Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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43 Pa. Code § 5.1. Definitions.

§ 5.1. Definitions.

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

   Act—Title 51 of the Pennsylvania Consolidated Statutes Chapter 85 (relating to veterans’ emergency assistance).

   Bureau—The Bureau for Veterans’ Affairs of the Department.

   Commission—The State Veterans’ Commission.

   Department—The Department of Military Affairs of the Commonwealth.

   Military or naval service of the United States—The United States Army, Navy, Air Force, Marine Corps, Coast Guard and the reserve components thereof when engaged in active Federal military service. The term also includes members of the American Merchant Marine in oceangoing service during the period of armed conflict from December 7, 1941 to August 15, 1945, who have a Department of Defense Certificate of Release or Discharge from Active Duty or its equivalent.

   Peacetime hostile fire—A situation resulting in casualties to members of the military or naval forces of the United States, or women’s organizations officially connected therewith, during periods other than established war or armed conflict service dates when American armed forces are engaged in hostilities or exchange fire with the armed forces of a foreign state or terrorists or when American armed forces are targets of fire from the armed forces of foreign states or terrorists.

   Sudden or unexpected loss of income or other source of support—Loss of income that arises from factors beyond the control of the applicant in a sudden or unexpected manner, including sickness, disability and loss of employment. These factors shall have occurred within 180 days prior to the date of application. Factors beyond the control of the applicant include acts of nature, such as floods/tornadoes or other natural catastrophes that cause sudden loss of property or valuables.

   Surviving children of an eligible veteran—Includes, for purposes of determining whether qualified as ‘‘surviving dependents’’ under 51 Pa.C.S. §  8501 (relating to definitions), legitimate children, legally adopted children, stepchildren who were members of an eligible veteran’s household when the veteran died and are dependent on the veteran for support and illegitimate children of the eligible veteran when one of the following applies:

     (i)   The eligible veteran is the mother of the illegitimate children.

     (ii)   The eligible veteran is the father of the illegitimate children and has acknowledged them in writing signed by the eligible veteran or has been judicially ordered to contribute to the children’s support or judicially decreed to be the father.

   Surviving parents of an eligible veteran—Includes, for purposes of determining whether they qualify as surviving dependents under 51 Pa.C.S. §  8501, a mother, father, mother through adoption or father through adoption.

   Terrorist attack—An act of violence, including bombings, kidnappings, shootings and assaults, perpetrated by individuals or groups against members of the military or naval forces of the United States, or a women’s organization officially connected therewith, for political, anarchist or other motives.

   War or armed conflict—The Mexican border period, World War I, World War II, the Korean Conflict, the Vietnam Era and periods beginning on the date of a future declaration of war by Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution, as well as dates established by Federal statute or regulations of the United States Department of Veterans’ Affairs as being periods of war or armed conflict.

   Women’s organization officially-connected with the military or naval forces—An organization for females affiliated with the United States Armed Forces whose former members are recognized as veterans by the United States Department of Veterans’ Affairs.

Authority

   The provisions of this §  5.1 amended under the Military Code, 51 Pa.C.S. §  1704(7).

Source

   The provisions of this §  5.1 adopted January 1, 1930; amended August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813. Immediately preceding text appears at serial page (110342).



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