§ 175.23. Requirements.
(a) Basic allowances. Allowances used in computing the grant are dependent on the number of persons to receive assistance and the county in which they live. Each time the family size allowances are revised, the Department will announce the revised allowances by a notice submitted for publication in the Pennsylvania Bulletin and recommended codification in the Pennsylvania Code.
(Editor’s Note: The Family Size Allowances Table has been relocated to Chapter 183 Appendix B, Table 3. See 20 Pa.B. 554 (February 3, 1990). Immediately preceding text appears at serial page (130487).)
(b) Special items.
(1) General. Special items generally will conform with the following:
(i) Appropriate allowances for special items will be included in computing the grant for any client whose circumstances are as defined in this section. A recurring allowance for any of these items may be included in the regular grant. When a recurring allowance is included in the regular grant, the special allowance and need must be explained as set forth in § 227.24(d)(2) (relating to procedures) on every Form PA 122 authorizing changes to that case during the entire period the special allowance is included in the grant. This will include those changes that may not affect the grant such as change of name or address.
(ii) ‘‘One-time’’ grants will be authorized for all nonrecurring allowances in accordance with § 227.24(d). A one-time grant may be a prepayment or may be authorized after the item or service has been received and the correct amount determined, whichever method better suits the individual case. When authorizing a one-time grant, an explanation of the special allowance as set forth in § 227.24(d)(2) must also be included on the Form PA 122 or Form PA 122-E authorization and every future one-time grant for that case during the entire period the special allowance will be included in the regular grant.
(iii) Individuals have a right to receive corrective payments when they have been underpaid due to agency error or delay. In cases, corrective payment shall be made promptly, so that the client will receive the check for the corrective payment within 30 calendar days from the date of verification of the underpayment.
(iv) [Reserved].
(v) In most instances, as specified in this section, these allowances must be approved by the Executive Director or his delegate before the Form PA 122 or Form PA 122-E is authorized. In districted counties the District Director is considered a delegate. If the Executive Director must delegate this authority, it should be to an immediate assistant, but no lower than a second level supervisor.
(vi) It is essential that County or District Offices have approval procedures that insure a prompt review and decision for all one-time grants requiring prior approval.
(2) Transportation for necessary medical care or to obtain prescription drugs.
(i) Ambulance services. For ambulance service see Chapter 1245 (relating to ambulance transportation).
(ii) Nonemergency transportation to medical care for prescription drugs. Services are available to clients who have no other means of transportation to or from a source of necessary medical care or to obtain prescription drugs through counties and prime contractors funded by the Public Assistance Transportation Block Grant. See Chapter 2070 (relating to eligibility for services funded through the public assistance transportation block grant).
(3) Other special transportation needs. Actual minimum cost of transportation and necessary related expenses which cannot be met from other resources will be authorized as a one-time grant or included in the computation of the grant if one or more of the following circumstances exist:
(i) A client who has not received a moving allowance for any reason within the previous 12 months and must move due to a verified health hazard, such as but not limited to unsanitary plumbing conditions, exposed wiring, Department of Environmental Resources certification of polluted drinking water, rat infestation, as confirmed by a housing inspector, IMU worker observation of the condition of the home or other documentation. The client must provide verification, on a document provided by the Department, from a physician which clearly states the client must move because the current residence which is unfit for habitation is contributing to or causing specific health problems. The moving allowance must be approved by the Executive Director or his delegate before the Form PA 122 or Form PA 122-E will be authorized as set forth for SSI clients in § 297.3(1) (Reserved). Note: For purposes of determining eligibility for a transportation allowance, a rent escrow account refunded to a recipient shall be regarded as a resource available to meet the cost of transportation and necessary related expenses. Allowance for transportation will conform with the following:
(A) The cost of transportation includes transportation of clients and their household effects, not storage, to their new residence and any necessary expenses related to transportation enroute. The most acceptable method of determining actual minimum cost of transportation is to have the client secure bids from Pennsylvania Public Utility Commission licensed moving companies. Only two bids are required.
(B) Payment of a moving allowance is limited to no more than once in a 12-month period and shall not exceed $200 and is used to cover transportation and labor.
(C) Payment for transportation will not be made for moves by unlicensed moving companies, except in the following situations:
(I) Moves out of this Commonwealth applicable only to individuals relocating to accept gainful, permanent employment under subsection (c).
(II) Moves by bona fide associations of their members.
(III) Moves by household members.
(D) For the client who prefers to rent a truck and move himself with the assistance of friends or relatives, the following conditions apply:
(I) The truck must be leased from a commercial rental organization such as U-Haul or Ryder.
(II) The original lease for the transportation must be between the client or a member of the client’s immediate household and the rental organization.
(III) The role of friends and relatives or any other unlicensed persons will be limited to providing labor for moving.
(IV) The cost for moving the client will be limited to the actual costs of truck rental and labor subject to a single maximum grant of $200 in a 12-month period.
(V) If the total cost for this method is less costly than by a moving company, it will be accepted as meeting the minimum cost. It will not be necessary to secure bids for this method.
(ii) A client requires transportation to apply for or accept employment, or as part of a plan for decreasing his need for assistance, subject to a maximum of $250 per month. This allowance must be approved by the Executive Director or a delegate before the Form PA 122 or PA 122-E will be authorized and may not exceed 1 month unless reapproved. For an allowance for other expenditures related to the purposes of this subparagraph, reference should be made to subsection (c).
(iii) A client needs transportation to get to the place where he is to have medical or psychological examination the Department is requiring of him. The method of payment may be by payment of invoice as well as by Central Office or county disbursement.
(iv) A client is applying for the admission of his dependent child to a secondary vocational school, which is not part of the public or parochial school system, and a required trip is part of the application procedure.
(v) An AFDC dependent unemancipated minor, reasonably expected to complete the program before age 19, must provide and pay for transportation to attend a secondary school or an equivalent vocational or technical training school which is not part of the public or parochial school system.
(vi) A client needs transportation which is not covered in subparagraph (ii).
(A) This transportation must be to a source of necessary medical care which, because of very unusual circumstances, requires an exceptional transportation service, as defined in § 2070.4 (relating to definitions), not covered by the Public Assistance Transportation Block Grant.
(B) This transportation must be part of an agency’s or institution’s plan for treatment of the recipient, his spouse, parent, substitute parent or child.
(C) This allowance must be approved by the Executive Director or his delegate before the Form PA 122 or Form PA 122-E is authorized and must not exceed 1 month unless reapproved.
(vii) A client is a member of a Citizens Advisory Committee, CBA or State, and money is needed for any of the following expenses to enable him to attend committee meetings, in which case this allowance must be approved in advance by the Executive Director or his delegate. If circumstances are such that the client needs ready cash, this allowance may be paid from the Petty Cash Fund as set forth in § 229.24(e)(9) (relating to procedures). This allowance must be approved by the Executive Director or his delegate before the Form PA 122 or PA 122-E is authorized. The following is a list of allowable expenses:
(A) Transportation.
(B) Lodging.
(C) Meals.
(D) Child care for children less than 14 years of age.
(viii) [Reserved].
(ix) Transportation allowance for children to participate in Outreach Screening, according to Financial Code 112 or 113.
(4) Clothing and personal care items. If a client who is to be admitted to a rehabilitation center, tuberculosis sanatorium or residential school does not have the initial supply of specified clothing and personal care items required as a condition of admission, a one-time grant will be made. The amount will be determined as follows:
(i) Identify the items, and the required number of units of each such item that the client must buy and take with him at the time of admission.
(ii) For those identified items shown on the following list, total the prices for the required number of units.
(iii) For the purpose of meeting the cost of incidental items not included on the following list, add $1 for a child under 16 years of age entering a tuberculosis sanatorium or residential school, or $2 for another person entering a sanatorium, rehabilitation center or residential school.
Clothing and Personal Care Items For A Person To Be Admitted to A
Rehabilitation Center, Tuberculosis Sanatorium or Residential School
Men Item Unit Price(in dollars) Bathrobe 7.00 Belt or Suspenders 2.00 Gloves - Work .50 Handkerchief .30 Jacket or Coat (Winter) 19.00 Jacket or Coat (Summer) 9.00 Overcoat 33.00 Pajamas 4.00 Rubbers 2.20 Shirt - Short Sleeve 1.90 Shirt - Street 3.00 Shirt - Work 2.20 Shoes - Street 8.00 Slacks or Pants - Street 8.80 Slacks or Overalls - Work 2.90 Slippers - Bedroom 3.00 Slippers - Shower 1.40 Socks .40 Sweater 6.00 T-Shirt .90 Undershirt .60 Undershorts .80 Dentifrice .50 Face Cloth .20 Laundry Bag 1.00 Razor 1.00 Razor Blades .30 Toothbrush .30 Towel .80
Women Item Unit Price (in dollars) Bathrobe or Housecoat 4.80 Bedjacket 3.00 Blouse 3.00 Brassiere 3.00 Coat 28.00 Dress - House 3.00 Dress - Street 7.00 Garters .50 Girdle or Corset 6.00 Gloves 2.00 Handkerchief .30 Nightgown - Cotton 2.80 Pajamas 4.00 Panties .60 Rubbers 2.50 Shoes - Street 7.00 Skirt 5.00 Slacks, Shorts or Pedal Pushers 3.20 Slip - Cotton 2.00 Slippers - Bedroom 2.00 Slippers - Shower 1.90 Socks - Cotton .50 Stockings - Nylon .90 Sweater 5.50 Brush 1.00 Comb .30 Dentifrice .50 Face Cloth .20 Laundry Bag 1.00 Toothbrush .30 Towel .80 Children Under 16 Years of Age
Boys Item Unit Price (in dollars) Bathing Trunks $1.80 Bathrobe 4.80 Cap - Wool 2.00 Dungarees 2.20 Galoshes 4.80 Gloves 2.80 Gym Suit (Shorts and Sweatshirt) 2.40 Handkerchief .30 Jacket - Cotton Twill 2.80 Mackinaw or Peacoat 9.00 Pajamas 2.20 Shirt 2.00 Shirt - Polo 1.10 Shoes 7.70 Shorts - Cotton 1.70 Slacks - Cotton 2.90 Slacks - Corduroy 4.40 Slippers 3.40 Sneakers or Sandals 3.80 Socks .60 Sweater - 8-18 3.80 Undershirt .50 Undershorts .50 Dentifrice .50 Face Cloth .20 Laundry Bag 1.00 Toothbrush .30 Towel .80
Girls Item Unit Price (in dollars) Bathrobe $ 3.90 Bathing Suit 4.00 Blouse 1.90 Boots 4.80 Brassiere 1.00 Coat - (Winter, Tailored-type) 22.60 Dress - Cotton 4.00 Dress - Rayon, Dress-Up 7.40 Dungarees 2.60 Garter Belt 1.20 Gym Suit 2.70 Gloves 1.80 Handkerchief .30 Nightgown 1.90 Pajamas 2.50 Panties .50 Playsuit 2.80 Shoes - Oxfords 5.70 Skirt 4.80 Slip - Cotton 1.90 Slip - Nylon Tricot 2.90 Slippers 2.80 Sneakers or Sandals 3.60 Socks .50 Stockings, Nylon .90 Sweater, Under size 12 2.80 Sweater, Size 12 and up 3.80 Vests .60 Brush - Hair 1.00 Comb .30 Dentifrice .50 Face Cloth .20 Laundry Bag 1.00 Toothbrush .30 Towel .80 (5) Medical and surgical supplies. Generally, payment for medical and surgical supplies will be made to the vendor by the invoice method as set forth in § 175.74 (relating to procedures). However, if an individual has a recurring need for hearing aid batteries, or if the cost of servicing or maintaining a hearing aid can be determined on a recurring basis, the actual minimum cost may be included in computing the grant.
(c) Grants to decrease need for assistance. A grant to decrease need for assistance shall conform with this subsection. General grant requirements are as follows:
(1) To qualify for a grant to decrease need for assistance, the client shall be receiving a Cash Assistance grant or meet the eligibility requirements to receive one.
(2) This grant may not be used to provide for an item that is available from another public source, such as the State Bureau of Vocational Rehabilitation.
(3) If a recurring allowance is included in the regular grant, it may not exceed the categorical time limits in § 133.23(a) (relating to requirements) without approval.
(d) Grants to relocate minor parents. A grant to relocate the minor parent and the dependent child may be provided if the following requirements are met:
(1) The minor parent does not meet an exception under § 141.21(q) (relating to policy).
(2) The parent, legal guardian or other adult relative lives at another location within the State or in another state.
(3) The minor parent and dependent child are not being forced to return to living conditions that are not in their best interest. Payment will not be authorized until the minor parent verifies she has permission to reside in the parent’s, legal guardians’ or other adult relative’s home.
(4) The allowance for transportation is for the most economical and practical means of travel required to meet the minor parent’s and dependent child’s needs.
(5) Another allowance for transportation has not been issued within the last 12-month period.
(e) Grant reduction. The family size allowance, plus special need allowance, shall be reduced by the amounts obtained by cashing an assistance check at a gambling casino, racetrack, bingo hall or other establishment that derives more than 50% of its gross revenues from gambling.
Authority The provisions of this § 175.23 issued under sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. § § 201(2) and 403(b)); amended under section 403(b) of the Public Welfare Code (62 P. S. § 403(b)).
Source The provisions of this § 175.23 adopted August 4, 1977, effective August 5, 1977, 7 Pa.B. 2180; amended May 5, 1978, effective August 6, 1977, 8 Pa.B. 1286; amended May 19, 1978, effective May 20, 1978, 8 Pa.B. 1412; amended February 9, 1979, effective March 12, 1979, 9 Pa.B. 502; corrected March 2, 1979, effective March 12, 1979, 9 Pa.B. 744; amended July 11, 1980, effective September 10, 1980, 10 Pa.B. 2981; amended October 17, 1980, effective December 17, 1980, 10 Pa.B. 4098; amended January 23, 1981, effective March 25, 1981, 11 Pa.B. 412; amended July 9, 1982, effective July 10, 1982, 12 Pa.B. 2173; amended September 10, 1982, effective November 1982, 12 Pa.B. 3093; amended November 19, 1982, effective July 1, 1982, 12 Pa.B. 3975; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1259; amended September 23, 1983, effective October 1, 1983, 13 Pa.B. 2876; amended August 31, 1984, effective August 30, 1984, 14 Pa.B. 3159; corrected August 5, 1988, effective November 8, 1986, 18 Pa.B. 3432; amended August 26, 1988, effective November 1, 1988, 18 Pa.B. 3921; amended April 12, 1991, effective May 1, 1991, 21 Pa.B. 1557; amended October 2, 1992, effective upon publication and apply retroactively to October 1, 1989, 22 Pa.B. 4875; amended August 14, 1998, effective immediately and apply retroactively to March 3, 1997, 28 Pa.B. 3939; amended July 28, 2000, the provisions under Act 35, effective retroactive to June 17, 1996, 30 Pa.B. 3779. Immediately preceding text appears at serial pages (252582) and (247313) to (247320).
(Editor’s Note: The amendment made to this section at 21 Pa.B. 1557 (April 13, 1991) was promulgated under section 6(b) of the Regulatory Review Act (71 P. S. § 745.6(b)).)
Notes of Decisions Fact that DPW characterized its transportation allowances as medical transportation was not determinative of the legal issue as to whether the allowance was required under subsection (b)(2) rather than subsection (b)(3); therefore, the issue on appeal was not whether petitioner was entitled to medical transportation reimbursement, but whether petitioner was entitled to any transportation reimbursement under subsection (b)(3). Ricci v. Department of Public Welfare, 477 A.2d 925 (Pa. Cmwlth. 1984).
Supplemental Security Income recipients are entitled to medical transportation benefits under this section. Kniepkamp v. Department of Public Welfare, 477 A.2d 927 (Pa. Cmwlth. 1984).
A general assistance recipient required to vacate his apartment is not entitled to a special grant in the form of a moving allowance when the recipient uses a commercial moving company which is not PUC-licensed and the type of move does not fit within one of the exceptions specified in 25 Pa. Code § 175.23 allowing the use of unlicensed moving companies. Coleman v. Department of Public Welfare, 425 A.2d 1194 (Pa. Cmwlth. 1981).
Since the recipient was financially unable to keep her house adequately heated, and the inability to keep the house heated was detrimental to her health, the DPW erred in denying a one-time grant for her moving costs on the basis that the house could be kept adequately warm if she were willing to spend more money for more heating oil. Felker v. Department of Public Welfare, 411 A.2d 1297 (Pa. Cmwlth. 1980).
It is not an abuse of discretion for the DPW to interpret its regulations narrowly such that one-time cash grants to cover moving expenses will be paid if the home itself is detrimental to the health and welfare of the recipients but will not be paid if it is the location of the home that is detrimental. Hart v. Department of Public Welfare, 409 A.2d 1192 (Pa. Cmwlth. 1980).
A petitioner was not ordered to vacate her home within the meaning of 55 Pa. Code § 175.23(b)(3)(i) (relating to requirements) since the eviction notice in question clearly stated that it could be avoided by the payment of past due rent and was essentially a notice that the rent had not been paid and a warning of the consequences of a continued failure to pay. Hendricks v. Department of Public Welfare, 402 A.2d 288 (Pa. Cmwlth. 1979).
Cross References This section cited in 55 Pa. Code § 141.21 (relating to procedures); 55 Pa. Code § 141.42 (relating to definitions); 55 Pa. Code § 141.41 (relating to policy); 55 Pa. Code § 147.24 (relating to procedure); 55 Pa. Code § 153.42 (relating to definitions); 55 Pa. Code § 175.21 (relating to policy); 55 Pa. Code § 175.24 (relating to procedures); 55 Pa. Code § 175.23 (relating to definitions); 55 Pa. Code § 187.22 (relating to definitions); 55 Pa. Code § 227.24 (relating to procedures); 55 Pa. Code § 229.24 (relating to procedures); 55 Pa. Code § 255.4 (relating to procedures); 55 Pa. Code § 275.4 (relating to procedures); 55 Pa. Code § 289.4 (relating to procedures); 55 Pa. Code § 1245.51 (relating to general payment policy); and 55 Pa. Code § 2070.5 (relating to exceptional transportation).
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