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.
Notes
The
provisions of this § 183.32 adopted August 26, 1988,
effective 11/1/1988, 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 9/14/2002, 32 Pa.B.
4435.
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;
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.
This section cited in 55 Pa. Code §
183.33 (relating to
contributions); and 55 Pa. Code §
183.34 (relating to income of a
child).
