§ 147.23. Requirements.
(a) Residence requirements. Residence is established by a person living in this Commonwealth voluntarily with the intention of making his home here, and not for a temporary purpose. Temporary absences from this Commonwealth will be treated as specified in subsection (c).
(b) Place of application. Place of application requirements are as follows:
(1) A person residing in his county of residence shall apply to that CAO and assistance shall be authorized by that office.
(2) A person temporarily in a county other than his county of residence may make application to the other CAO. His eligibility and need shall be determined on the basis of his situation as it exists in the county in which the application is being made. When the person states he is returning to his county of residence, the procedures in § 147.24(a)(4) (relating to procedure) will apply.
(c) Temporary absences from this Commonwealth. The absence of a recipient from this Commonwealth for a period of 30 days or longer shall be prima facie evidence of the intent of the recipient to have changed his residence to a place outside this Commonwealth unless:
(1) The recipient is prevented by illness or other good cause from returning to this Commonwealth at the end of the 30 days.
(2) The recipient has not acted to establish residence elsewhere. If the recipient is claiming that he is prevented from returning to this Commonwealth at the end of 30 days, he shall provide evidence of the circumstances which prevented the return. In order to rebut the prima facie evidence of intent to have changed residence, all AFDC recipients who do not claim illness or good cause but who claim Pennsylvania residency despite absences of 30 days or more shall provide proof that:
(i) They intend or intended to remain residents.
(ii) They will return or have returned to this Commonwealth when the purpose of their absences are or were accomplished.
(d) Absence from county of residence. The requirement for absence from county of residence will be as follows:
(1) Temporary absence from county of residence. A recipient who leaves his county of residence and goes to another Commonwealth county will be considered temporarily absent if he is expected to return within 3 months.
(2) Permanent move to another Commonwealth county. If a resident makes a permanent move to another Commonwealth county and continues to be eligible, assistance will be continued to him at his new address by the county of origin for 2 semimonthly payments (1 monthly for SBP).
(e) Temporary assistance to nonresidents. If a nonresident wants to return to his home state or go to another state where he intends to establish his residence and has a definite plan for self-support in that state, he is eligible for assistance as set forth in § 147.24(b). Self-support includes a resource the person has that will meet his needs, such as employment, help from agencies in the other state, income from friends or relatives, and the like.
(f) Verification. Verification of residence will consist of proof that the person meets the requirements of § 147.41 or § 147.61 (relating to AFDC residence policy; and GA residence policy). In addition to the person’s statement that he intends to maintain Commonwealth residence, proof of address must be seen before authorization of assistance. The proof may include, but is not limited to, rent receipts or affidavit from a person other than the applicant, receipts for mortgage or utility payments, deed, voter registration or driver’s license.
Source The provisions of this § 147.23 amended through July 9, 1982, effective July 10, 1982, 12 Pa.B. 2172. Immediately preceding text appears at serial pages (64929) to (64930).
Cross References This section cited in 55 Pa. Code § 108.7 (relating to requirements subject to waiver); 55 Pa. Code § 147.24 (relating to procedure); 55 Pa. Code § 227.24 (relating to procedures); and 55 Pa. Code § 299.36 (relating to eligibility requirements for SSP-only).
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