§ 289.3. Requirements.
(a) Eligibility for families with children under age 21. Families with children under age 21 may qualify for emergency assistance, provided all of the following conditions are met:
(1) The child is, or has been within 6 months prior to application for assistance, residing with the relatives specified in § 151.42 (relating to definitions). If the child is residing with an adult other than specified in § 151.42, emergency assistance may be authorized but no Federal financial participation is available.
(2) Resources immediately available to the child are within the need and resource standards as set forth in Subpart D (relating to determination of need and amount of assistance), except that the provisions set forth in Chapter 187 (relating to support from relatives not living with the client) on assignment of support rights do not apply.
(3) The emergency assistance is necessary to avoid destitution of the child or to provide living arrangements for him in a home.
(4) The destitution or need for living arrangements for the child did not arise because the child, if age 16 to 21 not regularly attending school, or such relative refused without good cause to accept employment or training for employment.
(b) Eligibility for individuals or families without children under age 21. Individuals or families without children under age 21 may qualify for Emergency Assistance provided all of the following conditions are met:
(1) The resources immediately available to the needs of the individual or family are within the needs and resource standards as set forth in Subpart D.
(2) The emergency assistance is necessary to avoid destitution of the individual or family or to provide living arrangements for him or them in a home.
(3) The individual’s or family’s destitution or need for living arrangements did not arise because the individual or family member refused without good cause to accept employment or training for employment.
(c) Period of eligibility. Emergency assistance will be authorized only for one period of 30 consecutive days in any 12-consecutive months. The 30-day period begins on the date emergency assistance is authorized. During the 30-day period following the authorization date, shelter costs as described in § 289.4(a)(2) (relating to procedures) may be authorized when required to meet an emergency situation. Although more than one payment may be authorized during the 30-day period, no emergency assistance may be authorized after the 30-day period has expired. An individual or family may again be eligible for emergency assistance 12 months from the date emergency assistance was first authorized.
(1) Exception. Non-AFDC or non-AFDC-CU families with children under age 21, who receive family cash assistance under the provisions of § 289.4(a)(1) for 30 days within a 12-month period, may also be granted emergency shelter need under the provisions of § 289.4(a)(2) for one 30-day period within the same 12-consecutive months. The second emergency assistance authorization in any 12-consecutive month period is solely State funded. However, if a family receives the family cash assistance payment under the provisions of § 289.4(a)(1) and an emergency shelter expense payment under the provisions of § 289.4(a)(2) during the same consecutive 30-day period, a second emergency shelter expense payment may not be authorized until 12 months have elapsed from the date of authorization.
(2) Applicants. Emergency assistance may be authorized at time of initial application for a period not to exceed 30 consecutive days within a 12-consecutive month period.
(3) Recipients. Emergency assistance may be authorized at the time the emergency arises, at the time of redetermination or reapplication if an emergency condition is determined to exist, for a period not to exceed 30 consecutive days provided 12-consecutive months have passed since the date Emergency Assistance was last authorized.
Cross References This section cited in 55 Pa. Code § 289.4 (relating to procedures).
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