§ 11.5. Adjudication procedures.
(a) Applications for grants will be evaluated according to the eligibility requirements set forth at 51 Pa.C.S. § 7319 (relating to military family relief assistance) and evaluation criteria provided in this chapter, subject to the availability of funds and the exercise of the approval authority’s discretion in evaluating the relative priority of requests if funds are not sufficient to satisfy all eligible requests.
(b) As required by 51 Pa.C.S. § 7319, applicants must demonstrate that they have a direct and immediate financial need for assistance as a result of circumstances beyond the control of and not as a result of misconduct by the service member.
(c) Grants may be awarded for purposes such as: food, rent, utilities, emergency transportation and vehicle repair, medical/dental expenses, short-term personal needs when pay is delayed or stolen, emergency home repairs necessary to maintain habitability of essential areas, as well as other emergency needs at the discretion of the approval authority.
(d) Grants may also be awarded if it is demonstrated that financial need is caused by one or more of the following:
(1) A sudden or unexpected loss of income, real or personal property, assets or support directly related to the military service of, or exigent circumstances affecting the service member.
(2) The need for travel, lodging and subsistence for which the applicant lacks financial resources as a result of:
(i) The death or critical illness of an eligible service member’s parent or parent-in-law, spouse, sibling or sibling-in-law, or child.
(ii) The wounding of a service member in the line of duty sustained as a result of combat or attack resulting in an immediate need for funds for travel, lodging, subsistence or other activities directly related to the casualty. No more than two eligible relatives of an eligible service member may receive assistance for travel under the term ‘‘eligible relative of an eligible service member’’ as defined in § 11.3 (relating to definitions).
(e) A natural or manmade disaster or other exigent circumstances resulting in the deprivation of food, shelter, or other necessities of life.
(f) Emergency need for childcare for dependent children.
(g) It is recognized that neither 51 Pa.C.S. § 7319 nor this chapter can describe every possible scenario that might result in eligible service members or their relatives having an immediate and direct financial need as a result of circumstances beyond the control of and not as a result of misconduct by the service member. Applicants may qualify for grants when they demonstrate the existence of financial need related to military service coupled with exigent circumstances where the failure to obtain assistance will substantially deter the service member from meeting his or her military obligations. The following situations are examples:
(1) Failure to receive pay and allowances in a timely manner because of errors in military pay systems where circumstances exist precluding casual payment or advance payment.
(2) Loss of income as a result of permanent change of station or extended temporary duty causing member and family to move.
(3) Loss of employment of spouse due to member’s service, extended temporary duty or deployment.
(4) Unusual health care costs incurred by the eligible service member or dependents which are not covered by TRICARE insurance or other government sources.
(5) The eligible service member or dependents are victims of crimes that result in loss of income, property or credit (for example, identity theft and the like).
(6) The special needs of an eligible service member or dependents result in a need for assistance that cannot be met as a result of the eligible service member’s military service.
(7) The death of a relative of an eligible service member resulting in increased costs or sudden, unexpected loss of income or support.
(h) Examples of situations where assistance would be inappropriate include grants for any of the following:
(1) Pay for nonessential items or finance vacations.
(2) Pay fines or legal expenses in criminal matters.
(3) Assist with home purchase down payment or financing or home improvements (unless directly related to disability incurred during a qualifying period of military service).
(4) Pay bills incurred in purchase of nonessential items.
(i) The criteria that will be considered in determining whether to approve applications for assistance include, but are not limited to any of the following:
(1) Nature of assistance requested.
(2) Degree of financial hardship.
(3) Current family income.
(4) Current debts and obligations.
(5) Number of dependents.
(6) Connection between financial hardship and service member’s active-duty status.
(7) The cause of the financial hardship and its relationship, if any, to the negligence or fault of the applicant in managing income and assets.
(8) Change in income (based on military active duty or military medical separation).
(9) Changes in employment and income status of dependents related to service member’s active-duty status.
(10) Increased expenses due to service member’s active duty.
(11) Military pay problems.
(12) Other issues of financial hardship related to service member’s active duty.
(13) Bankruptcy filed or pending.
(14) Pending disciplinary action (service member only).
(15) Length of military duty.
(16) Other aid available or received, or both.
(17) Amounts and dates of any grants previously awarded to the applicant from this fund.
(j) Limitations on grant approval.
(1) Only one grant will be awarded to address a need arising out of the same event to either the eligible service member or the eligible relative of the eligible service member, but not to both.
(2) Where an applicant is eligible for both the program and VTA, the program application shall be pursued due to the higher potential amount of grant assistance. In no case will program assistance be granted concurrently with VTA to address a need arising out of the same event.
(3) In no case will assistance be approved for an applicant who is determined by the bureau to have concealed relevant information or supplied fraudulent information in a current or previous application.
(4) In no case will assistance be granted to an applicant who the bureau determines used a previous grant for unlawful, illegal, or unapproved purposes.
(k) Notification of determination. The bureau shall notify applicants of its determination in writing within 5 business days of the receipt of a fully developed application. An application is fully developed when all the information and supporting documentation needed for adjudication has been submitted or gathered.
(1) If the application is approved, the notification will include a check issued by the Commonwealth in the amount of the need for assistance. Checks shall be mailed to the address provided by the applicant on the application form.
(2) If the application is disapproved, the notification will clearly state the reasons for the disapproval and inform the applicant of the appeal procedures specified in § 11.7 (relating to appeal procedures).
Cross References This section cited in 43 Pa. Code § 11.7 (relating to appeal procedures).
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