§ 171.22. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Assistance unit—A group of persons who occupy a common dwelling unit and who are applying for or receiving TANF, including TANF-U, or GA. There shall be only one assistance unit in a dwelling unit except for the following:(i) Persons or family groups, or both, who are not required by § 171.21(b)(1) (relating to policy) to be in the same grant group, shall constitute separate assistance units:
(A) A roomer, or a roomer and boarder and their dependents with whom they are living—applies to TANF or GA, or both. A roomer or boarder, or both, is one who pays a fixed fee to a provider for service for room or board, or both. Dependent children, such as unemancipated minors, living with their parents or caretaker relatives, are not considered to be roomers or boarders, or both, unless included as members of the family group that is rooming and boarding.
(B) Two or more family groups living together in a common dwelling unit who are not roomers or boarders, or both, if the following conditions are met:
(I) The family groups are eligible to receive TANF—including TANF-U.
(II) Each family group is headed by a person who is a specified relative as defined in § 151.42 (relating to definitions).
(III) The specified relatives share the expenses of the dwelling unit.
(IV) A specified relative is responsible for the care, maintenance and education of different dependent children.
(ii) (Reserved).
Source The provisions of this § 171.22 adopted August 4, 1977, effective August 5, 1977, 7 Pa.B. 2180; amended November 6, 1981, effective November 7, 1981, 11 Pa.B. 3956; amended August 26, 1988, effective November 1, 1988, 18 Pa.B. 3921; reserved April 12, 1991, effective May 1, 1991, 21 Pa.B. 1557; amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3699. Immediately preceding text appears at serial page (157037).
Notes of Decisions Consideration by the Department only of common dwelling arrangements and a joint lease are not enough to deny a claimant’s qualification as a separate assistance unit under this section when the claimant has testified that he pays $20 per week in room and board as a fixed fee rather than sharing household expenses and the hearing examiner, Director of the Office of Hearings and Appeals, and the Secretary of the Department all failed to make a finding of fact on that issue. Rodriguez v. Department of Public Welfare, 464 A.2d 707 (Pa. Cmwlth. 1983).
It is error for the Department to determine general assistance eligibility and allowance by applying a single assistance unit approach merely because the recipient shared a common dwelling and expenses with another recipient without making a determination of actual resources shared between the two assistance recipients in accordance with 62 P. S. § 432.12. Bowmaster v. Department of Public Welfare, 457 A.2d 185 (Pa. Cmwlth. 1983).
The claimant’s own admissions that her boyfriend was living with her, was the father of her unborn child, and regularly provided monies to cover food and other expenses clearly indicate a familial relationship that transcends the status of a mere boarder, and she did not meet her burden of proving lack of resources. Slay v. Department of Public Welfare, 406 A.2d 1214 (Pa. Cmwlth. 1979).
Only one assistance unit is formed within the meaning of 55 Pa. Code § 171.22(i)(a) (relating to definitions) if a daughter is living with her mother, even though the daughter pays a certain amount to her mother each month as rent, since there was no evidence that such amount was in any way binding on either person and the mother was not a ‘‘provider of service.’’ Bond v. Department of Public Welfare, 403 A.2d 1378 (Pa. Cmwlth. 1979).
Cross References This section cited in 55 Pa. Code § 175.22 (relating to definitions).
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