§ 145.63. Requirements.
(a) Emancipated minor. If a minor is emancipated and meets the eligibility requirements for GA he may receive GA subject to the conditions and limitations in Chapter 141 (relating to general eligibility provisions) and other provisions of this title.
(b) Unemancipated minor. GA age requirements for unemancipated minors will be as follows:
(1) Eligible for assistance. A minor unemancipated child may receive GA subject to the conditions and limitations in Chapter 141, provided the following conditions are met:
(i) The child does not qualify for AFDC or AFDC-F. The child’s potential eligibility for AFDC-F will be explored only when the child is in a foster home placement under the auspices of the County Child Welfare Agency.
(ii) The person with whom the child is living shall exercise responsibility for the care and control of the child.
(iii) The person with whom the child is living must comply with the child support requirements. If the person with whom the child is living fails to comply with the child support requirements, the child may receive GA only by protective payment provisions.
(2) Ineligible for assistance. A minor unemancipated child will not be eligible for GA if the following circumstances exist:
(i) The child is removed from his home and placed in the custody of the County Authority by court order. The child may qualify for AFDC-F as provided in this part.
(ii) The child is also ineligible for AFDC because the person with whom the child is living fails to furnish a Social Security number for the child.
(c) Attending school or training. The following will constitute GA age requirements for youths attending school or training:
(1) A youth under 21 years of age will be considered to have met the requirements of attending secondary school or an equivalent course of vocational training full time, if he is enrolled in a program of supervised education or vocational training approved by the authorities of the school district or by the Department of Education of the Commonwealth. 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 a course established under section 2508.3 of the Public School Code of 1949 (24 P. S. § 25-2508.3), a program under the Economic Opportunity Act (42 U.S.C.A. § § 2991—2996l), or 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 he is enrolled.
(3) GA 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 age 21. The date the secondary school or equivalent vocational or technical school records show the youth ended his full-time status as a student or trainee will be the date of his completion or discontinuance of secondary school or an equivalent vocational or technical school.
Authority The provisions of this § 145.63 amended under sections 201(2) and 403 of the Public Welfare Code (62 P. S. § § 201(2) and 403).
Source The provisions of this § 145.63 amended through August 20, 1982, effective August 21, 1982, 12 Pa.B. 2790; amended July 28, 2000, the provisions under Act 49, effective retroactive to September 1, 1994, 30 Pa.B. 3779. Immediately preceding text appears at serial pages (267378) and (259605).
Notes of Decisions The term ‘‘unemancipated minor’’, as used in 55 Pa. Code § 145.62 (relating to definitions), has independent significance as an operative term used in relation to the separate criteria set forth in 55 Pa. Code § 145.63(b). Crager v. Department of Public Welfare, 443 A.2d 1379 (Pa. Cmwlth. 1982).
Cross References This section cited in 55 Pa. Code § 141.21 (relating to policy); and 55 Pa. Code § 291.23 (relating to requirements).
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