Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 5522 (August 28, 2021).

55 Pa. Code § 141.53. Eligibility based on domestic violence.

§ 141.53. Eligibility based on domestic violence.

 (a)  Eligibility. A family may receive Extended TANF if the individual or other family member is or has been a victim of domestic violence, as defined in §  187.22 (relating to definitions) or is at risk of further domestic violence. Eligibility for Extended TANF under this section is subject to the following:

   (1)  Verification of domestic violence not required. No further verification of domestic violence is required if the individual or other family member has met one of the following:

     (i)   A current or past good cause waiver of child support cooperation requirements.

     (ii)   A current or past waiver of RESET requirements under Chapter 165 (relating to Road to Economic Self-Sufficiency Through Employment and Training (RESET)).

     (iii)   Received time-out benefits under Chapter 281 (relating to time-out benefits) based on domestic violence.

   (2)  Verification or self-affirmation of domestic violence required. If the individual is not excused from providing verification of domestic violence under paragraph (1), the individual shall meet one of the following conditions:

     (i)   Provide one of the types of verification specified in §  187.27(b)(1)(iv)—(vi) (relating to waiver of cooperation for good cause).

     (ii)   Affirm in writing that the individual or other family member is at risk of domestic violence and unable to safely obtain other evidence.

   (3)  Completion of form. The CAO and the individual shall complete the Domestic Violence Verification Form under §  187.27(b)(1)(vii), except that the 6-month limitation in §  187.27(b)(1)(vii)(C) does not apply. The perpetrator or alleged perpetrator of the domestic violence is prohibited from completing the Domestic Violence Verification Form.

 (b)  Domestic violence services plan. The individual shall have a domestic violence services plan that meets the requirements of 45 CFR 260.55(c) (relating to what are the additional requirements for Federal recognition of good cause domestic violence waivers).

 (c)  Duration. If otherwise eligible, a family may receive Extended TANF based on domestic violence for as long as necessary.

 (d)  Review of eligibility.

   (1)  Review of eligibility. The CAO will review eligibility for Extended TANF based on domestic violence at least every 6 months.

   (2)  Additional verification. No additional verification of domestic violence is required if circumstances have not changed.

 (e)  Ineligibility. If the individual fails to comply with this section, the family is ineligible for Extended TANF under this section until the individual complies.

 (f)  Other bases for eligibility. A family ineligible for Extended TANF based on domestic violence may be eligible for Extended TANF under §  141.54, §  141.55 or §  141.56 (relating to maximizing participation project; mandatory RESET participants; and deferred referral).

 (g)  Definition. As used in this section, the following word has the following meaning, unless the context clearly indicates otherwise:

 Individual—The adult head of household or spouse of head of household.

Authority

   The provisions of this §  141.53 issued under sections 402(a)(7)(A)(iii) and (B) and 408(a)(7)(A) and (C) of the Social Security Act (42 U.S.C.A. § §  602(a)(7)(A)(iii) and (B) and 608(a)(7)(A) and (C)); 45 CFR 264.1(c); sections 201(1), 401(a), 403(b), 405, 405.1, 405.3, 432, 432(3) and (8) and 432.21(a) of the Public Welfare Code (62 P. S. § §  201(1), 401(a), 403(b), 405, 405.1, 405.3, 432, 432(3) and (8) and 432.21(a)); the act of May 16, 1996 (P. L. 175, No. 35); and the Domestic Relations Code, 23 Pa.C.S. § §  4301—4381, 5103, 7101—7901 and 8101—8418.

Source

   The provisions of this §  141.53 adopted October 11, 2002, effective October 12, 2002, 32 Pa.B. 5048.

Cross References

   This section cited in 55 Pa. Code §  108.9 (relating to time limits); 55 Pa. Code §  141.51 (relating to policy); 55 Pa. Code §  141.56 (relating to deferred referral); 55 Pa. Code §  141.57 (relating to special allowances); and 55 Pa. Code §  141.61 (relating to policy).



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