NOTICES
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
Guidelines for Military Family Relief Assistance Program
[36 Pa.B. 2232] The Department of Military and Veterans Affairs (Department) has developed guidelines for the administration of the Military Family Relief Assistance Program (program).
Under 51 Pa.C.S. § 7319(c) (relating to military family relief assistance), the Department, in consultation with the chairpersons and minority chairpersons of the House and Senate Appropriations Committees and Veterans' Affairs and Emergency Preparedness Committees, has developed and is publishing guidelines for this new program. The program, authorized by the act of July 7, 2005 (P. L. 149, No. 40) and the act of November 10, 2005 (P. L. 331, No. 65), is designed to provide assistance to military families that have a direct and immediate financial need as a result of the military service of the service member. This program is funded entirely by voluntary donations in the form of Pennsylvania Personal Income Tax Refund checkoffs and direct donations.
The guidelines published with this notice set forth eligibility criteria for the program, describe the maximum amount of assistance and maximum number of applicants per event or episode and describe other information necessary for the administration of this program.
Eligibility for assistance under the program is established by law and further explained under these guidelines. The program applies to residents of this Commonwealth who serve:
* On 30 or more consecutive days of active duty with the Army, Navy, Air Force or Marine Corps.
* On 30 or more consecutive days of active duty or State active duty in the Pennsylvania Army or Air National Guard.
* On 30 or more consecutive days of active duty with Army Reserve, Air Force Reserve, Navy Reserve or Marine Corps Reserve.
The program also applies to certain relatives of the eligible service members as long as the relatives are residents of this Commonwealth.
The guidelines, which are set forth at Annex A, were sent to the chairpersons and minority chairpersons of the House and Senate Appropriations and Veterans' Affairs and Emergency Preparedness Committee on March 27, 2006. Members of the committees and their staffs reviewed the draft guidelines and provided questions and suggestions. Under 51 Pa.C.S. § 7319(c), the committees are not required to take formal action when consulted on these guidelines, and the committees took no such actions.
Section 7319(c)(4) of 51 Pa.C.S. provides that these guidelines shall be published in the Pennsylvania Bulletin but shall not be subject to review under the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1102--1602), the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506) or the Regulatory Review Act (71 P. S. §§ 745.1--745.15).
Forms necessary to support applications for assistance under the program will be available on the Department's website at www.dmva.state.pa.us, military family action offices or from the Department of Military and Veterans Affairs, Bldg. P-0-47, Fort Indiantown Gap, Annville, PA 17003-5002.
These guidelines shall be effective upon publication in the Pennsylvania Bulletin. The Department anticipates that it will begin to accept applications for assistance under this program on or after May 8, 2006.
Questions about the program should be addressed to the Military Family Relief Assistance Program Office, Bureau of Administrative Services at (866) 292-7201 (toll free) or (717) 861-6227 or to the Department's Office of Chief Counsel at (717) 861-8503.
MAJOR GENERAL JESSICA L. WRIGHT
Adjutant General
Annex A
PENNSYLVANIA MILITARY FAMILY RELIEF ASSISTANCE PROGRAM
GUIDELINES 1. Purpose: The Pennsylvania Military Family Relief Assistance Program (MFRAP) provides emergency assistance to eligible service members and eligible relatives of eligible service members. The Program is established to provide emergency assistance grants to families of persons who are residents of Pennsylvania and members of the armed forces.
2. Fund Committee: The Adjutant General will appoint an MFRAP Fund Committee, which will assist in administering the Pennsylvania Military Family Relief Assistance Program. The Fund Committee may make recommendations to the Adjutant General for prioritization of payments if available funds are insufficient to address all the financial needs requested; and recommend rule changes.
a. The Fund Committee will consist of:
(1) The Chief of Staff (COL/O6) and two COL/O6 alternates;
(2) Joint Force HQ Senior Enlisted Advisory (Command Sergeant Major) and Command Chief Master Sergeant (E9), PaANG, and three E9 alternatives, at least one of whom is a member of the PAARNG and one of whom is a member of the PaANG;
(3) An officer (O-4 or above) or senior enlisted member (E-8 or above) of another reserve component of the U.S. Armed Forces who is a resident of Pennsylvania and two reserve component alternates;
(4) Director of Administrative Services and two alternates;
(5) Joint Force HQ J1 (Personnel) and the PAARNG and PaANG senior military personnel officer and two alternates from the military personnel or human resource office of the HQ Pennsylvania National Guard.
b. The alternates ensure that a Committee can be formed immediately for emergency purposes. The designated member will determine which alternate will attend when designated member is absent. Three members or their alternates must be present, either in person or by telephone, to conduct Fund Committee business.
3. Eligible Recipients:
a. Members of the Armed Forces of the United States who were residents of Pennsylvania when they entered military service and are residents of Pennsylvania at the time of the application for assistance. A resident of Pennsylvania is defined as either of the following:
(1) An individual who is domiciled in this Commonwealth. The individual must either physically reside in Pennsylvania or be absent from the State pursuant to military orders. An individual's spouse or dependent who is domiciled in this Commonwealth who is stationed in another state or country shall qualify under the program as a resident of Pennsylvania so long as the person does not become domiciled in another state.
(2) An individual who qualifies under the definition of 'Resident Individual'' in section 301(P) of the act of March 4, 1971 (P. L. 6, No. 2), known as The Tax Reform Code of 1971.
b. Eligible Service Member.
(1) A member of the Armed Forces of the United States or its Reserve Components, including the Pennsylvania Army or Air National Guard, who is serving on active duty for a period of 30 or more consecutive days.
(2) A member of the Pennsylvania National Guard serving on State Active Duty for a period of 30 or more consecutive days.
c. Eligible Relative of an Eligible Service Member.
(1) The dependent spouse or dependent child of the eligible service member or, in the case of applicants for financial assistance to visit a hospitalized service member, the service member's spouse, parent, sibling or child.
(2) An eligible relative must be a legal resident (domiciliary) of Pennsylvania at the time of application for assistance. An otherwise eligible relative may retain eligibility if absent from the Commonwealth accompanying the eligible service member to military duty in another state or country.
4. Other Assistance.
a. Except as provided in paragraph 4c, in order to qualify for assistance under this program, applicants are required to seek assistance from other available sources prior to award of MFRAP grants. Other available sources include, but are not limited to:
(1) Army Emergency Relief (AER) (www.aerhq.org);
(2) Air Force Aid Society (AFAS) (www.afas.org);
(3) Navy-Marine Corps Relief Society (NMCRS) (www. nmcrs.org);
(4) Coast Guard Mutual Assistance (CMGA) (www. cgmhq.org);
(5) Salvation Army (www.salvationarmyusa.org);
(6) American Red Cross (ARC) (www.redcross.org);
(7) Veterans' Emergency Assistance if applicable (www. dmva.state.pa.us).
b. The application for MFRAP assistance should include copies of applications for other forms of assistance filed by the applicant.
c. The approval authorities described in paragraph 9 may waive the requirement to seek assistance from other sources when unusual or exigent circumstances makes such application impractical or unlikely to produce results in a timely manner or when the applicant shows that the circumstances are such that other potential source of funds are inapplicable to the particular circumstances. The Level 1 approval authority may approve the waiver in cases involving applications for assistance in the amount of up to $1,000 and the Level 2 approval authority may approve the waiver in cases seeking assistance of $1,000 or more.
5. Application Process:
a. Eligible recipients may apply for funds by submitting a completed application packet containing the following: A completed application for Pennsylvania Military Family Relief Assistance Program (PA MFRAP Form 01), signed by the applicant;
(1) Proof of residency (if applicable);
(2) Proof of military membership and member's active duty status;
(3) Proof of dependency (if applicable);
(4) Military member's most current Leave and Earnings Statement (LES);
(5) Supporting documentation (if applicable), such as car repair estimates, rental agreements, utility bills, bank statements, employment records, etc.;
(6) Certification, under penalty of law, that the information is true and correct to the best of the knowledge, information and belief of the application;
(7) Verification, if applicable, from military commander/ first sergeant (senior NCO) of information submitted.
b. Applications, with support documents, must be mailed to: Department of Military and Veterans Affairs, ATTN: Military Family Relief Assistance Program, Building S-0-47, Fort Indiantown Gap, Annville, PA 17003-5002.
c. To expedite the application process, applications and supporting documents may be faxed to MFRAP (FAX Number: (717) 861-2680) or e-mailed to ra-pa-mfrap@state.pa.us. An application with the applicant's or authorized representative original signature must be submitted, along with the supporting documentation the MFRAP office.
d. If an application is submitted on behalf of an eligible service member or an eligible relative of an eligible service member, a copy of a fully-executed power of attorney authorizing the person submitting the application to act on the applicant's behalf must be submitted.
e. Application forms are available on-line at www.dmva.state.pa.us, from DMVA (Military Family Relief Assistance Program, Building S-0-47, Fort Indiantown Gap, Annville, PA 17003-5002) or from Pennsylvania National Guard Family Assistance Centers.
6. Grants:
a. Applications for grants will be evaluated according to the criteria set forth in 51 Pa.C.S § 7319 and in paragraph 6 of these guidelines subject to the availability of funds and the exercise of the approval authority's discretion in evaluating the relative priority of requests if funds are not sufficient to satisfy all eligible requests.
b. As required by law, applicants must demonstrate that they have a direct and immediate financial need for assistance as a result of the military service of the applicant. Such circumstances must be beyond the control of, and not the result of misconduct by, the applicant.
c. Grants may be made for purposes such as: food, rent, utilities, emergency transportation and vehicle repair, medical/dental expenses, short term personal needs when pay is delayed or stolen, emergency home repairs necessary to maintain habitability of essential areas (not for home improvements), as well as other emergency needs at the discretion of the approval authority.
d. Grants may also be made if it is demonstrated that financial need is caused by:
(1) The need for travel, lodging and subsistence for which the applicant lacks financial resources as a result of:
(a) The death or critical illness of an eligible member's parent, spouse, sibling or child.
(b) The wounding of the service member in the line of duty sustained as a result of combat or attack resulting in an immediate need for funds for travel, lodging, subsistence or other activities directly related to the casualty.
(c) No more than two eligible relatives of an eligible service member may receive assistance for travel under paragraph 6d(1)(b).
(2) A natural or manmade disaster resulting in the deprivation of food, shelter or other necessities of life.
(3) Emergency need for child care for dependent children.
e. It is recognized that neither 51 Pa.C.S. § 7319 nor these guidelines can describe every possible emergency scenario that might result in an eligible service member or their families having an immediate and direct financial need as a result of military service. Applicants may qualify for grants when they demonstrate the existence of financial need related to military service coupled with an emergency situation where the failure to obtain emergency assistance will substantially deter the service member from meeting his/her military obligations. The following situations are examples:
(1) Failure to receive pay and allowances in a timely manner because of errors in military pay systems where extraordinary circumstance exist precluding casual payment or advance payment.
(2) Loss of income as a result of permanent change of station or extended TDY causing member and family to move.
(3) Loss of employment of spouse due to member's service, extended TDY, or deployment.
(4) Unusual medical care costs incurred by the eligible member or dependents which are not covered by TRICARE or other government sources.
(5) The eligible member or dependents are victim(s) of crimes that result in loss of income, property or credit (e.g. identiy theft, etc).
(6) The special needs of an eligible member or a dependent result in a need for assistance that cannot be met as a result of the eligible member's military service.
(7) The death of a relative of an eligible service member resulting in increased costs or sudden, unexpected loss of income or support.
f. MFRAP grants shall not be used to:
(1) Help pay for nonessential items;
(2) Finance vacations;
(3) Pay fines or legal expenses in criminal matters;
(4) Help liquidate or consolidate debt;
(5) Assist with home purchase or home improvement;
(6) Cover bad checks or pay credit card bills;
(7) Establish credit for mortgages or car loans.
7. Evaluation Criteria: The criteria that will be considered in determining whether to approve applications for financial assistance include:
a. Nature of assistance requested;
b. Degree of financial hardship:
(1) Current family income;
(2) Current debts and obligations;
(3) Number of dependents.
c. Connection between financial hardship and military member's active duty status:
(1) Change in income (based on military active duty);
(2) Changes in employment and income status of dependents related to military member's active duty status;
(3) Increased expenses due to military member's active duty;
(4) Military pay problems;
(5) Other issues of financial hardship related to military member's active duty.
d. Bankruptcy filed or pending.
e. Pending Disciplinary Action (military member only);
f. Length of military duty;
g. Other aid available and/or received;
h. Amounts and date of any funds previously awarded to the applicant from this fund.
8. Maximum Grants:
a. The maximum grant under this program is $2,500 or such lesser amount determined by The Adjutant General based on the amount of money in the MFRAP special fund.
b. No more than $2,500 may be paid to an eligible service member and the eligible relatives of an eligible service member in any 12-month period. Eligibility for grants derives from the eligibility of the service member. This limit means that the eligible service member and all eligible relatives of the eligible service member may not receive (in total for all applicants) more than $2,500 in any 12-month period.
c. Only one grant will be made for each event or episode to either the eligible service member or the eligible relative of the eligible service member, but not to both.
9. Approval Authority: The following shall have authority to act on requests for financial assistance, unless otherwise restricted by The Adjutant General:
a. Level 1. Requests for grants up to $1,000 may be acted upon by the Pennsylvania Military Relief Assistance Program Coordinator.
b. Level 2. Requests for grants in excess of $1,000 may be approved by the Fund Committee.
10. Appeals and Reconsideration: Any applicant aggrieved by a decision with respect to a grant application may appeal to The Adjutant General in writing within 10 days of receiving the decision. The appeal shall state the reasons for the appeal and describe the requested relief. The Adjutant General shall review the appeal and make a decision concerning it. In accordance with 51 Pa.C.S. § 7319(b)(4), The Adjutant General shall make the final determination concerning any appeal.
11. Reporting Requirements:
a. Beginning on or before July 30, 2006, and every year thereafter for the length of the program, the Department shall submit a report to the Chairperson and Minority Chairperson of the Appropriates Committee of the Senate, the Chairperson and Minority Chairperson of the Appropriations Committee of the House of Representatives, the Chairperson and Minority Chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the Chairperson and Minority Chairperson of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives detailing the program's guidelines, the number of applicants, the total amount of money raised and distributed and the type of applicant need.
b. The report shall also set forth any participation by a governmental or nongovernmental organization utilized in the furtherance of the program.
[Pa.B. Doc. No. 06-784. Filed for public inspection May 5, 2006, 9:00 a.m.]
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