(a) In addition to
the specific requirements referred to in §§
141.41 and
141.61 (relating to policy; and
policy), certain actions will be conditions of eligibility for TANF or GA when
an absent parent is involved.
(b)
Generally, an assistance unit will be considered for TANF assistance if there
is a missing parent which results in deprivation of parental support or care as
described in Chapter 153 (relating to deprivation of support or care). However,
if the applicant is an unemancipated minor as set forth in §
145.63 (relating to requirements)
who is not eligible for TANF only because of not living with a specified
relative, the applicant may qualify for GA. Requirements for obtaining child
support will apply in either instance.
(c) As a condition of eligibility for TANF,
each applicant/recipient parent, guardian or other caretaker/relative with whom
the child is living shall cooperate in the referral process for securing
support for children from absent parents prior to the application interview
unless good cause is claimed in accordance with subsection (d). Dependent upon
household situations, the individual responsible for cooperating is as follows:
(1) When an emancipated minor child,
determined to be a specified relative, is living with the emancipated minor
child's recipient parent and is included in the grant, the parent shall carry
the responsibility for meeting child support requirements.
(2) When an unemancipated minor child,
determined to be a specified relative, is the payment name and receiving
assistance for herself and children, the unemancipated minor will be considered
to be the caretaker/relative and shall carry responsibility for meeting child
support requirements.
(3) When
court ordered support in the form of alimony is received, due or accrued on
behalf of the TANF applicant/recipient parent, guardian or other caretaker or
GA applicant/recipient, child support requirements will apply. Reference should
be made to §
187.23 (relating to
requirements).
(d) For an
applicant/recipient who is a caretaker/relative, as defined in §
151.42 (relating to definitions)
the following is required:
(1) Cooperation
with the Department, including the keeping of scheduled appointments with
applicable offices, appearing as a witness in court or at other hearings or
proceedings necessary to obtain support from the absent parent, in establishing
the paternity of a child born out-of-wedlock, identifying and locating the
absent parent and obtaining support payments as provided under §
187.23.
(i) An exception to paragraph (1) is that if
the applicant/recipient parent or other caretaker is able to establish good
cause for refusing to take support or paternity action, or both, against the
absent parent or putative father because to do so would not be in the best
interest of the child, cooperation requirements will be waived as set forth in
§ 187.23(a)(3).
(ii) The
following provisions relate to procedures to waive cooperation requirements:
(A) The applicant/recipient parent or other
caretaker will be provided a written notice of the right to claim good cause as
an exception to cooperation requirements, Form PA 173-WP. The notice will
outline the circumstances under which good cause may be claimed and the
responsibility of the applicant/recipient to provide the evidence or other
information needed by the CAO to make a determination as to whether good cause
exists as set forth in § 187.23(a)(3).
(B) The CAO will provide each TANF
applicant/recipient parent or other caretaker the opportunity to claim good
cause prior to requiring cooperation. When the applicant/recipient initiates a
claim and is subsequently able to establish that good cause for refusing to
cooperate does in fact exist, cooperation requirements will be waived. If the
applicant/recipient is unable to meet the requirements applicable to a good
cause determination, the claim will be denied and cooperation requirements as
set forth in §
187.23(a)(2) will
become applicable.
(2) Furnishing a Social Security Number, or
proof of making application for a Social Security Number, for the family
members for whom assistance is to be granted or is being received. The Social
Security Number will be used for identification purposes in the administration
of the child support program. If a Social Security Number is needed and no
application has been made, it will be the responsibility of the CAO to fill out
and submit the SSA-5. Exception: The caretaker/relative of a newborn child does
not have to apply for a Social Security Number prior to authorization of
benefits for the child subject to §
133.23(b)(4)
(relating to requirements).
(e) Failure to cooperate in establishing
paternity or obtaining support, as specified in §
187.23, without good cause, will
result in the reduction of the cash assistance allowance by 25%.
(f) When a person is providing information to
locate an absent parent, the necessity to provide detailed information not
immediately known cannot be made a condition of eligibility. If a relative
provides all available information and cooperates in establishing a reasonable
plan to locate the absent parent, assistance may not be denied because the
relative is unable to furnish complete information.
(g) A person denied assistance because of
failure to meet the conditions of eligibility as set forth in this section has
the right to appeal and a fair hearing as provided under Chapter 275 (relating
to appeal and fair hearing and administrative disqualification
hearings).
(h) An
applicant/recipient who is a caretaker relative of a child whose eligibility
for assistance is based on deprivation due to the absence of a parent from the
home, who fails to cooperate with the Department in obtaining support payments
for the child, unless failure was for good cause, is not eligible to receive GA
for himself only. Assistance for the child will be authorized in the form of
protective payments. Notice will be given in accordance with §
187.23(a)(5)(i).
(i) Under no
circumstances may an TANF protective payment for the child or children be
authorized concurrently with a GA payment for the caretaker/relative
only.
(j) Refer to the procedures
in §
153.44(a)
(relating to procedures) regarding absence from the home and to the
requirements in §
187.23 regarding cooperation in
obtaining support.
(k) Furnish
information for the completion of the Medical Resource Documentation Form as a
condition of eligibility for TANF/GA. This information will be used to ensure
that MA payments are not made when another person or organization is liable for
medical bills of the recipient.
(l)
Consent to disclosure of information from third parties relating to age,
residence, citizenship, employment, applications for employment, income and
resources of the applicant or recipient shall be as follows:
(1) The consent shall authorize the third
party to release information requested by the CAO.
(2) The CAO shall attempt to notify the
applicant/recipient prior to contacting a third party for information about the
applicant/recipient, except in cases of suspected fraud.
(m) Furnish required verification as directed
by the CAO of eligibility factors in accordance with Chapter 125 (relating to
the application process) prior to application interview.
(1) If the applicant has cooperated and can
document cooperation in the verification attempt, the initial authorization of
assistance may not be delayed for more than 15 days for verification purposes
following the date of application.
(2) For purposes of determining eligibility
under §
141.61(d)(1)(iii),
an individual will be considered as cooperating in the attempt to verify the
claimed disability if the individual has done everything necessary and
reasonable to secure documentation that will verify the disability.
(3) For purposes of determining eligibility
under subsections (p) and (q), the minor parent shall present evidence to
qualify for the exceptions. Because documentary evidence establishing an
exception may not exist or may be difficult to obtain, the minor parent will be
considered as cooperating in an attempt to verify the alleged exception if the
minor parent can document that she made a good faith effort to obtain the
necessary documentation. The CAO shall make an administrative determination
based on available documentation. In the absence of evidence of fraud,
verification from the minor parent, social worker or other person familiar with
the allegation shall be sufficient when other documentary evidence is difficult
to obtain. Action which is necessary to produce the verification shall be taken
in accordance with Chapters 125 and 133 (relating to the application process;
and the redetermination process).
(n) An applicant or recipient shall cooperate
with the CAO in identifying and applying for Federal programs as the primary
source of financial assistance, such as, but not limited to, SSI, RSDI, TANF
and Extended TANF, in accordance with the following:
(1) An applicant for TANF, Extended TANF or
GA who fails, without good cause, to cooperate in establishing eligibility for
Federal programs is ineligible for cash assistance as follows:
(i) For TANF, the applicant is ineligible
until the applicant complies.
(ii)
For GA, the applicant is ineligible for a minimum of 60 days and thereafter,
until the applicant complies.
(iii)
For Extended TANF, the applicant and the applicant's family are ineligible
until the applicant complies.
(iv)
For GA, if the applicant has received 60 months of TANF, the applicant and the
applicant's family are ineligible for a minimum of 60 days and thereafter until
the applicant complies.
(2) A recipient of TANF, Extended TANF or GA
who fails, without good cause, to cooperate in establishing eligibility for
SSI, RSDI, TANF, Extended TANF or other Federal programs is ineligible for cash
assistance until the recipient complies. For Extended TANF and GA, if the
recipient has received 60 months of TANF, the recipient's family is also
ineligible until the recipient complies.
(3) An applicant for or recipient of
assistance shall repay an assistance grant received in the month for which RSDI
or other Federal benefits are awarded to them. CAOs are not to deny or
discontinue assistance because a client has not met an obligation to repay a
public assistance grant received during a period for which RSDI or other
Federal benefits were awarded.
(o) Submit a Monthly Reporting Form if it is
a condition of eligibility as specified in §
142.23 (relating to
requirements).
(p) As a requirement
of eligibility for TANF or GA, an applicant or recipient minor parent, as
defined in §
141.42 (relating to definitions),
shall reside in the home of the minor parent's parent, legal guardian or other
adult relative who is at least 18 years of age or in an adult-supervised
supportive living arrangement unless otherwise exempt by one of the conditions
of subsection (q). If the CAO determines that at least one of the conditions in
subsection (q) is satisfied and no other adult-supervised supportive living
arrangement is available, a minor parent may be exempt from this requirement.
The following conditions may apply to the eligibility determination of a living
arrangement regarding a minor parent:
(1)
While a minor parent resides with a supervising adult, as specified, the
supervising adult may be the payment name of the cash benefits paid on behalf
of the minor parent and the minor parent's dependent child. The supervising
adult shall ensure that the minor parent and dependent child receive the
benefit of the payment.
(2) If the
minor parent does not meet any of the exceptions listed in subsection (q) and
the parent, legal guardian or other adult relative lives at another location,
the minor parent and dependent child may be given a special allowance, as
provided for in §
175.23(e)
(relating to special allowances), to return to the home of the minor parent's
parent, legal guardian or other adult relative. The Department will not
authorize a special allowance payment until the minor parent verifies she has
permission to return to the home of the parent, legal guardian or other adult
relative.
(3) If the minor parent
cannot return to the home of a parent, legal guardian or other adult relative,
the CAO in consultation with a county children and youth agency will provide
assistance to the minor parent to locate a second-chance home, maternity home
or other appropriate adult-supervised supportive living arrangement unless the
CAO determines the minor parent's current living situation to be
appropriate.
(q) A minor
parent who claims exception to the requirement of living with a parent, legal
guardian or other adult relative shall present documentation, in accordance
with subsection (m), that all other potential living arrangements have been
explored, and at least one of the following conditions applies:
(1) The minor parent can document that
neither a parent, legal guardian nor other adult relative is able to retain or
assume parental control over the minor parent because of a physical, emotional,
mental, financial or other limitation.
(2) The minor parent does not have a living
parent, legal guardian or other adult relative or the whereabouts of the
parent, legal guardian or other adult relative are not known.
(3) Neither a parent, legal guardian nor
other adult relative of the minor parent will allow the minor parent to live in
the common residence.
(4) The
physical or emotional health or safety of the minor parent or dependent child
would be jeopardized if they resided with the minor parent's parent, legal
guardian or other adult relative, or, the threat to physical or emotional
health or to safety comes from another individual residing in or visiting the
residence. Eligibility under this paragraph shall be based on the following:
(i) The present physical or emotional health
or safety of the minor parent or dependent child obtained from sources
including health records, collateral contacts or worker observation.
(ii) The physical or emotional health or
safety history of the minor parent or dependent child obtained from sources
including health facility records or collateral contacts with school
counselors, health professionals, social service agency personnel, police or
courts.
(iii) The intensity and
probable duration of the physical or emotional harm previously caused to the
minor parent or dependent child from residing in the home of the minor parent's
parent, legal guardian or other adult relative obtained from sources including
health facility records or collateral contacts with school counselors, health
professionals, social service agency personnel, police or courts.
(5) The minor parent's parent,
legal guardian or other adult relative has exhibited neglect of the minor
parent or minor parent's child. Eligibility shall be based on the documentation
listed in subsection (q)(4).
(6)
The minor parent's child, including an unborn child, was conceived as a result
of rape or incest committed by someone still residing in or visiting with other
individuals residing in the residence.
(7) The minor parent and dependent child no
longer reside in the home of the parent, legal guardian or other adult relative
because of physical or sexual abuse or the threat of physical or sexual abuse
to the minor parent, minor parent's child or any other child in the
household.
(8) The parent, legal
guardian or other adult relative lives in another area of the State, in another
state or out of the country, and the minor parent has not resided with the
parent, legal guardian or other adult relative for 12 months or more and the
minor parent is already enrolled in a vocational school, other educational
program, job training, or substance abuse treatment program, or is
employed.
(9) The parent, legal
guardian or other adult relative has spent the minor parent's assistance in an
improper manner.
(10) Additional
exceptions under this subsection may be granted by the Department if the
Department determines that the exception is necessary to protect the health and
safety of the minor parent and dependent child.
(r) Neither the income eligibility limits nor
the cash benefits for three or more GA recipients residing in the same
household may exceed the limits for a TANF budget group with the same number of
recipients. The term "household" is defined as a common residence and does not
include single-room occupancy residences, rooming houses, shelters for the
homeless, nonprofit residential programs or personal care home facilities
receiving charitable or government funds including funds from Federal, State or
local units.
(s) An applicant or
recipient who has been convicted of violating section 481(a) of the Public
Welfare Code (
62 P. S. §
481(a)), that is, has been
convicted of securing or attempting to secure, or aiding or abetting or
attempting to aid or abet any individual in securing GA, TANF, MA or Federal
Food Stamps by means of a willfully false statement or misrepresentation, or by
impersonation or by willfully failing to disclose a material fact regarding
eligibility either before or at the time of, or subsequent to the application
for assistance is ineligible for cash assistance as follows:
(1) For 6 months from the date of first
conviction.
(2) For 12 months from
the date of second conviction.
(3)
Permanently from the date of a third conviction.
(t) An applicant or recipient is ineligible
for assistance if the individual is fleeing to avoid prosecution, or custody or
confinement following conviction for a felony, or as felonies are classified in
the State of New Jersey, a high misdemeanor.
(u) Cash assistance payments will not be made
to an individual for 10 years from the date of conviction, in a Federal or
State court, of fraudulent misrepresentation of residence to receive TANF, GA,
MA, Food Stamps or SSI in two or more states.
Notes
The
provisions of this §141.21 adopted August 4, 1977,
effective 8/5/1977, 7 Pa.B. 2180;
amended February 2, 1979, effective 3/5/1979, 9 Pa.B. 395; amended June 29, 1979,
effective 3/5/1979, 9 Pa.B. 2153;
corrected May 6, 1979, effective 3/5/1979, 9 Pa.B. 2262; amended February 22,
1980, effective 3/1/1980, 10
Pa.B. 850; amended June 25, 1982, effective 6/26/1982, 12 Pa.B. 1940; amended April 8,
1983, effective 4/9/1983, 13
Pa.B. 1259; amended September 6, 1985, effective 9/7/1985, and applies retroactively to June 1,
1985, 15 Pa.B. 3179; amended February 7, 1992, effective upon publication and
apply retroactively to February 1, 1990, 22 Pa.B. 590; 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 49 effective retroactive to
September 1, 1994, the provisions under Act 35 effective
6/17/1996, 30 Pa.B. 3779;
amended September 13, 2002, effective retroactively to March 3, 1997, with the
exception of subsection (e) effective 9/14/2002, 32 Pa.B. 4435; amended October 11,
2002, effective 10/12/2002, 32
Pa.B. 5048.
The provisions of this §141.21 amended under sections
201(2), 401(a), 403(b), 432, 432.21(a) and 481 of the Public Welfare Code
(62
P. S. §§
201(2),
401(a), 403(b), 432,
432.21(a) and 481); 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;
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; and the act of
May 16, 1996 (P. L. 175, No. 35).
This section cited in 55 Pa. Code §
125.1 (relating to policy); 55 Pa.
Code §
133.23 (relating to requirements);
55 Pa. Code §
141.51 (relating to policy); 55
Pa. Code §
151.42 (relating to definitions);
55 Pa. Code §
141.71 (relating to policy); 55
Pa. Code §
153.44 (relating to procedures);
55 Pa. Code §
153.45 (relating to joint or
shared custody eligibility determination-statement of policy); 55 Pa. Code
§
175.23 (relating to requirements);
55 Pa. Code §
183.2 (relating to definitions);
55 Pa. Code §
183.32 (relating to support);55
Pa. Code §
183.91 (relating to LRR, parent or
legal guardian of an AFDC minor parent, and stepparent deductions); 55 Pa. Code
§
183.901 (relating to putative
father/voluntary child support-statement of policy); and 55 Pa. Code §
291.23 (relating to
requirements).