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 road to economic self-sufficiency through employment and training (RESET) 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 TANF.
(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 TANF 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.
Authority The provisions of this § 141.41 amended under sections 201(2), 403(b), 432 and 432.12 of the Public Welfare Code (62 P. S. § § 201(2), 403(b), 432 and 432.12); the Support Law (62 P. S. § § 1971—1977); Titles I and III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193) (PRWORA), creating the Temporary Assistance for Needy Families (TANF) Program, and amending 42 U.S.C.A. § § 601—619, 651—669(b) and 1396u-1; and the Federal TANF regulations in 45 CFR 260.10—265.10.
Source The provisions of this § 141.41 adopted August 4, 1977, effective August 5, 1977, 7 Pa.B. 2180; explained November 6, 1988, 11 Pa.B. 3954; amended November 6, 1981, effective November 7, 1981, 11 Pa.B. 3959; amended June 25, 1982, effective June 20, 1982, 12 Pa.B. 1940; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1259; amended August 26, 1988, effective November 1, 1988, 18 Pa.B. 3893; amended October 2, 1992, effective upon publication and apply retroactively to October 1, 1989, 22 Pa.B. 4875; amended September 13, 2002, effective retroactively to March 3, 1997, with the exception of subsections (c) and (d) which is effective September 14, 2002, 32 Pa.B. 4435. Immediately preceding text appears at serial pages (268276) to (268277).
Cross References This section cited in 55 Pa. Code § 108.9 (relating to time limits); 55 Pa. Code § 141.21 (relating to policy); 55 Pa. Code § 141.42 (relating to definitions); 55 Pa. Code § 141.71 (relating to policy); and 55 Pa. Code § 281.1 (relating to policy).
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