Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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55 Pa. Code § 125.21. Policy.

TANF/GA PROVISIONS FOR THE APPLICATION PROCESS


§ 125.21. Policy.

 (a)  Client as the primary source of information. The client will be the primary source of information in establishing eligibility for cash assistance. In establishing his eligibility, the client shall be required to substantiate the information the applicant has provided by documentary evidence or other means as may serve to establish the truth of the applicant’s statements.

 (b)  Verification. Conditions of eligibility, need, which includes need for special need allowances, and resource items will be verified at the application interview and prior to authorizing cash assistance and at the time of each redetermination, complete or partial, as specified in Chapter 133 (relating to redetermining eligibility).

   (1)  If necessary verification is pending from a third party including certification of cooperation from the Domestic Relations Section of the Court of Common Pleas and the client has cooperated in the verification attempt, initial authorization of cash assistance will not be delayed more than 30-calendar days from the date of receipt of a completed, signed application.

   (2)  Verification subsequent to authorization shall be provided within 30-calendar days following the authorization date. If the client is cooperating in the verification attempt and the delay in securing the information is due to a third party, assistance will continue until documentation is secured. Cooperation and progress on securing the documentation shall be reassessed every 30-calendar days.

 (c)  Disclosure. It shall be a condition of eligibility for cash assistance that an applicant or recipient disclose information about the age, residence, citizenship, employment, income and resources of the applicant or recipient and consent to the disclosure of the information which is in the possession of third parties.

Authority

   The provisions of this §  125.21 issued under sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. § §  201(2) and 403(b)).

Source

   The provisions of this §  125.21 amended July 16, 1982, effective July 17, 1982, 12 Pa.B. 2286; amended October 4, 1991, effective October 5, 1991, apply retroactively to November 1, 1989, 21 Pa.B. 4643; amended July 28, 2000, effective retroactive to June 17, 1996, 30 Pa.B. 3779. Immediately preceding text appears at serial pages (266093) to (266094).

Notes of Decisions

   Primary Source of Information

   If a recipient denies being married but in her request for a hearing and at the hearing she concedes her marriage but questions its validity, she has not given sufficient information to establish eligibility, especially in light of her obligation to substantiate her claim by documentary evidence or such other means as may serve to establish the truth of her statements. Neal v. Department of Public Welfare, 413 A.2d 1195 (Pa. Cmwlth. 1980).

   The client was properly denied benefits since she failed to return the information forms concerning the income available to her legally responsible relatives. Dempsey v. Department of Public Welfare, 404 A.2d 1373 (Pa. Cmwlth. 1979).

   Substantial Evidence

   Testimony of the recipient, her son, and her daughter as to the fact that recipient’s husband did not reside in the household, coupled with evidence of the husband’s repeated denials of residence with recipient, constituted substantial evidence such that the Secretary’s reversal of a determination of the Hearing Examiner that recipient’s benefits should be reinstated was in turn reversed by the court. Augelli v. Department of Public Welfare, 468 A.2d 524 (Pa. Cmwlth. 1983).

Cross References

   This section cited in 55 Pa. Code §  133.24 (relating to procedures); 55 Pa. Code §  140.103 (relating to verification of income); 55 Pa. Code §  183.5 (relating to income verification); 55 Pa. Code §  183.105 (relating to increases in income); and 55 Pa. Code §  275.5 (relating to settling appeals and paying retroactive benefits—statement of policy).



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