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Pennsylvania Code



Subchapter A. VETERANS’ EMERGENCY
ASSISTANCE PROGRAM


Sec.


5.1.    Definitions.
5.2.    Amounts of emergency assistance.
5.3.    Domicile.
5.4.    Application procedures.
5.5.    Review of applications.
5.6.    Renewal of payment.
5.7.    Reconsideration and appeals.

Authority

   The provisions of this Chapter 5 issued under section 1412 of The Administrative Code of 1929 (71 P. S. §  391b), unless otherwise noted.

§ 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).

§ 5.2. Amounts of emergency assistance.

 (a)  To the extent that appropriations are sufficient, the amount of assistance paid under the Veterans’ Emergency Assistance Program shall equal the assistance payable under the Public Welfare Code (62 P. S. § §  101—1411) to a resident of the county in which the veteran resides who has the same number of dependents as the applying veterans. Veterans’ emergency assistance payments will not exceed the maximum assistance payable for a family of the same size under the Public Welfare Code.

 (b)  The Director of the Bureau may adjust the amounts of assistance payable under this program by reducing the monthly payments or reducing the number of months for which assistance may be paid when the Director finds it necessary to keep projected expenditures within funding appropriated for this program.

Authority

   The provisions of this §  5.2 amended under the Military Code, 51 Pa.C.S. §  1704(7).

Source

   The provisions of this §  5.2 adopted January 1, 1930; amended August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813. Immediately preceding text appears at serial page (110342).

Cross References

   This section cited in 43 Pa. Code §  5.26 (relating to periodic review).

§ 5.3. Domicile.

 (a)  To meet the domicile requirement of 51 Pa.C.S. §  8503(2) (relating to eligibility), an applicant shall demonstrate that he is a permanent bona fide domiciliary of this Commonwealth. Acceptable evidence of domicile includes the following:

   (1)  Tax records; for example, resident state income tax, real property tax on home, personal property tax and the like.

   (2)  Voting records—voter registration.

   (3)  Driver’s license or registration indicating the residence address in this Commonwealth and the county of application.

   (4)  Employment records indicating the residence address in this Commonwealth and the county of application.

 (b)  A person residing in this Commonwealth for a temporary purpose, such as a visit, school attendance, seasonal employment, and the like, does not become a Pennsylvania domiciliary and is not eligible.

 (c)  To be eligible, Pennsylvania shall be the exclusive residence of the applicant. An applicant who maintains a residence in another state is not eligible for emergency assistance.

Authority

   The provisions of this §  5.3 amended under the Military Code, 51 Pa.C.S. §  1704(7).

Source

   The provisions of this §  5.3 adopted January 1, 1930; amended August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813. Immediately preceding text appears at serial page (110342).

§ 5.4. Application procedures.

 (a)  Forms. An application for Veterans’ Emergency Assistance and requests for renewals of assistance payments shall be made on forms prescribed by the Department.

 (b)  Source of forms. Application forms may be obtained from:

   (1)  The County Directors of Veterans’ Affairs.

   (2)  The Service Officers for Veterans’ Organizations.

   (3)  The case workers for the American Red Cross.

   (4)  The Adjutant General’s Offices in Pittsburgh, Philadelphia and Wilkes-Barre.

 (c)  Completion of forms. An applicant for Veterans’ Emergency Assistance shall complete and sign the application form and verify, under penalty of law, that the information submitted in support of the application is true and correct to the best of the applicant’s knowledge and belief. If the applicant is unable to sign the application due to a medical condition, the spouse or legal guardian may sign the application for him.

 (d)  Submission of forms. An application form shall be submitted through one of the offices named in subsection (b). The official submitting the application will review it to verify its completeness and accuracy. The following documents shall be submitted with the application:

   (1)  Veteran’s DD-214 or Report of Separation from active military service.

   (2)  For widows and widowers, a copy of the applicant’s marriage license and veteran’s death certificate.

   (3)  A copy of a birth certificate of the veteran’s dependent children and, if applicable, a copy of court orders indicating payment of child support.

   (4)  Proof of residency by the veteran’s tax record, employment record, voting registration or a copy of a driver’s license.

   (5)  Proof of loss of employment, if applicable, including the applicant’s termination notice from employment.

   (6)  Proof of other benefits, including, if applicable, unemployment compensation, Bureau educational benefits, Bureau disability compensation/pension, social security or Federal, state or local pensions, public welfare, union benefits, Social Security Income, workmen’s compensation or insurance (sick benefits).

   (7)  Proof of lack of other income, including, if applicable, employment pay and allowances, annual or sick leave, income from rental of property, savings, financial assistance provided by family and friends, and interest and dividends.

   (8)  Receipts indicating current monthly mortgage, rent and utility payments.

 (e)  Mailing address. Application forms shall be sent to the Bureau for Veterans’ Affairs, Department of Military Affairs, Fort Indiantown Gap, Annville, Pennsylvania 17003-5002.

Authority

   The provisions of this §  5.4 issued under the Military Code, 51 Pa.C.S. §  1704(7).

Source

   The provisions of this §  5.4 adopted August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813.

§ 5.5. Review of applications.

 (a)  The Bureau will examine applications on behalf of the Commission and make an initial determination to grant or deny Veterans’ Emergency Assistance for 1 month.

 (b)  The Bureau will notify the official submitting the application of approval or denial and notify the applicant of approval through receipt of the first check.

 (c)  An applicant is not eligible to receive a first Veterans’ Emergency Assistance check until the Bureau has verified that the applicant is eligible. The verification shall include certification that the applicant is not receiving monetary assistance under the Public Welfare Code (62 P. S. § §  101—1411) made prior to receipt of the application by the Bureau.

Authority

   The provisions of this §  5.5 issued under the Military Code, 51 Pa.C.S. §  1704(7).

Source

   The provisions of this §  5.5 adopted August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813.

§ 5.6. Renewal of payment.

 When an application is approved, the Bureau will provide the official who submitted the application with renewal request forms for the second and third months of payment. Payment of emergency assistance for a second and third month may be authorized by the Director of the Bureau upon submission of a renewal request form for each additional month.

Authority

   The provisions of this §  5.6 issued under the Military Code, 51 Pa.C.S. §  1704(7).

Source

   The provisions of this §  5.6 adopted August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813.

§ 5.7. Reconsideration and appeals.

 (a)  Reconsideration of initial determination. An applicant may ask the Bureau to reconsider its initial determination within 30 days after notification of the original determination by submitting a written request, together with a statement of reasons or additional information, to the Bureau.

 (b)  Appeals. A person aggrieved by a determination of the Bureau may appeal to the Adjutant General as provided in 51 Pa.C.S. §  8505 (relating to appeals) within 30 days after notification of the Bureau determination. An appeal shall be in writing and state the reasons for the appeal. The Adjutant General, in consultation with the Chairperson of the Commission, will appoint a member of the Commission or other qualified individual to serve as a presiding officer to hear the appeal and prepare and file a proposed report on the matter as provided by 1 Pa. Code Chapter 35 Subchapter G (relating to proposed reports). The Adjutant General will issue the final administrative adjudication of appeals under this subsection.

 (c)  Supersession. Subsections (a) and (b) supersede 1 Pa. Code §  35.20 (relating to appeals from actions of the staff).

Authority

   The provisions of this §  5.7 issued under the Military Code, 51 Pa.C.S. §  1704(7).

Source

   The provisions of this §  5.7 adopted August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813.



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