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PA Bulletin, Doc. No. 00-993

NOTICES

Notice of Rule Change; Employment Requirements for Two-Parent Households: Revising the Definition of Unemployment

[30 Pa.B. 2956]

   By this notice, the Department of Public Welfare (DPW) announces its intent to amend 55 Pa. Code Chapter 153, Deprivation of Support or Care. The changes to Chapter 153 are based on a provision in the current Temporary Assistance for Needy Families (TANF) State Plan, published at 29 Pa.B. 5658 (October 30, 1999). This provision specifies that DPW is revising the definition of unemployment so that working parents who meet financial eligibility requirements and are otherwise eligible may receive TANF until their income exceeds eligibility limits or they exhaust their 60 months of TANF.

   The changes set forth in this Notice of Rule Change will apply to TANF applicants and recipients effective July 3, 2000. This change also applies to TANF-related Medicaid applicants and recipients as defined at 55 Pa. Code §§ 178.11(5)(i) and (ii) and 178.12(6)(i) and (ii) (relating to categories of NMP-MA; and categories of MNO-MA) effective July 3, 2000.

   The following changes affect the TANF program. Each policy revision identifies the 55 Pa. Code section that is being amended:

   1.  § 153.44(d)(1)(i)(B)

   Current regulations provide that at least one parent, the Principal Wage Earner (PWE), in a two-parent household must meet certain conditions to establish deprivation under the TANF Unemployed Parent category. One condition is that the parent be unemployed for at least 30 days.

   This subparagraph is revised to eliminate the 30-day period of unemployment. As a result, a two-parent family otherwise eligible will qualify for TANF as soon as they meet the income limits, which will vary from case to case depending on timing and the amount of the last paycheck.

   2.  § 153.44(d)(1)(ii)

   Current regulations define unemployment as: having no work, having part-time work, or having ''on-the-job'' training in a project that is approved or recommended by the Job Service or the Employment and Training Program.

   This amendment revises the definition of unemployment. The phrase ''having part-time work'' is deleted; it is replaced with the phrase, ''having work in which the net income, after allowable deductions as set forth in § 183.94 and § 183.98 (relating to TANF earned income deductions; and unearned income and lump sum income deductions), is less than the family size allowance for the budget group.'' This change allows otherwise eligible two-parent families, including those with an employed PWE, to receive TANF until they are no longer financially eligible or until they exhaust their 60 months of TANF eligibility.

   3.  § 153.44(d)(1)(iii)

   This paragraph is deleted. A definition of the term ''part-time work'' is unnecessary since ''part-time work'' is eliminated from the definition of unemployment at § 153.44(d)(1)(ii).

   The following technical change affects TANF-related Medicaid:

   1.  §§ 178.11(5)(i) and (ii) and 178.12(6)(i) and (ii)

   These paragraphs contain a cross-reference to § 153.44(d). No regulatory change is made to these paragraphs; however, the rules as defined in § 153.44(d) apply to TANF-related Medicaid applicants and recipients.

   Failure by the DPW to implement the provisions of this Notice of Rule Change will result in noncompliance with the TANF State Plan published at 29 Pa.B. 5658 (October 30, 1999).

   This Rule Change has been reviewed and approved by the Office of General Counsel and the Office of Attorney General.

   This Rule Change is made under the Joint Committee on Documents Resolution 1998-1(2), 28 Pa.B. 2629 (June 6, 1998). This Rule Change will be in effect for 365 days pending adoption of final rulemaking by DPW.

   Public comments to this Rule Change may be made by writing to Edward J. Zogby, Director, Bureau of Policy, Office of Income Maintenance, Room 431, Health and Welfare Building, Harrisburg, PA 17105.

   Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (Voice users).

FEATHER O. HOUSTOUN,   
Secretary

   Fiscal Note:  14-NRC-75. No fiscal impact; (8) recommends adoption.

[Pa.B. Doc. No. 00-993. Filed for public inspection June 9, 2000, 9:00 a.m.]



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