 125.1(i) (relating to policy).
(viii) A recipient or other individual who fails or refuses, without good cause, to sign or cooperate in the completion of an AMR or who fails, without good cause, to comply with the AMR shall be subject to the penalties described in § 125.1(g) and (h).
(2) Items subject to review. A redetermination shall conform with the following:
(i) Within the established limits, the decision on how often to redetermine eligibility will vary with a budget depending upon the possibility of change in eligibility.
(ii) In the redetermination of eligibility, the worker shall make a finding as to whether the client who is the payment name wants assistance to continue, what plans the client may have or be developing for self-support or self-care and when the plans may mature. This redetermination shall include at least one interview with the person who is the payment name for the budget group. If the client wants assistance continued, the worker shall redetermine those eligibility factors which are subject to change. The redetermination shall include a review of the need and resource items and verification of items subject to change:
(A) Household and family composition.
(B) Income, earned and nonearned, including income-in-kind.
(C) Income expense deductions.
(D) Assets.
(E) Special need items.
(F) Employability status.
(G) Activity in seeking work or training.
(H) Employment and training program participation status.
(I) Prior applications for Social Security numbers if not yet reported to the CAO.
(J) Plans for the continuing care of a TANF child who is temporarily not residing with a specified relative.
(K) Income of individuals residing with the budget group, income of an LRR residing elsewhere and income of sponsors of aliens as determined under §§ 183.34, 183.35 and 183.91--183.93, if applicable.
(L) Criteria that establish GA categorical eligibility.
(3) Verification. Requirements for reapplication are as follows:
(i) For TANF and GA budget groups, verification of the items of need and resources in paragraph (2) is required at the time of reapplication. The maximum time lapse for the client to provide needed verification is 15 working days following the reapplication interview, except for verification of incapacity or disability. Verification of incapacity or disability shall be provided within 30-calendar days following the reapplication interview. If the client is cooperating in the verification attempt and the delay in securing the information is due to a third party, assistance will continue until documentation is secured. Cooperation and progress on securing the documentation shall be reassessed every 30-calendar days. As a condition of eligibility for assistance, the recipient shall give consent to the CAO worker to contact third parties to secure verification of the eligibility factors in paragraph (1)(iv). Except in cases of suspected fraud, the CAO worker shall attempt to notify the client prior to contacting a collateral source for the purpose of verifying information about the client under verification procedures in § 201.4.
(ii) Verification of the individual client's accumulated personal property, including exempt property, as set forth in § 177.21 (relating to personal property), is required at reapplication. The current value of nonexempted personal property, as set forth in § 177.24(1) (relating to determining value of resources), shall be verified at each reapplication.
(iii) Those factors of eligibility already verified and not likely to change, such as birthdate, may not be reviewed unless there is something to indicate that a change may take place or has taken place. Social service needs and plans shall be reevaluated. The worker shall discuss with the client plans for the next interview and the client's responsibility to report changes.
(b) Partial redetermination. Partial redetermination procedures are as follows:
(1) A partial redetermination is a review that focuses on specific eligibility factors and need and resource items. A partial redetermination is required as frequently as indicated by the budget group circumstances, and is always conducted if previously unreported income is first discovered by a quarterly wage match. When the partial redetermination focuses on address changes or a change in income or resources, a face-to-face interview is not required if, in the judgment of the worker, the credibility and reliability of the client are such that the client's statements may be accepted. In these instances, the redetermination may be made by telephone or correspondence. If the redetermination is made by telephone or correspondence, verification shall be submitted subsequently by the client.
(2) A partial redetermination for budget groups in which there is an employable person shall focus on employment, employment efforts, income and resources. A partial redetermination relating to employment and employment efforts requires a personal interview which can be conducted by telephone. A face-to-face interview is not required.
(3) However, when the partial redetermination involves a loss or decrease in income in which a monthly assistance payment increase is requested or indicated, verification of the change in income is required. If verification is not available immediately, the monthly assistance payment may be increased without verification only if facts presented by the payment name are consistent and reasonable and a definite plan is made to obtain the needed verification. A monthly assistance payment increase without verification of the change in income is made only with the approval of a supervisor. The maximum lapse of time to obtain the verification is no more than 15 working days following the effective date of the monthly assistance payment increase.
(4) In addition to the provisions of this section, action will be taken promptly, but within 10-calendar days, in all cases to review pertinent eligibility factors if one of the following occurs:
(i) The client or someone on his behalf reports changes in circumstances to the agency or requests a special need allowance.
(ii) The agency learns of changes from a responsible source or the worker himself knows a change was anticipated.
(iii) Changes in the regulations of the Department make a redetermination necessary.
(iv) The payment name or someone on his behalf requests the addition of a mandatory budget group member, other than a newborn child, to the budget group. The payment name shall complete and sign a form approved by the Department and provide information only on the individual being added and on changes, financial or nonfinancial, in the budget group's circumstances. The added member, other than a newborn child, shall comply with § 201.4(a)(2)(ii).
(v) The addition of a newborn child to an open budget group as follows:
(A) Cash assistance benefits for a newborn child whose caretaker/relative is an open budget group will be authorized effective with the date of birth based solely on the notification of birth if notification occurs during the grace period. The grace period begins with the date of the child's birth and ends on the first day of the second month following the month of the child's birth or the mother's release from the hospital, whichever is later. Notification of birth includes an oral or written statement, by the caretaker/relative or a representative, made to the CAO, that the child has been born, or receipt by the CAO of the MA newborn eligibility form for the child.
(B) The CAO shall follow the common application system procedures when adding a newborn child to a cash budget group. The caretaker/relative shall file an updated common application form regarding the child and comply with necessary eligibility factors related to the child's eligibility by the end of the grace period. If the caretaker/relative fails to meet the deadline date to file the form and comply with the necessary eligibility factors related to the child's eligibility, benefits will be terminated with an advance notice.
(C) If the CAO has not been notified of the newborn child's birth by the end of the grace period, benefits for the child will be authorized effective with the date that the child is determined to be eligible, but no later than 15-calendar days after a common application form has been filed and a partial redetermination completed.
(D) Underpayments caused by administrative errors concerning newborn children's eligibility will be corrected in accordance with § 227.24(d)(1)(ii)(A)(IV) (relating to procedures).
(c) Redetermination contacts. Redetermination contacts with the client may be in the home or in the office, depending on the preference of the client. Office and home visits shall be scheduled with the client. It may not always be possible to plan a visit so that home visits to the client without notice may be occasionally necessary; for example, when substantiating information is required and urgent to determine the continued eligibility of the client. Home visits shall always be made in accord with the principle of the Department respecting the right of the client to privacy and personal dignity as set forth in § 121.1 (relating to policy).
(d) Controls for redeterminations. To carry out the function of redetermining eligibility, a central control of necessary future actions is maintained to provide a method whereby reasonably predictable changes in the total caseload can be acted on within appropriate time limits.
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, grants and work-study income.
The following do not count as income:
(1) Educational assistance in the form of loans, grants and scholarships.
(2) Work-study income.
EARNED INCOME COUNTED § 140.53. (Reserved).
UNEARNED INCOME COUNTED § 140.65. (Reserved).
INCOME DEDUCTIONS § 140.81. Deductions from earned income.
Each employed individual 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 individual who is employed if the employed individual 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 or recipient group.
(2) Earned income incentive deductions.
(i) Each employed individual in the applicant or recipient group or family member is eligible to receive an earned income incentive deduction if one of the following exists:
(A) The employed individual is a recipient of Healthy Beginnings.
(B) The employed individual has been a recipient of cash assistance, NMP-MA or MNO-MA in a TANF-related category in 1 of the 4 calendar months before the date of the application for Healthy Beginnings.
(C) The employed individual 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 a TANF-related category in 1 of the 4 calendar months before the date of the application for Healthy Beginnings.
(ii) Each employed individual in the applicant or 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 or recipient group.
(iii) The application of the $30 plus 1/3 remainder earned income incentive deduction is treated as follows:
(A) The employed applicant or 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 or 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 applicant or recipient received the entire 8 consecutive months of the $30 income incentive deduction described in clause (B).
(II) An applicant or 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 or recipient is eligible for a new 4 consecutive month period.
(B) Each employed person in the applicant/recipient group who received 4 months of the $30 plus 1/3 income incentive deduction is eligible for an income deduction of $30 per month during the next 8 consecutive months. The application of the $30 incentive is treated as follows:
(I) The applicant/recipient is entitled to the $30 income incentive deduction during any month of the 8-month period for which the income of the applicant/recipient is sufficient to qualify.
(II) The 8 months of eligibility for the $30 income incentive deduction begins with the month following the end of the 4 consecutive calendar months of the $30 and 1/3 income incentive deduction.
(III) The 8 months of eligibility are counted consecutively, whether or not Healthy Beginnings is interrupted or income is sufficient to qualify for it.
(3) Dependent care expenses. The actual work-related cost of care of dependent or incapacitated persons living in the home of the applicant/recipient or family member, if no other sound plan can be made for their care, up to a maximum of:
(i) One hundred seventy-five dollars per month per child 2 years of age or older or incapacitated person when the applicant/recipient or family member is employed full-time.
(ii) One hundred fifty dollars per month per child 2 years of age or older or incapacitated person when the applicant/recipient or family member is employed part-time.
(iii) Two hundred dollars per month per child under age 2 regardless of whether the applicant/recipient or family member is employed full-time or part-time.
CHAPTER 141. GENERAL ELIGIBILITY PROVISIONS
GENERAL PROVISIONS § 141.1. Policy.
(a) Types of assistance available. A person in this Commonwealth who is in need may be eligible for one of the following kinds of cash assistance. However, a person may not receive concurrently more than one of the four following categories of cash assistance:
(1) TANF in one of its several forms.
(2) GA.
(3) SBP.
(4) SSI.
(b) Type of assistance provided. An individual may also be eligible for MA to cover health care costs. An individual may be eligible for MA in addition to one of the cash assistance programs in subsection (a), or an individual may be ineligible for cash assistance but eligible for MA. This subpart contains the eligibility requirements and procedures for TANF and GA 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). An individual who meets the eligibility requirements of a particular type of assistance receives that type of assistance, except in the following circumstances:
(1) If the person meets the eligibility requirements for GA, but is included in a TANF grant group as set forth in § 171.21(b) (relating to policy).
(2) If the person is a blind person as defined in Chapter 451 but chooses to apply for a type of assistance other than SBP.
(3) If a person meets the eligibility requirements of SBP as well as any other type of assistance, the person receives SBP, if he chooses to apply for SBP.
(4) If a person qualifies as a specified relative as defined in § 151.42 (relating to definitions) of a child who would be eligible for TANF but who is receiving SSI, the person cannot receive GA. The person must receive TANF or SBP.
ELIGIBILITY PROVISIONS FOR TANF/GA § 141.21. Policy.
* * * * * (e) Failure to cooperate in establishing paternity or obtaining support, as specified in § 187.23 (relating to requirements), without good cause, will result in the reduction of the cash assistance allowance by 25%.
* * * * * (s) An applicant or recipient 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 individual 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 before or at the time of, or subsequent to the application for assistance is ineligible for cash assistance as follows:
(1) For 6 months from the date of first conviction.
(2) For 12 months from the date of second conviction.
(3) Permanently from the date of a third conviction.
(t) An applicant or recipient is ineligible for assistance if the individual 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 an individual for 10 years from the date of conviction, in a Federal or State court, of fraudulent misrepresentation of residence to receive TANF, GA, MA, Food Stamps or SSI in two or more states.
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