[31 Pa.B. 5875]
[Continued from previous Web Page]
ENROLLMENT AND EXEMPTIONS FROM ENROLLMENT § 165.21. Enrollment.
(a) A person's exemption status is reviewed when a change is reported that would affect a person's [ETP] RESET status, when a condition is expected to change and at each reapplication interview. The recipient is notified in writing of changes in exemption status.
(b) A person who is exempt may volunteer to participate in [the ETP] RESET.
(c) A recipient will be enrolled in [ETP] RESET unless the person is exempt because the person is one of the following:
(1) [Ill or incapacitated to the extent that the person is prevented from engaging in employment or training when determined on the basis of medical evidence acceptable to the Department or CAO worker's observation] Mentally or physically disabled as verified by a physician or licensed psychologist and the disability temporarily or permanently precludes any form of employment or work-related activity.
(i) An exemption period for recuperation after childbirth is determined by a physician [,] or licensed psychologist [or licensed midwife].
* * * * * (iii) The Department may require an applicant or recipient with a verified temporary mental or physical disability, including drug or alcohol dependency, to pursue appropriate treatment as a condition of receiving assistance if the individual is exempt from the RESET Program.
(iv) The Department may require an applicant or recipient to submit to an independent examination as a condition of receiving assistance if the individual is exempt from the RESET Program.
(2) [Sixty years of age or older.
(3) Incapacitated due to drug or alcohol dependency.
(i) A person claiming this exemption shall accept available and appropriate treatment and rehabilitation services as a condition of eligibility for PA benefits.
(ii) The exemption will continue until treatment is completed or until there is notification that the individual did not accept available and appropriate treatment or failed to complete a prescribed treatment plan.
(iii) Upon notification that an individual failed to cooperate, a determination of good cause will be made. If there is not good cause, the individual will lose exempt status for the ETP.
(4) Needed in the home because of the illness or incapacity of another member of the household.
(5)] The parent or other [caretaker/relative] caretaker who is personally providing care for a child [2] under 6 years of age [or younger, except as provided in subsection (d)] for whom alternate child care arrangement is unavailable.
[(6) The parent or other caretaker/relative who is personally providing care for a child 3 years of age or older and 5 years of age or younger unless appropriate, available child care is guaranteed and participation in the ETP is limited to 20 hours or less a week, except as provided in subsection (d).
(7) Working at least 30 hours a week.
(8)] (3) A child who is [15] under 18 years of age [or younger or attends, full time, an elementary, secondary, vocational or technical school, except that a child who had previously withdrawn and has been placed in a secondary, vocational or technical school as a required ETP activity is not exempt]. The child of school age is required to pursue a high school diploma or a certificate of high school equivalency.
[(9)] (4) [Pregnant if it has been medically verified that the child is expected to be born within the 6-month period immediately following the month of required participation] The custodial parent in a one-parent household who is caring for a child who has not attained 12 months of age. This exemption is limited to a maximum of 12 months in the parent's lifetime.
[(10) A full-time volunteer serving in the Volunteers In Service To America (VISTA) Program, under Title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C.A. §§ 4951--4994).
(11) Residing in a location which is more than 2 hours round-trip by reasonably available public or private transportation from an ETP site except that a parent in the AFDC-U category who is exempt under this paragraph and who does not choose to volunteer to participate in the ETP shall register directly with JS within 15 working days following the date of initial authorization or reapplication.
(d) A custodial parent who is 16 years of age or older and under 20 years of age who has not attained a high school education or its equivalent is required to participate regardless of the age of the child if appropriate, available child care is guaranteed.]
§ 165.22. Verification of exemption.
(a) The applicant or recipient is required to cooperate in providing necessary information and verification regarding the basis for exemption. The CAO will assist an individual in obtaining verification when help is needed.
(1) The Department may require an applicant or recipient claiming an exemption based on a physical or mental disability which temporarily or permanently precludes any form of employment or work-related activity to submit to an independent examination as a condition of receiving assistance as specified in § 141.61 (relating to policy) if the individual is exempt from the RESET Program.
(2) An applicant or recipient with a verified physical or mental disability which temporarily precludes any form of work or work-related activity shall pursue appropriate treatment to restore or improve the individual's ability to work, as a condition of receiving assistance as specified in § 141.61, if exempt from the RESET Program.
(b) Verification of an exemption consists of reasonably available documentation specified by the Department and includes birth certificates or baptismal records, written statements from physicians, licensed psychologists or school officials that support the person's claim for an exemption.
(1) The verification of a physical or mental disability shall be established on a form specified by the Department and will be based on acceptable clinical and laboratory diagnostic techniques rather than on the applicant's or recipient's statement of symptoms.
(2) Failure to verify the claim for an exemption will result in the person being enrolled in RESET unless the person has cooperated and verification is unavailable.
(3) A person will not be required to verify information that was previously verified and is not subject to change.
§ 165.25. Enrollment after an exemption ends.
A person who was formerly exempt is required to participate in a work or work-related activity in accordance with the following:
(1) An individual who is exempt due to a physical or mental disability is required to participate:
(i) Immediately if the condition ceases during the first 22 months that the person receives cash assistance.
(ii) Within 8 weeks if the condition ceases after the person has received cash assistance for 22 months or more.
(2) A person who is exempt from RESET because he is providing child care for a child under 6 years of age is required to participate as soon as alternate child care arrangements are available or when the child becomes 6 years of age, whichever occurs first.
(3) An exempt individual under 18 years of age is required to participate when the individual:
(i) Reaches 18 years of age, although the individual may be able to continue to pursue a high school or equivalency program after age 18 as a work-related activity during the first 24 months of receipt of cash assistance.
(ii) Attains a high school diploma or a certificate of high school equivalency.
(iii) Ceases to pursue a high school diploma or a certificate of high school equivalency.
(4) A custodial parent in a one-parent household who is exempt to provide care to a child under 12 months of age is required to participate under one of the following circumstances:
(i) The child reaches 12 months of age.
(ii) The custodial parent has claimed this exemption for a total of 12 months during the parent's lifetime.
(iii) The custodial parent chooses to end the exemption.
RESET PARTICIPATION REQUIREMENTS § 165.31. [Participation] RESET participation requirements.
(a) [Exempt voluntary participation. An exempt individual may volunteer to participate in the ETP. A voluntary participant who drops out of the Program without good cause after having commenced participation will not be given priority to regain participant status so long as other individuals are actively seeking to participate. An exempt volunteer's withdrawal from the ETP or failure to participate will have no effect on eligibility for assistance benefits.] RESET Program. The RESET Program is designed to enable recipients of cash assistance to secure permanent full-time unsubsidized jobs, entry level jobs or part-time jobs which can establish a work history, preferably in the private sector, with wages and benefits that lead to economic independence and self-sufficiency as soon as practicable, within the constraints of available funds.
(b) [Nonexempt voluntary participation. Nonexempt volunteers who willfully fail without good cause to participate in the ETP are subject to sanction. Each nonexempt volunteer will be informed of the potential consequence prior to commencement of participation.
(c) Priority of educational activity to custodial parents. Custodial parents required to participate under § 165.21(d) (relating to enrollment) will be referred to an appropriate educational activity, if available, unless one of the following exists:
(1) The person demonstrates a basic literacy level of 8.9 grade level.
(2) The long-term employment goal of the person as identified in the employment plan does not require a high school diploma or its equivalent.] Requirements that always apply as conditions of eligibility or continuing eligibility for cash assistance. Individuals who are not exempt under § 165.21 (relating to enrollment) shall seek and accept any bona fide offer of employment and maximize and maintain employment.
(i) Nonexempt individuals may not, without good cause, voluntarily terminate employment, or reduce earnings or fail to apply for work.
(ii) A nonexempt recipient's willful failure to comply with the requirements of this provision, without good cause, will result in the imposition of sanctions as set forth in § 165.61 (relating to sanctions).
(c) First 24 months. Nonexempt individuals who are not employed for an average of at least 20 hours per week are required to participate in a work-related activity as a condition of eligibility or continuing eligibility for cash assistance. Nonexempt individuals who are not employed for an average of at least 20 hours per week shall accept referral to, participate in and continue to participate in an available and approved work-related activity, including those specified on the AMR.
(1) The initial work-related activity is an initial job search for up to 8 weeks except as provided in paragraph (4) and subsection (h).
(i) For applicants, the initial job search is required upon authorization of cash assistance.
(ii) The applicant or recipient shall document these efforts and present the documentation to the appropriate CAO upon request. A nonexempt recipient's willful failure to comply with this subsection, without good cause, will result in the imposition of sanctions as set forth in § 165.61.
(2) After the initial job search during the first 24 months that an individual receives cash assistance, the individual may fulfill the approved work-related activity requirement, subject to the exceptions in paragraphs (3) and (4), by participating in one or more of the following activities as approved by the Department:
(i) Subsidized employment.
(ii) Work experience.
(iii) On-the-job training.
(iv) Community service.
(v) Workfare.
(vi) Vocational education.
(vii) General education.
(viii) English-as-a-second language.
(ix) Job skills training.
(x) Job search.
(xi) Job readiness/preparation activities.
(3) During the first 24 months that an individual receives cash assistance, whether consecutive or interrupted, participation in an approved vocational education, general education, English-as-a-second language and job skills training counts toward fulfilling the work-related activity requirement for a maximum of 12 months.
(4) A recipient 18 years of age or older but under 22 years of age who does not have a high school diploma or its equivalent can fulfill the work-related activity requirement by pursuing a high school diploma or its equivalent.
(d) After 24 months.
(1) After receiving cash assistance for 24 months, whether the months are consecutive or interrupted, the recipient shall, as a condition of receiving cash assistance, participate for an average of at least 20 hours per week in any one or a combination of the following activities, as approved by the Department:
(i) Unsubsidized employment.
(ii) Subsidized employment.
(iii) Work experience.
(iv) Community service.
(v) On-the-job training.
(vi) Workfare.
(2) A nonexempt individual shall accept referral to, participate in and continue to participate in an available work activity, including those specified on the AMR. A nonexempt recipient's failure to comply with this section, without good cause, will result in the imposition of sanctions as set forth in § 165.61.
[(d) EDP] (e) AMR. Final approval of the [EDP] work and work-related activities listed in the AMR rests with the Department. The [EDP] AMR is not considered a contract. Factors to be considered in developing the [EDP] AMR include:
* * * * * [(e)] (f) Self-initiated education or training. Self-initiated education or training may be approved as part of an individual's [EDP] AMR, if [in addition to the criteria in subsection (d),] the following conditions are met:
* * * * * (4) During the first 24 months that an individual receives cash assistance, participation in an approved vocational education, general education, English-as-a-second language and job skills training counts toward fulfilling the work-related activity requirement for a maximum of 12 months. After 12 months of education and training, the individual may continue to pursue education, but shall combine it with some other approved work-related activity.
(5) After 24 months of receipt of cash assistance, a person shall also fulfill the minimum 20-hour-per-week work activity requirement as specified in subsection (d).
(g) Exempt voluntary participation. An exempt individual may volunteer to participate in RESET. An exempt volunteer is not required to conduct an initial job search before enrolling in RESET.
[CONCILIATION] COMPLIANCE REVIEW AND GOOD CAUSE § 165.51. [Conciliation] Compliance review.
(a) [The worker shall exhaust efforts toward conciliatory resolution of disputes with the person before the issuance of a notice of adverse action. Conciliatory efforts will be documented in the case record. The recipient shall be counseled as to the purpose of the Program and the consequences of a refusal to participate] Information indicating noncompliance with work or work-related requirements shall result in a review of compliance with these requirements. The purpose of a compliance review is to determine whether a recipient is willfully, and without good cause, not complying with work or work-related requirements. The caseworker will inform the recipient of the need for a compliance review and the consequences of failing to participate in the compliance review. The [conciliation session shall] compliance review may be conducted in person [, at an agreed upon time, unless the recipient would prefer to have it] or by telephone according to the recipient's preference. When scheduling the compliance review, the caseworker will consider the recipient's schedule, including work and school obligations.
(b) [A conciliation session shall be conducted to discuss the reasons for the Department's particular requirements, how they fit into the EDP of the recipient, why the recipient has difficulty with or objects to the particular requirement and shall include a good faith effort by all parties to overcome barriers to participation. The purpose of the conciliation session is to explore ways to facilitate a mutually advantageous relationship that will make the recipient more employable and help the recipient to reduce dependency. If the recipient is willing to participate but has difficulty participating, every opportunity shall be made to reach a reasonable resolution. This shall include rescheduling appointments to mutually agreed upon times, transportation assistance and exploration of alternative components or revision of the EDP. Unless a recipient shows a clear pattern of missing appointments without good cause, these appointments shall be rescheduled] At the compliance review, the recipient has an opportunity to present information concerning the recipient's compliance with work or work-related requirements. After reviewing the facts, the caseworker will determine if the recipient is complying with work or work-related requirements. If the caseworker determines that the recipient is noncompliant, the caseworker will also determine if noncompliance was willful and without good cause.
(c) A recipient who willfully fails, without good cause, to comply with work or work-related requirements is subject to sanction under § 165.61 (relating to sanctions). For a noncompliant recipient not subject to sanction, the caseworker will review program requirements, help identify obstacles to compliance, and with the recipient's participation, develop a new AMR to help achieve and maintain compliance.
§ 165.52. Good cause.
(a) Good cause includes the following circumstances beyond the client's control:
* * * * * (9) The person does not have adequate child care for children who need close supervision, particularly if the hours of employment or [ETP] RESET participation are other than normal daylight working hours.
(10) The person failed to receive notice at least 2 days prior to the date of a scheduled [ETP] RESET activity.
(11) The person ends a sporadic work relationship that does not hold a reasonable possibility for permanent, full-time work to participate in an approved [ETP] RESET activity or to accept full-time employment.
(12) A job offer is rejected because it will result in a net loss of cash income to the budget group of the [ETP] RESET participant. Net loss of cash income results if the budget group's gross income less actual work-related expenses plus a [Cash Assistance] cash assistance payment for which the budget group remains eligible is less than the [Cash Assistance] cash assistance previously received. The actual work-related expenses include mandatory payroll deductions as well as the actual cost of the child care, cost of care of an incapacitated person living in the same home and transportation.
* * * * * (15) The location of [an ETP] a RESET site or job is more than 2 hours round-trip by reasonably available public or private transportation from the client's residence.
* * * * * (17) The person is claiming to be exempt from [ETP] RESET enrollment under §[165.21(c)(1)] 165.21 (relating to enrollment) and is cooperating in an attempt to provide verification.
* * * * *
SANCTIONS § 165.61. Sanctions.
(a) A sanction will be imposed on an individual who is required [but willfully fails without good cause] to participate in [the ETP, fails] RESET and, willfully and without good cause does one or more of the following:
(1) Fails to accept a bona fide offer of employment in which the individual is able to engage [or].
(2) Voluntarily terminates employment [or reduces].
(3) Fails or refuses to accept referral to, participate in, or continue participation in a work or work-related activity as specified in the AMR.
(4) Fails to accept referral to, participate in, or continue participation in an available and approved work or work-related activity.
(5) Fails to seek employment.
(6) Fails to maximize employment.
(7) Fails to maintain employment.
(8) Reduces earnings [without good cause. This subsection includes a nonexempt individual who volunteers to participate] after having received cash assistance for 24 months or more.
(9) Fails to participate in one of the following work-related activities if not employed at least 20 hours per week during the first 24 months of receiving cash assistance:
(i) Subsidized employment.
(ii) Work experience.
(iii) On-the-job training.
(iv) Community service.
(v) Workfare.
(vi) Vocational education.
(vii) General education.
(viii) English-as-a-second language.
(ix) Job skills training.
(x) Job search.
(xi) Job readiness/preparation activities.
(10) Fails to participate for an average of at least 20 hours per week in one of the following work activities after receiving 24 months of cash assistance:
(i) Unsubsidized employment.
(ii) Subsidized employment.
(iii) Work experience.
(iv) Community service.
(v) On-the-job training.
(vi) Workfare.
(11) Fails to agree to fulfill the work or work-related activity requirements.
(12) Fails to apply for work at the time and in the manner the Department may prescribe.
(b) [If the individual under sanction is the only dependent child on the AFDC or AFDC-U budget group, the caretaker/relative shall continue to receive AFDC or AFDC-U during the sanction period, if otherwise eligible.] The sanction period shall be:
(1) For the first occurrence, 30 days or until the recipient is willing to comply, whichever is longer.
(2) For the second occurrence, 60 days or until the recipient is willing to comply, whichever is longer.
(3) For the third occurrence, permanently.
(c) [If the individual is a nonexempt parent in the AFDC-U category and the other parent is not enrolled in or participating in the ETP, the failure of the individual to cooperate will make both parents ineligible for assistance. If the other parent agrees to participate, the sanction will only be imposed on the nonparticipating parent.] Applicability of the sanction is as follows:
(1) During the first 24 months, the sanction is imposed only on the person who fails to comply.
(2) After 24 months, the sanction is imposed on the entire budget group.
(d) [The sanction period shall be:
(1) For the first occurrence, until the failure to comply ceases.
(2) For the second occurrence, 3 payment months or until the failure to comply ceases, whichever is longer.
(3) For the third occurrence and thereafter, 6 payment months or until the failure to comply ceases, whichever is longer.] In lieu of the sanctions in subsections (b) and (c), if an employed individual voluntarily, without good cause, reduces his earnings during the first 24 months that assistance is received by not working an average of at least 20 hours per week, the grant is reduced by the dollar value of the income that would have been earned if the recipient had not voluntarily reduced the hours of employment to less than an average of 20 hours per week. The reduction continues until the requirement is met.
(e) If the individual under sanction is the only dependent child in the TANF budget group, the caretaker shall continue to receive TANF during the sanction period, if otherwise eligible, during the first 24 months that TANF is received.
(f) If the individual under sanction in the first 24 months is a parent or other [caretaker/relative] caretaker, protective payments for the remaining members of the [assistance unit] budget group will be [in the form of protective or vendor payments in accordance with Chapter 291 (relating to protective and vendor payments). If after making reasonable efforts a protective payee is unable to be located, payments on behalf of the remaining members of the budget group will be made to the caretaker/relative] made to the caretaker under sanction.
NOTIFICATION § 165.71. Notification.
(a) If the [conciliation effort has ended without resolution of the matter] compliance review results in a finding that the recipient was willfully noncompliant with RESET requirements without good cause, the client will be sent a notice in accordance with Chapter 133 (relating to redetermining eligibility). This notice [shall include a detailed explanation of] will indicate the sanction to be imposed and the reason for the [action, the consequence of refusal or failure to cooperate without good cause with an ETP requirement and the action needed to end the] sanction.
(b) An individual whose failure to comply results in a sanction will be reminded in writing [when 3 months have elapsed] of the individual's option to end the sanction by correcting the failure to comply.
* * * * *
Subpart D. DETERMINATION OF NEED AND AMOUNT OF ASSISTANCE
CHAPTER 177. RESOURCES
TREATMENT OF RESOURCES § 177.21. Personal property.
(a) Applicants and recipients. For an applicant and recipient, the following personal property is not counted in determining eligibility:
* * * * * (2) [Equity] The full value of one [automobile] vehicle per TANF or GA budget group [up to a maximum of $1,500. The excess value is considered an available resource and is counted and applied toward the resource limit]. The equity value of all other vehicles will be counted and applied toward the resource limit.
* * * * * (11) An educational savings account established by an individual at a bank or other financial institution to pay for education expenses including tuition, books and incidental expenses related to attendance at a vocational school, community college, college or university. The account shall be clearly identified as having been established for or restricted to payment of educational expenses.
* * * * * (iii) Moneys withdrawn to pay for educational expenses are exempt. Documentation shall be provided that verifies the expenses were incurred and related to attending school.
* * * * * (12) Savings accounts established and bonds purchased under the Tuition Account Program and College Savings Bond Act (24 P. S. §§ 6901.101--[6901.509] 6901.701).
(13) Student financial assistance for educational expenses in the form of loans, grants and scholarships.
(14) The face and cash surrender value of a life insurance policy.
(15) A family savings account established under Chapter 21 of the Job Enhancement Act (73 P. S. §§ 400.2101--400.2103).
(i) The account shall be clearly identified as a family savings account.
(ii) The savings account, its ownership and the account balance shall be verified by written documentation. Documentation may include a copy of the passbook or a current statement from the bank or other financial institution.
(iii) Moneys deposited into the account plus interest earned on the account shall be exempt in determining eligibility as long as the funds remain on deposit.
(iv) Moneys withdrawn to pay for expenses outlined in an approved savings plan for this account are exempt. Documentation shall be provided that verifies the expenses were incurred.
(v) Moneys withdrawn from a family savings account that are used for a purpose unrelated to the approved savings plan shall be added to the budget group's resource amount and used to determine eligibility beginning with the date of withdrawal. Exception: moneys withdrawn to pay for educational expenses shall be exempt.
* * * * * § 177.22. Real property.
* * * * * (b) Nonresident property owned by an applicant or recipient. Nonresident property, including a burial space, is considered in the following manner:
* * * * * (3) If the equity value of nonexempt property, either alone or in combination with other nonexempt resources, exceeds the resource limit, each separately deeded parcel of nonexempt property receives [a one-time-only] an exemption for 9 consecutive budget months beginning with the date assistance is authorized for applicants, and the date the resource becomes legally available for recipients, if the following requirements are met:
* * * * * (ii) [The applicant or recipient signs an agreement to dispose of the property within the 9 consecutive month exemption period] In cases when the budget group has been unable to sell nonresident property for reasons beyond their control, the 9-month time limit for disposing of the property will be extended for additional 9-month periods as long as the Department determines that the budget group is continuing to make a good-faith effort to sell the property.
* * * * * (4) If the nonexempt property has not been sold within each of the 9-month exemption [period] periods, and the budget group cannot substantiate that a good-faith effort to sell the property is still being made, the recipient and members of the budget group for whom he is an LRR are ineligible, and the assistance received is treated as an overpayment. If the assistance stops and restarts during the 9 consecutive month exemption period, the assistance received is treated as an overpayment.
§ 177.24. Determining value of resources.
Unless specifically exempt under § 177.21 or § 177.22 (relating to personal property; and real property), the equity value of real and personal property is subject to the resource limits in § 177.31 (relating to resource limit).
(1) Determining value of personal property. An applicant, recipient, guardian, trustee or sponsor of an alien shall provide documentation verifying value of personal property. This documentation includes, but is not limited to, a written estimate from a car dealer of the fair market value of a motor vehicle, a title of ownership and a written statement from financial institutions. Special requirements regarding certain personal property resources are as follows:
[(i) Burial reserves. A burial reserve is considered as follows:]
[(A)] (i) * * *
[(B)] (ii) * * *
[(C)] (iii) * * *
[(ii) Life insurance. The client may document the cash value of a life insurance policy by presenting a policy which contains cash value charts or through a written statement from the insurance company.
(A) The cash value is considered an available resource to the budget group if the applicant/recipient or an LRR in the home is the owner of the policy or has the authority to cash in the policy. The client may document ownership by presenting the policy or through a written statement from the insurance company.
(B) Money borrowed by a recipient from the cash value of a life insurance policy is used to determine eligibility under § 177.31 during the month in which the cash is borrowed and for each month during which the cash remains unexpended.]
* * * * *
CHAPTER 178. RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA
Subchapter A. GENERAL PROVISIONS FOR MA RESOURCES COMMON TO ALL
CATEGORIES OF MA
CATEGORIES OF MA § 178.11. Categories of NMP-MA.
NMP-MA applicants/recipients shall meet the resource requirements of the category of NMP-MA for which they are eligible. The following explains the different NMP-MA categories:
* * * * * (4) The PC category is a TANF-related category and designates an NMP person who is one of the following:
* * * * * (ii) A person 21 years of age or older and under age 65 who meets the requirements of a specified relative under § 151.42 (relating to definitions) and is responsible for the care and control of a dependent child. For purposes of determining if the person 21 years of age or older and under 65 years of age is a specified relative, a dependent child, including the child who is receiving SSI, is a child under 18 years of age or under 19 years of age if the child is a full-time student in secondary school or the equivalent level of a vocational or technical school and [reasonably expected to complete the program before reaching 19 years of age, and] who meets the deprivation of support conditions under § 153.43(a)--(c) (relating to [AFDC] TANF deprivation of support or care requirements).
* * * * * § 178.12. Categories of MNO-MA.
MNO-MA applicants/recipients shall meet the resource requirements of the category of MNO-MA for which they are eligible. The following explains the different MNO-MA categories:
* * * * * (5) The TC category is [an AFDC-related] a TANF-related category and designates an MNO person who is one of the following:
* * * * * (ii) A person 21 years of age or older and under 65 years of age who meets the requirements of a specified relative under § 151.42 (relating to definitions) and is responsible for the care and control of a dependent child. For purposes of determining if the person 21 years of age or older and under 65 years of age is a specified relative, a dependent child, including the child who is receiving SSI, is a child under 18 years of age or under 19 years of age if the child is a full-time student in secondary school or the equivalent level of a vocational or technical school and [reasonably expected to complete the program before reaching 19 years of age, and] who meets the deprivation of support conditions under § 153.43(a)--(c) (relating to [AFDC] TANF deprivation of support or care requirements).
* * * * *
Subchapter C. TANF-RELATED AND GA-RELATED CATEGORIES OF MA
ADDITIONAL RESOURCE REQUIREMENTS FOR TANF-RELATED AND GA-RELATED CATEGORIES OF MA § 178.151. Additional resource requirements.
* * * * * (c) If an applicant/recipient or LRR owns nonexcluded real property, he shall have a [6-month] 9-month period in which to make a bona fide effort to sell the property [. The 6-month period may be extended for an additional 3 months if] and additional 9-month periods as long as the applicant/recipient or LRR can demonstrate good cause for not selling the property [by the end of the 6-month period].
(d) That portion of a gift that exceeds $50 per person in a calendar quarter as determined under § 181.263(8) (relating to other types of income not counted for the [AFDC] TANF and GA categories) is a countable resource.
* * * * *
RESOURCE EXCLUSIONS FOR THE [AFDC] TANF-RELATED AND GA-RELATED CATEGORIES OF MA § 178.161. Personal property exclusions.
The following personal property is excluded:
* * * * * (12) [Term insurance. Term insurance or other life insurance which does not accumulate a cash value.
(13)] * * *
[(14)] (13) Life insurance policies. [Life] The face and cash surrender value of all life insurance owned by the applicant/recipient. [up to a maximum face value of $1,500 for each insured person is excluded. If the life insurance of an insured person has a total face in excess of $1,500, only the cash surrender value in excess of $1,000 will be considered a resource to the owner.
(15)] (14) * * *
[(16)] (15) * * *
(16) Student financial assistance for educational expenses in the form of loans, grants and scholarships.
(17) A family savings account established under Chapter 21 of the Job Enhancement Act (73 P. S. §§ 400.2101--400.2103).
(i) The account shall be clearly identified as a family savings account.
(ii) The savings account, its ownership and the account balance shall be verified by written documentation. Documentation may include a copy of the passbook or a current statement from the bank or other financial institution.
(iii) Moneys deposited into the account, plus interest earned on the account shall be exempt in determining eligibility as long as the funds remain on deposit.
(iv) Moneys withdrawn to pay for expenses outlined in an approved savings plan for this account are exempt. Documentation shall be provided that verifies the expenses were incurred.
(v) Moneys withdrawn from a family savings account that are used for a purpose unrelated to the approved savings plan shall be added to the applicant/recipient group's resource amount and used to determine eligibility beginning with the date of withdrawal. Exception: moneys withdrawn to pay for educational expenses shall be exempt.
ADDITIONAL RESOURCE EXCLUSIONS FOR GA CATEGORIES OF MA § 178.165. Educational savings accounts.
(a) For GA categories of MA, an educational savings account established by an individual at a bank or other financial institution to pay for education expenses including tuition, books and incidental expenses related to attendance at a vocational school, community college, college or university is not counted in determining eligibility.
* * * * * (4) Moneys withdrawn to pay for educational expenses are exempt. Documentation shall be provided that verifies the expenses were incurred and related to attending school.
* * * * * (b) For GA categories of MA, savings accounts established and bonds purchased under the Tuition Account Program and College Savings Bond Act (24 P. S. §§ 6901.101--[6901.509] 601.701) are not counted in determining eligibility.
CHAPTER 181. INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA
Subchapter A. GENERAL PROVISIONS FOR MA INCOME COMMON TO ALL CATEGORIES OF MA
CATEGORIES OF MA § 181.41. Categories of NMP-MA.
An NMP-MA applicant/recipient shall meet the income requirements of the category of NMP-MA for which the applicant/recipient is eligible. The following explains the different NMP-MA categories:
* * * * * (4) The PC category is a TANF-related category and designates an NMP person who is one of the following:
* * * * * (ii) A person 21 years of age or older and under 65 years of age who meets the requirements of a specified relative under § 151.42 (relating to definitions) and is responsible for the care and control of a dependent child. For purposes of determining if the person 21 years of age or older and under 65 years of age is a specified relative, a dependent child, including the child who is receiving SSI, is a child under 18 years of age or under 19 years of age if the child is a full-time student in secondary school or the equivalent level of a vocational or technical school and [reasonably expected to complete the program before reaching 19 years of age and] who meets the deprivation of support conditions under § 153.43(a)--(c) (relating to [AFDC] TANF deprivation of support or care requirements).
* * * * *
CATEGORIES OF MA § 181.42. Categories of MNO-MA.
An MNO-MA applicant/recipient shall meet the income requirements of the category of MNO-MA for which the applicant/recipient is eligible. The following explains the different MNO-MA categories:
* * * * * (5) The TC category is [an AFDC] a TANF-related category and designates an MNO person who is one of the following:
* * * * * (ii) A person 21 years of age or older and under 65 years of age who meets the requirements of a specified relative under § 151.42 (relating to definitions) and is responsible for the care and control of a dependent child. For purposes of determining if the person 21 years of age or older and under 65 years of age is a specified relative, a dependent child, including the child who is receiving SSI, is a child under 18 years of age or under 19 years of age if the child is a full-time student in secondary school or the equivalent age level of a vocational or technical school and [reasonably expected to complete the program before reaching 19 years of age, and] who meets the deprivation of support conditions under § 153.43(a)--(c) (relating to [AFDC] TANF deprivation of support or care requirements).
* * * * *
Subchapter C. THE [AFDC] TANF AND
GA CATEGORIES
NMP-MA GROSS INCOME TEST FOR [AFDC]
TANF CATEGORIES§ 181.251. NMP-MA gross income test for [AFDC] TANF categories.
(a) The following persons shall have their gross monthly income considered:
(1) A person who is included in the [applicant/recipient group] application, including a child.
(2) An LRR living with the [applicants/ recipients] applicants who is not included in the application and who does not receive SSI, SBP, [AFDC] TANF or GA.
* * * * * (c) The total gross monthly earned and unearned income to be counted in the gross income test include the following:
* * * * * (3) [Section 181.273 (relating to income-in-kind).
(4)] * * *
[(5)] (4) * * *
[(6)] (5) * * *
[(7)] (6) * * *
[(8)] (7) * * *
[(9)] (8) * * *
[(10)] (9) * * *
[(11)] (10) * * *
* * * * *
TYPES OF INCOME NOT COUNTED FOR THE [AFDC] TANF AND GA CATEGORIES § 181.262. Educational loans and grants.
[The following types of educational loans and grants to students do not count as income when determining income eligibility for MA:
(1) Federal loans and grants to undergraduate students made or insured under a program administered by the Secretary of the United States Department of Education.
(2) College Work Study Program (CWSP) earnings of undergraduate students.
(3) Educational assistance from the Veterans Administration, only to the extent verified as used for educational expenses.
(4) Grants and scholarships or awards from colleges, schools, or from civic, fraternal and alumni organizations, only to the extent verified as used for educational expenses.] Federally-funded student financial assistance, including college work-study income, is excluded as income. All other student financial assistance provided for educational expenses in the form of loans, grants and scholarships is excluded as income, unless the assistance is provided solely to meet basic living needs.
§ 181.263. Other types of income not counted for the [AFDC] TANF and GA categories.
The following types of income are not counted for the [AFDC] TANF and GA categories:
* * * * *
TYPES OF EARNED INCOME COUNTED FOR THE [AFDC] TANF AND GA CATEGORIES § 181.273. [Income-in-kind] (Reserved).
[Income-in-kind is shelter received by the applicant/recipient in return for services rendered and is counted as earned income. The value of the income-in-kind is the difference between the amount of the monthly rent actually paid and the amount of monthly rent which the applicant/recipient would have been charged if he had not rendered a service.
(1) For the NMP-MA categories, the amount counted as income-in-kind may not exceed the appropriate NMP-MA income limits in Appendix E for the number of persons who are receiving income-in-kind.
(2) For the MNO-MA categories, the amount counted as income-in-kind may not exceed the appropriate MNO-MA income limit in Appendix H for the number of persons who are receiving income-in-kind.]
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
