§ 2.3. Issuance of certificate (Form REV-1601).
(a) The issuance of EIP certificates and verification of entitlement thereto is the responsibility of the Department of Public Welfare. The criteria for issuance of EIP certificates is established by the act of December 19, 1985 (P. L. 356, No. 102) (72 P. S. § 8701-A) and by 55 Pa. Code (relating to Public Welfare).
(b) An EIP Program Certificate shall be issued upon request to an employer who hires a person who is receiving Temporary Assistance to Needy Families or any form of General Assistance at the time of employment. The employer shall request the certificate from the Department of Public Welfare in writing no later than 21 days following the actual date upon which the newly-employed welfare recipient began work. Requests shall be considered to be timely in compliance with this subsection if either:
(1) Received on and date-stamped by a Department of Public Welfare-approved facsimile machine, computer or other electronic device no later than 21 days following the actual date the person began work.
(2) Postmarked by the United States Postal Service no later than 21 days following the actual date the person began work.
(c) An employer may not request an EIP certificate for the employment of the following persons:
(1) A person who displaces another individual, unless the individual was discharged for cause as certified by the Office of Employment Security.
(2) A closely related person to the employer.
(3) A domestic or other household employe in the home of the employer.
(4) Subject to the provisions of subsection (d), a person for whom the employer is simultaneously receiving Federal or State funded job training payments.
(5) An individual who is the employer, such as self-employed.
(6) A shareholder who owns more than 50% of the value of the outstanding stock of the employing corporation, bank, savings institution, company, insurance company or mutual thrift institution.
(7) A member of an employing partnership.
(8) An employe of an estate or trust if the employe is a grantor, beneficiary or fiduciary of the estate or trust.
(d) If for a period an employer receives State or Federally funded payments for on-the-job training for an employe, none of the wages paid to that employe for the training qualify for EIP credit. Wages paid to the employe after completion of the State or Federally funded job training may qualify for EIP credit. In such cases, the EIP certificate shall be requested in writing under subsection (b) no later than the date upon which the employe begins training.
(e) Within 30 days of the date of issuance of the EIP certificate by the Department of Public Welfare, the employer shall forward a copy of the completed certificate to the Department.
Authority The provisions of this § 2.3 amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186); section 491 of the Public Welfare Code (62 P. S. § 491); section 1701-A(e) of the Tax Reform Code of 1971 (72 P. S. § 8701-A(e)); and section 6 of the Fiscal Code (72 P. S. § 6).
Source The provisions of this § 2.3 adopted July 16, 1982, effective July 17, 1982, 12 Pa.B. 2292; amended October 28, 1988, effective October 29, 1988, 18 Pa.B. 4866; amended August 22, 1997, effective August 23, 1997, 27 Pa.B. 4322. Immediately preceding text appears at serial pages (131507) to (131508).
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