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55 Pa. Code § 151.42. Definitions.

§ 151.42. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Adult—An individual who is 19 years of age or older or who is 18 years of age and not a full-time student in a secondary school or in the equivalent level of vocational or technical training.

   Specified relative—An adult or a minor parent who is exempt, under §  141.21(q) (relating to policy), from the requirements to live with an adult and who conforms with the following:

     (i)   Is exercising responsibility for the care and control of the child. This means actually participating in making plans for the support, education and maintenance of the child and supervising carrying out the plans, and making the application for assistance on behalf of the child. The finding that a relative is exercising care and control of the child shall be made whether the relative is the parent or other relative of the child.

     (ii)   Is maintaining a home where the child lives with him, or is in the process of setting up a home where the child will go to live with him within 30 days after he receives the first TANF payment.

     (iii)   Is related to the child as follows:

       (A)   A blood relative who is within the fifth degree of kinship to the dependent child, including a first cousin once removed. Second cousins and more remote cousins are not within the fifth degree of kinship. A first cousin once removed is the child of one’s first cousin or the first cousin of one’s parent. The fifth degree of kinship includes great-great grandparents and great-great-great grandparents. The fifth degree of kinship also includes other relationships prefixed by great, great-great, grand or great-grand. Blood relatives include those of half-blood.

       (B)   A parent by legal adoption and any of the adopting parent’s blood or adoptive relatives as described in clause (A).

       (C)   Stepfather, stepmother, stepbrother and stepsister.

       (D)   A spouse of a person named in this subparagraph, even though the marriage is terminated by death, separation or divorce.

Authority

   The provisions of this §  151.42 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; and the Federal TANF regulations in 45 CFR 260.10—265.10.

Source

   The provisions of this §  151.42 amended June 18, 1993, effective immediately and applies retroactively to October 10, 1992, 23 Pa.B. 2836; amended September 13, 2002, effective retroactively to March 3, 1997, 32 Pa.B. 4435. Immediately preceding text appears at serial pages (268309) to (268310).

Notes of Decisions

   The grandmother of a child could be a ‘‘specified relative’’ if she exercised the responsibility for the care and control of the child, maintained a home where the child lived with her and would receive AFDC benefits on behalf of that child. Weaver v. Department of Public Welfare, 403 A.2d 1366 (Pa. Cmwlth. 1979). (Concurring Opinion).

Cross References

   This section cited in 55 Pa. Code §  141.1 (relating to policy); 55 Pa. Code §  141.21 (relating to policy); 55 Pa. Code §  141.42 (relating to definitions); 55 Pa. Code §  141.71 (relating to policy); 55 Pa. Code §  141.81 (relating to eligibility policy for Medically Needy Only); 55 Pa. Code §  171.21 (relating to policy); 55 Pa. Code §  171.22 (relating to definitions); 55 Pa. Code §  178.11 (relating to categories of NMP-MA); 55 Pa. Code §  178.12 (relating to categories of MNO-MA); 55 Pa. Code §  181.41 (relating to categories of NMP-MA); 55 Pa. Code §  181.42 (relating to categories of MNO-MA); 55 Pa. Code §  281.2 (relating to definitions); and 55 Pa. Code §  289.3 (relating to requirements).


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