§ 183.32. Support.
Support paid by an LRR for a child or spouse, whether it is court-ordered or voluntary, a direct payment to the individual or assigned to the Department, is counted in determining eligibility and treated as follows:
(1) Support, court-ordered or voluntary, received by the individual in the initial budget month is counted in determining that month’s assistance payment.
(2) After the initial authorization, support is collected by the Department and is not counted as income in computing the amount of the monthly assistance payments. The amount of support collected by the Department is used in determining the continued eligibility of the budget group.
(3) The payee of the support payment is required to remit to the Department support payments received after the initial budget month assistance payment. Upon written notification from the Bureau of Child Support Enforcement that the caretaker/relative is not cooperating with the support requirements by failing to remit court ordered or voluntary support payments, the caretaker/relative is removed from the budget group for the first payment month that can be affected.
(4) Support received on behalf of the budget group members by the caretaker/relative during the period of the sanction for failure to cooperate with the support requirements under § 141.21 (relating to policy) is counted as income when computing the amount of the monthly assistance payment.
(5) Support received by the caretaker/relative for his needs during the period of the sanction for failure to cooperate with the support requirements under § 141.21 is deemed available to the budget group under § 183.91 (relating to LRR, parent of an TANF minor parent and stepparent deductions). The income deemed from the LRR is added to other countable income of the budget group and is adjusted to the budget group’s monthly assistance payment.
(6) If the client states that voluntary support is no longer being paid and attempts to verify the statement are nonproductive, or if there is a conflict in statements of the two parties involved and no documentation is available to prove either statement, the client’s statement is accepted and eligibility exists for the caretaker/relative.
Authority The provisions of this § 183.32 amended under sections 201(2), 403(b) and 432 of the Public Welfare Code (62 P. S. § § 201(2), 403(b) and 432); the Support Law (62 P. S. § § 1971—1977); Titles I and III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193) (PRWORA), creating the Temporary Assistance for Needy Families (TANF) Program, and amending 42 U.S.C.A. § § 601—619, 651—669(b) and 1396u-1; section 5543 of the Balanced Budget Act of 1997 (Pub. L. No. 105-33) (42 U.S.C.A. § 653(p)); the Federal TANF regulations in 45 CFR 260.10—265.10; and the Domestic Relations Code, 23 Pa.C.S. § § 4301—4381, 5103, 7101—7901 and 8101—8418.
Source The provisions of this § 183.32 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3921; amended March 19, 1993, effective upon publication and applies retroactively to March 7, 1992, 23 Pa.B. 1315; amended September 13, 2002, effective September 14, 2002, 32 Pa.B. 4435. Immediately preceding text appears at serial pages (252593) to (252594).
Cross References This section cited in 55 Pa. Code § 183.33 (relating to contributions); and 55 Pa. Code § 183.34 (relating to income of a child).
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