§ 153.45. Joint or shared custody eligibility determination—statement of policy.
(a) Cash assistance eligibility.
(1) In defining absence, emphasis was placed on the amount of time spent with each parent rather than on the nature of the absence and the effect on the care and control of the child. Effective with this statement of policy, treatment of a joint or shared custody situation is no different from that of a regular custody situation. The parent who requests assistance for himself, and his children is designated as the caretaker relative and the other parent is considered the absent parent under § 153.44(a) (relating to procedures). The caretaker relative shall comply with TANF requirements to etablish TANF eligibility including taking support actions.
(2) In joint or shared custody situations, when both parents are determined cash eligible, one parent will be designated as the caretaker relative to receive TANF as the payment name for the children’s benefit and be included on the TANF grant. The TANF grant is to meet the children’s needs for the entire period not just when in the physical custody of the parent designated as the payment name. It is not the responsibility of the CAO to mediate disputes between the parents as to the use of the grant.
(3) If the caretaker relative fails or refuses, without good cause, to cooperate in obtaining support, the caretaker relative shall be ineligible for TANF but benefits to the TANF dependent children may not be delayed, denied or terminated because a caretaker relative fails to comply with the support requirements under § § 141.21(e) and 187.24(b)(1)(ii) (relating to policy; and reserved).
(4) Special arrangements for physical custody of a child on holidays, birthdays, vacations and similar special occasions will be considered as regular visits to the absent parent.
(5) For consistency these requirements will be extended to GA children also.
Example of a joint or shared custody situation:
Mr. and Mrs. Greene, who are divorced, are under a joint custody court order for the custody of their two children. The children live with each parent every other week. Mrs. Greene applies for cash assistance for herself and the two children, because her U. C. benefits are now exhausted and she has no other income. Mrs. Greene is designated the caretaker relative and Mr. Greene the absent parent. Mrs. Greene complies with all eligibility requirements and AFDC is authorized for her and the two children.
(b) Food stamp eligibility. The authorized parent will be told of his responsibility to see that the food coupons he receives for the child will be used to purchase food in order to meet the child’s needs throughout the month, and not just when the child is in the physical custody of the parent receiving the food coupons.
Source The provisions of this § 153.45 adopted August 26, 1988, effective September 1, 1988, 18 Pa.B. 3850.
APPENDIX A
[Reserved]
Source The provisions of this Appendix A reserved July 11, 1986, effective July 12, 1986, 16 Pa.B. 2524. Immediately preceding text appears at serial page (97848).
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