RULES AND REGULATIONS
Title 55--PUBLIC WELFARE
DEPARTMENT OF PUBLIC WELFARE
[55 PA. CODE CHS. 141, 175, 177 AND 183]
General Eligibility; Allowances and Benefits; Resources; Income
[28 Pa.B. 3939] The Department of Public Welfare (Department), by this order, adopts amendments to read as set forth in Annex A, under the authority of sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. §§ 201(2) and 403(b)). Changes to policy are based on the act of June 30, 1995 (P. L. 129, No. 20) (Act 1995-20) which added 62 P. S. § 432(10); the act of May 16, 1996 (P. L. 175, No. 35) (Act 1996-35) which amended 62 P. S. § 432(10); and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193) which added 42 U.S.C.A. § 408(a)(5) relating to minor parents.
Notice of proposed rulemaking is omitted in accordance with section 204(1)(iv) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204(1)(iv)) (CDL) and 1 Pa. Code § 7.4(1)(iv) because the regulations relate to Commonwealth grants and benefits.
In addition, in accordance with section 204(3) of the CDL, the Department finds that proposed rulemaking under sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) is unnecessary and contrary to public interest.
Proposed rulemaking is unnecessary because 62 P. S. § 432(10) and 42 U.S.C.A. § 408(a)(5) mandate that to receive cash assistance, a minor parent must reside with certain adults. These regulations clarify the procedures necessary to carry out this mandate, set forth exceptions to the mandate and explain what documentation is required to verify an exception to the mandate. Proposed rulemaking is contrary to public interest because it is in the public interest to strengthen families, promote parental responsibility and prevent difficulties for minors who have good cause to seek exceptions to the requirement that they live with a parent or other adult.
Background
Current Aid to Families with Dependent Children (AFDC) regulations permit a minor parent, including a pregnant minor, to apply for and receive AFDC as a specified relative to dependent children whether the minor parent lives with a parent or a legal guardian or has established a separate home. Current General Assistance (GA) regulations permit a minor aged 16 or over, including a pregnant minor, to apply for and receive State-funded benefits if the minor has left the parental household and establishes himself as a separate entity, free to act independent of parental control.
Section 5 of Act 1995-20, enacted on June 30, 1995, amended section 432 of the Public Welfare Code by adding paragraph (10) which requires a minor parent to live with a parent, a guardian or other adult to be eligible for AFDC or GA-eligible persons.
Section 9 of Act 1996-35, enacted on May 16, 1996, further amends section 432(10) by expanding the terms and provisions regarding the living arrangements to where the minor parent could reside if the minor parent does not meet one of several exceptions. The term ''other adult'' was revised to ''other adult relative,'' the term ''guardian'' was revised to ''legal guardian'' and the term ''in an adult-supervised supportive living arrangement'' was added. Act 1996-35 also added a grant provision whereby if the minor parent does not meet one of several exceptions and the parent or legal guardian lives in another location, the minor parent and the dependent child may be given a special allowance to move when it is confirmed that the minor parent has permission to reside in the parent's, legal guardian's or other adult relative's home. When the minor parent and the dependent child are residing with the minor parent's parent, legal guardian or other adult relative, the benefits on behalf of the minor parent and the dependent child shall be paid to that adult, whenever possible.
Title I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193) eliminated the AFDC program under Part A of Title IV of the Social Security Act and established the Temporary Assistance for Needy Families (TANF) program (42 U.S.C.A. §§ 601--619). From this point forward, any reference to applicants and recipients will be assumed to be applicants and recipients of TANF, even where AFDC is referenced.
Section 103 of Title I--(The Temporary Assistance for Needy Families Act hereinafter referred to as TANF) enacted August 22, 1996, added 42 U.S.C.A. § 408(a)(5) relating to minor parents. TANF mandates that to receive cash assistance, an individual who is under 18 years of age, is not married and has a minor child in his care, shall reside in a place of residence maintained by a parent, legal guardian, other adult relative of the minor parent or other appropriate adult-supervised supportive living arrangement unless one of several exceptions is met. The term ''second-chance home'' was added as a type of adult-supervised living arrangement. If the minor parent cannot return to the home of a parent, legal guardian or other adult relative, the Department, in consultation with county children and youth agencies, will provide assistance to the minor parent in locating a second-chance home, maternity home, or other appropriate adult-supervised supportive living arrangement unless the agency determines that the minor parent's living situation is appropriate.
Purpose of the amendments
The purpose of these amendments is to add a new condition of eligibility for TANF and GA. The new eligibility condition requires that, to receive cash assistance, any minor parent who is an applicant or recipient, including a pregnant minor, and a dependent child in the minor parent's care, shall reside in the home of a parent, legal guardian, other adult relative or in an adult-supervised supportive living arrangement unless one of several exceptions is met. When a minor parent and the dependent child are required to live with the minor parent's parent, legal guardian, other adult relative or in an adult-supervised supportive living arrangement, cash benefits on behalf of the minor parent and dependent child shall be paid to the parent, legal guardian, other adult relative or a representative in the adult-supervised supportive living arrangement.
When the minor parent does not meet one of the several exceptions listed under § 141.21(q) (relating to policy) and the parent or legal guardian lives at another location within the State or in another state, the minor parent and the dependent child may be given a special allowance to move when it is confirmed that the minor parent has permission to reside in the parent's, legal guardian's or other adult relative's home.
The Department also promulgates these amendments to comply with 62 P. S. § 403(b), which mandates the Department to establish regulations for GA which are consistent with Federal law, and which provide no greater benefit to GA recipients than are provided to recipients of Federally-funded benefits.
The amendments support the Department's concept of strengthening families, promoting parental responsibility and preventing pregnancy in minors. This revision will also save State and Federal funds.
Minor (teenage) pregnancy and parenthood often lead to an interrupted or abandoned education which, in turn, results in a failure to acquire skills necessary to parent effectively and to participate in the job market. With this revision, the Department intends to encourage minor parents to remain within their families and to gain the necessary strengths and skills to give them eventual independence from the welfare system.
Summary of Requirements
Section 141.21(m) is reorganized and a paragraph is added to include policy regarding needed documentation and cooperation by the minor parent to establish whether the minor parent is exempt from the requirement in § 141.21(p). Section 141.21(p) sets forth the condition of eligibility for TANF or GA cash assistance, that any minor parent applicant or recipient, as defined in § 141.42, shall reside in the home of the minor parent's parent, legal guardian, other adult relative or in an adult-supervised supportive living arrangement.
Additionally, the term ''handicap'' is replaced by the term ''disability'' as used in section 432(3)(i)(C) of the Public Welfare Code as amended by Act 1994-49. A revision is made to clarify cooperation when documentation must be secured from a third party which will verify the disability. Use of the term ''disability'' is also in compliance with the Americans with Disabilities Act.
Section 141.21(p) is added which provides that a minor, unmarried parent including a pregnant minor who is applying for TANF or GA, and the dependent child in the minor parent's care shall reside in the common residence of a parent, legal guardian, other adult relative or in an adult-supervised supportive living arrangement for the minor parent to receive cash assistance. When a minor parent and dependent child are required to live with the minor parent's parent, legal guardian, other adult relative or in an adult-supervised supportive living arrangement, cash benefits on behalf of the minor parent and dependent child shall be paid to the parent, legal guardian, other adult relative or to an adult in an adult-supervised supportive living arrangement.
Section 141.21(q) is added which includes several exceptions to the requirement that a pregnant minor or minor parent reside with a parent, a legal guardian, other adult relative or in an adult-supervised supportive living arrangement as follows:
* Subsection (q)(1)--The minor parent can document that the parent, legal guardian or other adult relative is unable to retain or assume parental control over the minor parent because of a physical, emotional, mental, financial or other limitation.
* Subsection (q)(2)--The minor parent has no living parent, legal guardian or other adult relative or the whereabouts of these persons are unknown.
* Subsection (q)(3)--The parent, legal guardian or other adult relative of the minor parent will not allow the minor parent to live in the common residence.
* Subsection (q)(4)--The physical or emotional health or safety of the minor parent or dependent child would be jeopardized if they resided in the same residence with the minor parent's parent, legal guardian or other adult relative or the threat to physical or emotional health or safety comes from another individual residing in or visiting the residence.
* Subsection (q)(5)--(10)--There is otherwise good cause for the minor parent and dependent child or the pregnant minor to receive assistance while living apart from the minor parent's parent, legal guardian, other adult relative or in an adult-supervised supportive living arrangement.
Under Chapter 175 (relating to allowances and benefits), a revision was made regarding authorization of a special allowance. When the minor parent does not meet one of the exceptions listed under § 141.21(q) and the parent, legal guardian or other adult relative lives in another location, the minor parent and the dependent child may be given a special allowance for transportation expenses to move when it is confirmed that the minor parent has permission to reside in the parent's, legal guardian's or other adult relative's home.
Conforming amendments are made to various other sections as a result of the addition of § 141.21(q). In § 141.42 (relating to definitions), two definitions are added: ''adult-supervised supportive living arrangement'' and ''minor parent.'' Corresponding changes are made to definitions in §§ 177.2 and 183.2 (relating to definitions).
Affected Individuals and Organizations
The primary effect of the final-form regulations will be on minor parents including pregnant minors who are applicants or recipients of TANF or GA, because the new requirement restricts payments to households headed by minor parents. The regulations mandate that to receive cash assistance, an individual who is under 18 years of age, has never been married and has a minor child in his care, shall reside in a place of residence maintained by a parent, legal guardian or other adult relative of the minor parent or other appropriate adult-supervised supportive living arrangement unless one of several exceptions is met. In most cases, this amendment transfers total responsibility for the minor parent's basic living needs to the parental household. In some instances when the parental household is also receiving cash assistance, the overall cost is less than if the minor resided independently.
Fiscal Impact
Commonwealth--The estimated savings to the Commonwealth for SFY 96 is $41,000; for SFY 97, $478,000; and after SFY 97, $498,000. There are no costs to the Commonwealth.
Public Sector--There will be no costs or savings incurred by the public sector.
Private Sector--There will be no costs or savings incurred by the private sector.
Paperwork Requirements
These amendments require no additional forms or reports.
Cross References
Act No. 1995-20 (P. L. 129, No. 20)
Act No. 1996-35 (P. L. 175, No. 35)
Temporary Assistance for Needy Families (TANF) Pub.L. No. 104-193
Effective Date
The final-form regulations requiring that a minor parent live with a parent, legal guardian, other adult relative or in an appropriate adult-supervised supportive living arrangement are effective immediately and apply retroactively to March 3, 1997, because the provisions were implemented under the NORC issued at 27 Pa.B. 1089 (March 1, 1997)--14-NRC-069--effective March 3, 1997.
Sunset Date
There is no sunset date. The Department continuously reviews the TANF Program and regulations through the Federally-monitored Quality Control and Corrective Action review process to ensure compliance with Federal law. The Department also conducts reviews of the GA Program in accordance with section 403(e) of the Public Welfare Code.
Public Comment Period
Public comments to these final-form regulations from interested persons are invited by submitting written comments, suggestions or objections regarding the final-form regulations to the Department of Public Welfare, Edward J. Zogby, Acting Director, Bureau of Policy, Room 431, Health and Welfare Building, Harrisburg, PA 17120, (717) 787-4081.
Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 564-5988 (Voice users).
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on July 6, 1998, the Department submitted a copy of these final-form regulations with proposed rulemaking omitted to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Health and Human Services and the Senate Committee on Public Health and Welfare. On the same date, the final-form regulations were submitted to the Office of the Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).
In accordance with section 5.1(d) and (e) of the Regulatory Review Act, these final-form regulations were deemed approved by the Committees on July 26, 1998, and were approved by IRRC on July 30, 1998.
Findings
The Department finds that:
(1) Public notice of intention to adopt the administrative regulations by this order is unnecessary and contrary to public interest under section 204(1)(iv) of the CDL and the regulation thereunder, 1 Pa. Code § 7.4(1)(iv).
(2) The adoption of these final-form regulations in the manner provided in this order is necessary and appropriate for the administration and enforcement of the Public Welfare Code.
Order
The Department, acting under the Public Welfare Code, orders that:
(a) The regulations of the Department, 55 Pa. Code Chapters 141, 175, 177 and 183, are amended by amending §§ 141.21, 141.42, 175.23, 177.2 and 183.2 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Secretary of the Department shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as to legality and form as required by law.
(c) The Secretary of the Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately and apply retroactively to March 3, 1997.
FEATHER O. HOUSTOUN,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 4007 (August 15, 1998).)
Fiscal Note: 14-444. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 55. PUBLIC WELFARE
PART II. PUBLIC ASSISTANCE MANUAL
Subpart C. ELIGIBILITY REQUIREMENTS
CHAPTER 141. GENERAL ELIGIBILITY PROVISIONS
ELIGIBILITY PROVISIONS FOR TANF/GA § 141.21. Policy.
* * * * * (m) Furnish required verification as directed by the CAO of eligibility factors in accordance with Chapter 125
(relating to the application process) prior to application interview.
(1) If the applicant has cooperated and can document cooperation in the verification attempt, the initial authorization of assistance may not be delayed for more than 15 days for verification purposes following the date of application.
(2) For purposes of determining eligibility under § 141.61(d)(1)(iii), an individual will be considered as cooperating in the attempt to verify the claimed disability if the individual has done everything necessary and reasonable to secure documentation that will verify the disability.
(3) For purposes of determining eligibility under subsections (p) and (q), the minor parent shall present evidence to qualify for the exceptions. Because documentary evidence establishing an exception may not exist or may be difficult to obtain, the minor parent will be considered as cooperating in an attempt to verify the alleged exception if the minor parent can document that she made a good faith effort to obtain the necessary documentation. The CAO shall make an administrative determination based on available documentation. In the absence of evidence of fraud, verification from the minor parent, social worker or other person familiar with the allegation shall be sufficient when other documentary evidence is difficult to obtain. Action which is necessary to produce the verification shall be taken in accordance with Chapters 125 and 133 (relating to the application process; and the redetermination process).
* * * * * (p) As a requirement of eligibility for TANF or GA, an applicant or recipient minor parent, as defined in § 141.42 (relating to definitions), shall reside in the home of the minor parent's parent, legal guardian or other adult relative who is at least 18 years of age or in an adult-supervised supportive living arrangement unless otherwise exempt by one of the conditions of subsection (q). If the CAO determines that at least one of the conditions in subsection (q) is satisfied and no other adult-supervised supportive living arrangement is available, a minor parent may be exempt from this requirement. The following conditions may apply to the eligibility determination of a living arrangement regarding a minor parent:
(1) While a minor parent resides with a supervising adult, as specified, the supervising adult may be the payment name of the cash benefits paid on behalf of the minor parent and the minor parent's dependent child. The supervising adult shall ensure that the minor parent and dependent child receive the benefit of the payment.
(2) If the minor parent does not meet any of the exceptions listed in subsection (q) and the parent, legal guardian or other adult relative lives at another location, the minor parent and dependent child may be given a special allowance, as provided for in § 175.23(e) (relating to special allowances), to return to the home of the minor parent's parent, legal guardian or other adult relative. The Department will not authorize a special allowance payment until the minor parent verifies she has permission to return to the home of the parent, legal guardian or other adult relative.
(3) If the minor parent cannot return to the home of a parent, legal guardian or other adult relative, the CAO in consultation with a county children and youth agency will provide assistance to the minor parent to locate a second-chance home, maternity home or other appropriate adult-supervised supportive living arrangement unless the CAO determines the minor parent's current living situation to be appropriate.
(q) A minor parent who claims exception to the requirement of living with a parent, legal guardian or other adult relative shall present documentation, in accordance with subsection (m), that all other potential living arrangements have been explored, and at least one of the following conditions applies:
(1) The minor parent can document that neither a parent, legal guardian nor other adult relative is able to retain or assume parental control over the minor parent because of a physical, emotional, mental, financial or other limitation.
(2) The minor parent does not have a living parent, legal guardian or other adult relative or the whereabouts of the parent, legal guardian or other adult relative are not known.
(3) Neither a parent, legal guardian nor other adult relative of the minor parent will allow the minor parent to live in the common residence.
(4) The physical or emotional health or safety of the minor parent or dependent child would be jeopardized if they resided with the minor parent's parent, legal guardian or other adult relative, or, the threat to physical or emotional health or to safety comes from another individual residing in or visiting the residence. Eligibility under this paragraph shall be based on the following:
(i) The present physical or emotional health or safety of the minor parent or dependent child obtained from sources including health records, collateral contacts or worker observation.
(ii) The physical or emotional health or safety history of the minor parent or dependent child obtained from sources including health facility records or collateral contacts with school counselors, health professionals, social service agency personnel, police or courts.
(iii) The intensity and probable duration of the physical or emotional harm previously caused to the minor parent or dependent child from residing in the home of the minor parent's parent, legal guardian or other adult relative obtained from sources including health facility records or collateral contacts with school counselors, health professionals, social service agency personnel, police or courts.
(5) The minor parent's parent, legal guardian or other adult relative has exhibited neglect of the minor parent or minor parent's child. Eligibility shall be based on the documentation listed in subsection (q)(4).
(6) The minor parent's child, including an unborn child, was conceived as a result of rape or incest committed by someone still residing in or visiting with other individuals residing in the residence.
(7) The minor parent and dependent child no longer reside in the home of the parent, legal guardian or other adult relative because of physical or sexual abuse or the threat of physical or sexual abuse to the minor parent, minor parent's child or any other child in the household.
(8) The parent, legal guardian or other adult relative lives in another area of the State, in another state or out of the country, and the minor parent has not resided with the parent, legal guardian or other adult relative for 12 months or more and the minor parent is already enrolled in a vocational school, other educational program, job training, or substance abuse treatment program, or is employed.
(9) The parent, legal guardian or other adult relative has spent the minor parent's assistance in an improper manner.
(10) Additional exceptions under this subsection may be granted by the Department if the Department determines that the exception is necessary to protect the health and safety of the minor parent and dependent child.
ELIGIBILITY PROVISIONS FOR TANF § 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.
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 employes--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 employes. 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.
Subpart D. DETERMINATION OF NEED AND AMOUNT OF ASSISTANCE
CHAPTER 175. ALLOWANCES AND BENEFITS § 175.23. Requirements.
* * * * * (d) Grants to relocate minor parents. A grant to relocate the minor parent and the dependent child may be provided if the following requirements are met:
(1) The minor parent does not meet an exception under § 141.21(q) (relating to policy).
(2) The parent, legal guardian or other adult relative lives at another location within the State or in another state.
(3) The minor parent and dependent child are not being forced to return to living conditions that are not in their best interest. Payment will not be authorized until the minor parent verifies she has permission to reside in the parent's, legal guardians' or other adult relative's home.
(4) The allowance for transportation is for the most economical and practical means of travel required to meet the minor parent's and dependent child's needs.
(5) Another allowance for transportation has not been issued within the last 12-month period.
CHAPTER 177. RESOURCES
GENERAL RESOURCE PROVISIONS FOR TANF/GA § 177.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Automobile--A passenger car, truck, motorcycle or other motor vehicle that can be used to transport persons or goods, and is of a type permitted to travel on public roads.
Budget group--One or more individuals living in the household whose needs are met through a monthly assistance payment issued under one category of assistance.
Burial reserve--Funds or other resources held in trust or under contract with a financial institution or a funeral director, and designated for burial expenses. The term may also be known as funeral reserves, funeral agreements, prepaid funeral agreements, burial funds, burial agreements, and the like.
Burial space--A conventional grave site, crypt, burial drawer, mausoleum, urn and another repository used to deposit the remains of deceased persons.
CWEP--The Community Work Experience Program under Chapter 166 (relating to employment and community work experience program).
Equity value--The fair market value, less encumbrances.
Fair market value--The price which property would sell for on the open market in the geographic area in which it is located.
Good faith effort to sell real property--Listing the real property with a licensed real estate broker or advertising the real property for sale in the local newspaper within 10 working days following an applicant's authorization of assistance or a recipient's reapplication, and accepting an offer of purchase which represents the fair market value or more for the real property.
LRR--legally responsible relative--A spouse, or the natural or adoptive parent of a TANF dependent child, of a GA unemancipated child 18 years of age or younger, or of a minor parent. The term does not include a putative father.
Legally available resource--Real or personal property or interest property which a person has, or can make available for his use. The term includes partial interest in property which a person has the right, authority and power to liquidate, and partial interest in property if the co-owners consent to disposition or liquidation.
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.
Nonresident property--A house, mobile home, building, burial plot or land which is not used as resident property by the applicant/recipient, the applicant or recipient's spouse or minor or incompetent adult children.
Personal property--A privately owned possession which is not real property. The term may include cash, bank accounts, stocks, bonds, mortgages, life insurance policies, household furnishings, personal effects, boats and Federal, State and local tax refunds.
Real property--Land, buildings, mobile homes and improvements thereto.
Rebuttable presumption--A rule of evidence which permits the Department to assume that when certain facts are true, other facts are true, without having proof of those other facts. The presumption is automatic, and may be disproved or rebutted only by the client presenting evidence at a prehearing conference or a fair hearing. If the client presents no evidence at a prehearing conference to disprove the presumption, the presumption remains unrebutted and stands.
Resident property--A house, mobile home or building, including the land on which it sits, which is lived in by the client, the client's spouse or minor or incompetent adult children.
Resource--Real or personal property.
CHAPTER 183. INCOME
INCOME PROVISIONS FOR TANF/GA § 183.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
AFDC minor parent--A minor 17 years of age or younger, whose own natural or adoptive child is eligible for AFDC as a dependent child.
Actual income--Income which is received in the budget month.
Budget group--One or more individuals living in the household whose needs are met through a monthly assistance payment issued under one category of assistance.
Budget month--The calendar month from which actual income and circumstances are used to determine eligibility and the amount of the monthly assistance payment. The term is referred to as the reporting period on the Monthly Reporting Form.
Deemed income--Income which is considered available regardless of whether actually received.
Earned income--Cash or income-in-kind received by the client in return for services rendered.
Full-time employment--Employment which averages at least 30 hours per week in a calendar month.
Gross income--Total earned income, excluding earned income tax credit (EITC), before allowable deductions such as work and personal expenses, and total unearned income before allowable deductions.
LRR--Legally Responsible Relative--A spouse, or the natural or adoptive parent of a TANF dependent child, of a GA unemancipated child 18 years of age or younger or of a GA minor parent. The term does not include a putative father.
Life threatening emergency--A natural disaster, such as a flood, tornado, earthquake or an occurrence, such as a home or apartment fire, a serious illness or injury of a member of the budget group, a utility shut-off, eviction or other unforeseen events which cause a major loss of resources needed to sustain life or health.
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.
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.
Nonrecurring income--Income that the client receives, usually in a single payment, that is not expected to continue. The term includes lump sum income.
Parent--The natural or adoptive father or mother of one of the following:
(i) A TANF dependent child.
(ii) A TANF minor parent.
(iii) An unemancipated child 18 years of age or younger who is eligible for GA, including a minor parent subject to § 141.21(p) and (q) (relating to policy).
Part-time employment--Employment which averages less than 30 hours per week in a calendar month.
Payment month--The fiscal month for which the assistance payment is made.
Prospective budgeting--The computation of the monthly assistance payment based on the best estimate of income and circumstances which will exist in the calendar month in which the monthly assistance payment is made.
Prospective determination--The determination of eligibility based on the best estimate of income and circumstances which will exist in the calendar month in which the assistance payment is made.
Recurring income--Income that is expected to continue, regardless of whether this income is received on a regular or irregular basis.
Reporting period--The calendar month for which the client reports income and other circumstances.
Retrospective budgeting--The computation of the amount of the assistance payment issued in the payment month based on actual income and circumstances which existed in the budget month. The budget month precedes the payment month by approximately 2 months.
Sponsor--An individual who, or an organization which, executed an affidavit of support on behalf of an alien as a condition of the alien's entry into the United States.
Spouse--A person who is married to another by legal ceremony or by common-law.
Stepparent--A person who is married by legal ceremony or by common-law to the parent of a child.
Unearned income--Cash or contributions received by an individual for which the individual does not render a service.
[Pa.B. Doc. No. 98-1312. Filed for public inspection August 14, 1998, 9:00 a.m.]
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