[32 Pa.B. 4435]
[Continued from previous Web Page]
ELIGIBILITY PROVISIONS FOR TANF § 141.41. Policy.
(a) Conditions of eligibility. To receive TANF, the applicant or recipient shall meet appropriate eligibility conditions and follow the procedures in this title. The specific eligibility conditions for TANF are in this part or specified in this chapter:
(1) Chapter 145 (relating to age).
(2) Chapter 147 (relating to residence).
(3) Chapter 149 (relating to citizenship and alienage).
(4) Chapter 151 (relating to specified relatives).
(5) Chapter 153 (relating to deprivation of support or care).
(6) Chapter 161 (relating to persons in institutions).
(7) Chapter 163 (relating to guardians and trustees).
(8) Chapter 165 (relating to Employment and Training Program).
(9) Chapter 177 (relating to resources).
(10) Chapters 125 and 127 (relating to application process; and reserved).
(11) Chapter 255 (relating to restitution).
(12) Chapter 257 (relating to reimbursement).
(b) Social Security number required. A Social Security number is required for family members for whom assistance is to be granted or is being received. If a Social Security number is needed and no application has been made, it is the responsibility of the CAO to complete and submit the SSA5 application form.
(c) Strikers. Requirements relating to persons on strike are as follows:
(1) An applicant who is on strike on the last day of the calendar month preceding the month of application is ineligible for assistance as follows:
(i) If the person on strike is the natural or adoptive parent, assistance is denied to the entire assistance unit during the period of the strike, regardless of whether the parent is included in the application for assistance.
(ii) If the person on strike is not the natural or adoptive parent, assistance is denied to that individual only during the period of the strike. If the person on strike is the only dependent child, the assistance unit is ineligible for AFDC.
(2) A recipient who is on strike on the last day of the calendar month for which payment has been made to the assistance unit is ineligible for assistance as follows:
(i) If the person on strike is a natural or adoptive parent, regardless of whether the parent is included in the assistance grant, the grant is recovered since the assistance unit is ineligible for AFDC assistance for that month and subsequent months when the caretaker relative is participating in the strike.
(ii) If another individual, who is not a natural or adoptive parent is participating in a strike, that individual's needs are not used for determining the grant group's need for assistance for that month and shall be recovered. The individual is not eligible for TANF assistance in subsequent months when the individual is participating in the strike. If the individual is the only dependent child of the famiy, the entire grant is recovered as the family is ineligible for TANF assistance for that month and subsequent months when the individual is participating in the strike.
(iii) Assistance shall be terminated for the first payment month whose deadline can be met if it is anticipated that the strike will continue through the last day of the next calendar month. If the strike ends during a month in which assistance was not received due to participation in the strike the corrective payment provision of § 175.23(b)(l)(v) (relating to requirements) shall be applied.
(d) Time limits. An eligible family may receive TANF assistance for a maximum of 60 months subject to the following conditions and exceptions:
(1) A family is ineligible for TANF assistance if it includes an adult head of household or spouse of head of household who has received 60 months of TANF assistance.
(2) Under this subsection, a family does not include a specified relative who is not included in the TANF mandatory filing unit as specified in § 171.21 (relating to policy) and is seeking TANF assistance only for the minor child.
(3) TANF assistance received as a minor child does not count towards the 60-month limit except TANF received as a minor child head of household or as a minor child married to the head of household.
(4) Periods during which TANF assistance is received need not be consecutive to count towards the 60-month limit.
(5) Nothing in this subsection precludes the Department from providing TANF assistance to a family which does not count towards or may extend beyond the 60-month time limit.
(6) The following are not considered TANF ''assistance received'' in calculating an individual's 60 months of TANF eligibility:
(i) A period of zero cash issuance.
(ii) Assistance which has been fully reimbursed.
(iii) Assistance repaid due to collection of an overpayment.
(iv) Benefits issued but not received by the individual and the benefits are not replaced.
(v) A period when an individual or budget group is under sanction and, as a result, no assistance benefits are issued.
(vi) An emergency shelter allowance (ESA) payment.
(vii) A period of interim benefits received under § 275.4(d) (relating to procedures) when a final decision has not been handed down by the Bureau of Hearings and Appeals within the appropriate time limit and the budget group's appeal is eventually denied.
(7) Nothing in this subsection will be interpreted as requiring the Department to provide or continue to provide TANF assistance which does not count toward or may extend beyond the 60-month limit.
(8) Time-out benefits provided under Chapter 281 (relating to time-out benefits) are not counted towards the 60-month time limit.
§ 141.42. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Adult-supervised supportive living arrangement--A private family setting providing a supportive and supervised living arrangement or other living arrangement, including a private institution, such as a maternity home or a second-chance home, in accordance with § 161.23 (relating to requirements), that:
(i) If subject to approval, is approved in one of two ways:
(A) If a private family setting, the living arrangement has been evaluated and approved by the CAO as conductive to providing a supportive and supervised living arrangement for the minor parent.
(B) If a private institutional setting, the institution is subject to approval by a State agency for health, safety or licensing requirements.
(ii) Is maintained as a supportive family setting and supervised living arrangement as evidenced by:
(A) The assumption of responsibility for the care and control of the minor parent and dependent child by a nonrelated adult 21 years of age or older.
(B) In addition to food and shelter, the provision of supportive services, such as counseling, guidance or education including parenting skills, child development, family budgeting, health and nutrition and other skills to promote long-term economic independence and the well-being of the minor parent and dependent child.
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--Except as provided in § 141.41(d)(2) (relating to policy), a minor child and his parent or specified relative, as defined in § 151.42 (relating to definitions), with whom the child lives.
Minor child--An individual who is under 18 years of age, or who is under 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.
Minor parent--A TANF-eligible person under 18 years of age who has never been married and is the natural parent of a dependent child living with the minor parent, or is pregnant or a GA-eligible person 16 or 17 years of age who has never been married and is the natural parent of a dependent child living with the minor parent or is pregnant.
Strike--Includes any strike or other concerted stoppage of work by employees--including a stoppage by reason of the expiration of a collective-bargaining agreement--and a concerted slow down or other concerted interruption of operations by employees. See section 501 of the Labor Management Relations Act (29 U.S.C.A. § 142(2)).
(i) Participating in a strike includes failing to report for duty, the willful absence from one's position, the stoppage of work, slow down or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment.
(ii) Willful absence includes absences from one's position unless good cause exists.
(iii) Good cause exists when personal injury or damage to property or applicant's/recipient's life is threatened. Good cause may be corroborated by court, medical, criminal, psychological or law enforcement records. These corroborating records shall specifically relate to the injury or damage which is asserted as good cause. The applicant or recipient has the burden of proving the existence of his good cause claim and shall provide the corroborative evidence required to support the claim prior to approval for assistance benefits.
ELIGIBILITY PROVISIONS FOR GA § 141.61. Policy.
(a) Conditions of eligibility. The following relates to eligibility for GA:
(1) An individual is eligible for GA under the requirements established in subsection (d) and if the appropriate eligibility conditions in the following chapters are met:
* * * * *
ELIGIBILITY PROVISIONS FOR MA FOR THE CATEGORICALLY NEEDY § 141.71. Policy.
(a) Conditions of eligibility. To be eligible for MA, the individual 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 individuals described in paragraphs (1)--(6).
* * * * * (6) Applicants or recipients who would be eligible for cash assistance but for 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, in accordance with § 181.311(2)(ii) (relating to deductions from earned income for the TANF categories of NMP-MA).
(7) The individuals described in paragraphs (1)--(6) will be designated as categorically needy--nonmoney payment recipients (NMP, Category Symbol P).
* * * * *
CHAPTER 145. AGE
AGE PROVISIONS FOR TANF § 145.43. Requirements.
(a) General. The following are the general TANF age requirements:
(1) The child shall conform with one of the following age requirements:
(i) Be under 18 years of age.
(ii) Be under 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 vocational or technical training.
(b) Attending school or training. The following will constitute TANF age requirements for youths attending school or training:
(1) The youth under 19 years of age will be considered to have met the requirement of attending secondary school or an equivalent course of vocational training full time, if the youth is carrying a program of supervised education or vocational training approved by the authorities of the school district or by the Department of Education. The program may be part of the regular school program, or one especially arranged for the individual youth's educational or vocational needs and approved by the school authorities. A vocational training course may be under section 2508.3 of the School Code BVR (5813.3), in a program under the Economic Opportunity Act, or in an organized training program under recognized sponsorship with a specified vocational training objective (for example, apprenticeships or training arrangements sponsored by business or industrial firms).
(2) Full-time attendance will not be deemed interrupted when the youth is temporarily absent for reasons accepted under the laws of the State on compulsory school attendance, or for reasons accepted under the regulations of the secondary school or vocational training program in which the youth is enrolled.
(3) TANF payment will be made for the following:
(i) The months in which the youth is not in secondary school or training because of official vacations, provided that the youth will again attend full-time secondary school, or an equivalent vocational or technical school, when the official vacation is over.
(ii) The month the youth completes or discontinues secondary school or equivalent vocational or technical school before reaching 19 years of age.
(4) The date the secondary school or equivalent vocational or technical school records show the youth ended full-time status as a student or trainee will be the date of completion or discontinuance of secondary school or an equivalent vocational or technical school.
CHAPTER 151. SPECIFIED RELATIVES
SPECIFIED RELATIVES PROVISIONS FOR 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--An adult or a minor parent who is exempt, under § 141.21(q) (relating to policy), from the requirements to live with an adult and who conforms with the following:
(i) Is exercising responsibility for the care and control of the child. This means actually participating in making plans for the support, education and maintenance of the child and supervising carrying out the plans, and making the application for assistance on behalf of the child. The finding that a relative is exercising care and control of the child shall be made whether the relative is the parent or other relative of the child.
(ii) Is maintaining a home where the child lives with him, or is in the process of setting up a home where the child will go to live with him within 30 days after he receives the first TANF payment.
(iii) Is related to the child as follows:
(A) A blood relative who is within the fifth degree of kinship to the dependent child, including a first cousin once removed. Second cousins and more remote cousins are not within the fifth degree of kinship. A first cousin once removed is the child of one's first cousin or the first cousin of one's parent. The fifth degree of kinship includes great-great grandparents and great-great-great grandparents. The fifth degree of kinship also includes other relationships prefixed by great, great-great, grand or great-grand. Blood relatives include those of half-blood.
(B) A parent by legal adoption and any of the adopting parent's blood or adoptive relatives as described in clause (A).
(C) Stepfather, stepmother, stepbrother and stepsister.
(D) A spouse of a person named in this subparagraph, even though the marriage is terminated by death, separation or divorce.
§ 151.43. Requirements.
(a) Eligibility for TANF. When a child is living with a relative who is exercising responsibility for the care and control of the child, eligibility for TANF will not be affected by the following situations:
(1) The child is under the jurisdiction of the court (for example, is receiving probation services or protective supervision).
(2) Someone other than the relative (for example, a person, or public or voluntary agency, holds legal custody of the child).
(b) Persons 15 years of age or younger. A person 15 years of age or younger, living in the home of his specified relative, will not normally be considered to be capable of exercising responsibility for the care and control of the child unless that person can clearly show that capability. The capability may be shown by a statement provided by the specified relative in whose home the applicant or recipient is living, that the applicant or recipient is in fact exercising the care and control. In the absence of a statement, a factual determination of who is exercising care and control will be made. If a specified relative is exercising responsibility for the care and control of the child, then regardless of the age of the specified relative, he may apply for assistance (TANF) for himself or his child, or both, as well as be the payment name for a grant for himself and his child.
(c) Different specified relatives within a shelter group. If, within a shelter group, different specified relatives are exercising responsibility for care and control of different groups of children eligible for TANF, each relative will be considered to be maintaining a home for the children on whose behalf he applies for or receives assistance if the following conditions are met:
(1) The specified relatives of different groups of children are not spouses of each other.
(2) No one of the specified relatives is the parent of all the children in the shelter group for whom TANF is to be authorized.
(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 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 shall report the absence of a minor child by the end of the 5-day period that begins with the date that it becomes clear to the specified relative that the minor child will be absent beyond the consecutive 180-day period. A specified relative who fails to report within 5 days of the time it becomes clear to the specified relative 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, the relative will not be eligible for TANF.
(3) The relative will exercise this responsibility when the reason for the temporary separation no longer exists. For example, a child is temporarily living away from home because the best plan for the child's education through the first 12 grades, undergraduate college or for vocational training requires it. During the period of separation, the county staff shall decide whether or not the child is still in need or whether the child's needs are being met: if the child is in need, the grant will be computed as though the child were living in the home of the specified relative.
(e) Temporary exception to living with specified relatives. The requirements for a temporary exception to living with specified relatives are as follows:
(1) During a temporary period of crisis or change in a child's life, that is, when an emergency deprives the child of care by a specified relative, and plans for the future care and protection of the child cannot be made immediately, the child may be living with a person other than a specified relative. In these cases, the child shall be eligible only if the person the child is living with is acting in the behalf of the child, the child was receiving TANF when the crisis occurred and active planning is going on for the continuing care of the child.
(2) TANF is granted during this temporary period so that plans for the continuing care of the child can be made and carried out, for example, so that the child can be referred to another agency and be accepted by them for care. When the plans for the child have been made and carried out, the temporary TANF payments will end. The plans shall be reviewed at a redetermination.
(f) Pregnant women. A pregnant woman with no children or with children who are not receiving TANF may qualify for TANF for herself only as a specified relative if all of the following apply:
(1) The pregnancy and the expected delivery date are established by a physician, clinic or other medical source.
(2) The fetus, if born, would be eligible for TANF based on the criteria in § 153.43 (relating to TANF deprivation of support or care requirements).
CHAPTER 153. DEPRIVATION OF SUPPORT OR CARE
DEPRIVATION OF SUPPORT OR CARE
PROVISIONS FOR 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--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).
Deprived child--One who lacks the support, care or guidance of one parent or both. This means that the child does not have the maintenance, physical care or guidance that one parent or both would ordinarily be expected to provide, or that these have been interrupted.
Uniformed service--The Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanic and Atmospheric Administration and Public Health Service of the United States.
§ 153.43. 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 TANF. If a child has been legally adopted, it is the lack of the support or care of the adoptive parent, and not of the natural parent, that is the eligibility factor for 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 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 under § 153.44(e)(1) (relating to procedures). When the putative father claims paternity of a child who was born out-of-State, the CAO refers the putative father to the domestic relations section to file a domestic relations section Voluntary Statement of Paternity Form in accord with § 153.44(e)(2). When the putative father living with the child denies paternity, 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:
(b) Requirements relating to absence from the home. Continued absence from the home refers to desertion by a parent, legal, or other separation between the parents, and certain other circumstances of absence enumerated in § 153.44. It also describes the situation when a parent of a child born out-of-wedlock is not with the child.
(c) Requirements relating to physical or mental incapacity. Physical or mental incapacity exists when either one of the parents living with the child has a physical or mental defect, illness or impairment which substantially reduces or eliminates the ability of the parent to support or care for the child. The incapacity shall be proved.
(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 specified in § 153.44(d), will establish the 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) ''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.
(2) When the eligibility of a child for 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 specified in paragraph (1).
(3) There must be proof that a parent is absent from the home and there must be evidence that the absence of the parent deprives the child of, or interrupts the child's receiving support, care or guidance.
(4) If it is verified that a parent is absent for one of the reasons listed in paragraph (6), the absence will be considered to interfere with the child's receiving support, care or guidance from the parent. No further evidence on this point will be necessary.
(5) Proof of the circumstances in the subparagraphs of this paragraph consists of the statement of the applicant or recipient supported by other valid evidence. Examples of acceptable evidence are divorce decrees; court orders; official court statements; and official letters from the penal institution or other institution, hospital, and the like. Acceptable evidence of marital separation consists of documentation that husband and wife live at different addresses due to marital discord. Circumstances which establish absence are:
(i) Divorce.
(ii) Pending divorce.
(iii) Desertion.
(iv) Marital separation.
(v) Hospitalization.
(vi) Imprisonment, including a person who 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. A person so sentenced is not considered part of the assistance unit and is not eligible to receive assistance.
(vii) Other institutionalization.
(6) Whenever the CAO finds that a parent is absent from the home, and not for one of the specific reasons listed in paragraph (5), for purposes of eligibility for TANF there must be evidence that temporarily or permanently the parent is not taking responsibility for the support, care or guidance of the child.
(7) Deprivation due to absence does not exist if the absence of the parent from the home is due solely to the parent's performance of active duty in a uniformed service. Deprivation due to absence may be established only if there is evidence that absence for one of the specific reasons listed in paragraph (6) exists.
(8) If pieces of evidence in a case show conflicting information, the county staff will decide which is most reliable; and the decision and the reason for it will be recorded.
(9) Whenever a person applies for assistance on behalf of a child living with him and either or both parents are absent from the home, the CAO shall assure itself that the absent parent or parents have the opportunity to participate in planning for the child unless circumstances make it inadvisable or impossible. If the person applying indicates that the absent parent or parents are not interested in taking part in planning for the child or that it would be inadvisable or impossible for the parent to do so, the CAO will require the person applying to produce some evidence of this fact.
(10) For requirements relating to establishing paternity and securing support from a putative father or from parents who are absent from the home, see Chapter 187 (relating to support from relatives not living with the client).
(b) Locating absent parents. Procedures are as follows:
(1) Regardless of their living arrangements, parents are legally responsible for the care and support of their dependent children. Absent parents therefore represent possible economic and social resources that must be explored.
(2) When a parent is absent from the home, the first step in exploring the resource that the parent represents to the TANF child or children will be to locate the parent. The purposes of location are to reunite the family when feasible, and to obtain support so far as possible.
(i) Referral to county domestic relations section (DRS) for support services. Referral to the DRS will occur under the following circumstances:
(A) If the eligibility of a child for 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, before authorization, to the DRS as specified in § 187.23(d) (relating to requirements).
(B) As a condition of continued eligibility, the caretaker/relative will be required to comply with cooperation requirements by appearing at the DRS support interview and providing all verbal or written information known or possessed by him relevant to the identification and location of the absent parent as set forth in § 141.21 (relating to policy). If the caretaker/relative disagrees with a determination made by the DRS support official, with regard to cooperation requirements, he does have a right to appeal and have a fair hearing.
(C) If the applicant or recipient fails to comply with cooperation requirements without good cause, a notice will be provided notifying the individual 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, the CAO will impose the cash assistance allowance reduction unless a timely appeal is filed by 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 CAO will provide help, if requested, to get the necessary verification. If the services of a competent authority are not available without cost, the CAO will authorize a medical examination. If capacity of either parent cannot be determined from the available information, the CAO 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 TANF eligibility requirements, the CAO will authorize TANF presumptively as provided in Chapter 227 (relating to central office disbursement). When there is a question of incapacity, the individual shall cooperate with the CAO in providing verification of incapacity as a condition of eligibility for the family. To prove incapacity, an impairment expected to last at least 30 days shall be verified by competent medical information, such as the following:
* * * * * (d) Procedures relating to the unemployed principal wage earner parent. The following procedures relate to an unemployed parent 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 is 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 for TANF. The conditions are as follows:
(A) The principal wage earner parent has had a work record. Reference should be made to paragraph (2).
(B) The principal wage earner parent has not without good cause refused a bona fide offer of employment or training within the period of unemployment.
(C) The principal wage earner parent does not refuse to apply for or accept unemployment compensation which the parent is qualified to receive under an unemployment compensation law of a state or of the United States.
(D) A nonexempt parent shall participate in the RESET as provided in Chapter 165 (relating to road to economic self-sufficiency through employment and training (RESET) program).
(E) The principal wage earner parent is not a participant in a strike.
(ii) Unemployment is defined as: having no work, having work in which the net income, after allowable deductions under §§ 183.94 and 183.98 (relating to eligibility for TANF earned income deductions; and unearned income and lump sum income deductions) is less than the family size allowance for the budget group, as defined in § 168.2 (relating to definitions) or having ''on-the-job'' training in a project that is approved or recommended by the JS or RESET.
(iii) If a principal wage earner parent has refused an offer of employment or training for employment, the following factors are considered in deciding whether the offer was bona fide or whether there was good cause to refuse it: the capacity of the parent to do the type of work required; the travel distance, and transportation available; the fact of a definite offer of employment at wages meeting applicable minimum wage requirements and which are customary for work in the community; working conditions, such as risks to health, safety or lack of workers' compensation protection. If the offer of employment was made directly to the parent through JS or through a manpower agency, the determination as to whether the offer was bona fide or whether there was good cause to refuse it is made by JS or the manpower agency. This determination is binding on the CAO.
(iv) The family will be ineligible for 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 UC.
(2) Work record requirement. Eligibility for 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:
(i) The parent received UC benefits from a state or from the United States within the 12-month period prior to the date of application or was qualified for UC which means that the parent would have been eligible if the parent had filed application for benefits or if the parent's employment had been covered under Unemployment Compensation Law (43 P. S. §§ 751--914) within the 1-year period.
(ii) The parent worked for 6 or more calendar quarters in a 13-calendar quarter period ending within the 12-month period before the date of the 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:
(A) Earned $50 or more.
(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 are18 years of age or older and are receiving TANF and under conditions which are designed to assure protection of the health and welfare of these individuals and the dependent children involved, or other work and training program under governmental auspices.
(C) Participated in the Work Incentive Program before October 1, 1989, or in ETP or RESET on or after October 1, 1989, while receiving AFDC or TANF.
(D) Attended, full-time, an elementary school, a secondary school or a vocational or technical training course designed to prepare the individual for gainful employment.
(E) Participated in an educational or training program established under the Job Training Partnership Act of 1982 (29 U.S.C.A. §§ 1501--1781).
(F) A quarter of coverage based on earnings in the calendar year, as determined under section 213(a)(2) of the Social Security Act (42 U.S.C.A. § 413(a)(2)).
(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 specified in § 153.43(d) (relating to TANF deprivation of support or care requirements).
(ii) A Form PA 122, Authorization, is required for each transfer. The executive director or his delegate will sign the Form PA 122 authorizing GA.
(e) Procedures relating to the Acknowledgement of Paternity form. When assistance is requested or received on behalf of a child born out-of-wedlock, the CAO will explore 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 is used to establish paternity of a child born out-of-wedlock when assistance is requested or 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. 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 form to:
THE PARENT LOCATOR SERVICE SECTION
CHILD SUPPORT PROGRAMS OFFICE
POST OFFICE BOX 8018
HARRISBURG, PENNSYLVANIA 17105(B) Upon completing and forwarding the form to the Parent Locator Service Section, the CAO will consider the putative father as an LRR to the child. The CAO will apply appropriate LRR regulations.
* * * * *
CHAPTER 165. 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 participate in RESET. An exempt individual may volunteer to participate in RESET. The CAO will inform an applicant and recipient of the rights and responsibilities, and services and benefits available to RESET participants. A recipient's ability to meet RESET participation requirements will be assessed after consultation with the recipient. Applicants and recipients shall comply with this chapter.
(b) The Department will provide RESET participants, to the extent necessary, case management and approved supportive services as may be necessary to support participants in becoming self-sufficient. In addition, participants will be provided with or referred to education, training and employment-related activities designed to break the cycle of welfare dependency. To the extent it deems possible, the Department will identify and promote resources in the public and private sectors that may assist participants to prepare for and obtain employment in jobs they may realistically be expected to obtain.
(c) The Department may provide employment, education, training, work-related activities or work experience programs to applicants or recipients. Nothing in this chapter shall be interpreted as requiring the Department to develop or to offer or to continue to offer the employment, education, training, work-related activities or work experience programs.
§ 165.2. Definitions.
The following words and terms, when used in this chapter, 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 AMR includes the time frames within which each obligation is to be completed, the penalties for failure to comply, and the services to be provided by the Department to support the individual's efforts.
Appropriate child care--
(i) Services operating in accordance with applicable State regulations for child day care centers, group day care homes and registered family day care.
(ii) The term also includes informal care provided in the child's home or the home of the caregiver.
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.
EDP--Employment Development Plan--
(i) An individualized agreement with the Department that is completed by the Food Stamp recipient and is based on the individual's skills and abilities.
(i) An EDP sets forth an employment goal with responsibilities and obligations to be undertaken by the individual to achieve that goal and the time frames within which each obligation is to be completed.
(ii) The EDP describes services to be provided by the Department.
Exempt--Individuals who are not required to comply with RESET participation requirements, as specified in § 165.21 (relating to exemptions from RESET participation requirements).
Full-time child care--Child care of at least 5 hours per day.
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.
Noncompliance--The failure or refusal to comply with this chapter.
Participant--An individual who is actively engaged in a mutually agreed upon and approved education, employment or training related activity.
Part-time child care--Child care of less than 5 hours per day.
Preexpenditure approval--Approval by a person specified by the Department prior to the recipient's incurring an expense for an item or service.
Reasonable distance--Up to 2 hours travel time round trip from home to the work site, including travel time to the child or adult care provider, by reasonably available public or private transportation.
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.
Special allowances for supportive services--Payments for items and services as determined by the Department to be necessary to enable a participant to prepare for, seek, accept or maintain education, employment or training.
§ 165.11. (Reserved).
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