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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 1118 (February 27, 2021).

55 Pa. Code § 140.421. Conditions of eligibility.


§ 140.421. Conditions of eligibility.

 Eligibility for EMC is based on the following:

   (1)  A family shall meet the appropriate eligibility conditions in this chapter. The specific eligibility conditions which shall be met are the following:

     (i)   Chapter 148 (relating to MA residence provisions for categorically needy NMP-MA and MNO-MA).

     (ii)   Chapter 149 (relating to citizenship and alienage).

     (iii)   Chapter 155 (relating to enumeration).

     (iv)   Chapter 255 (relating to restitution and reimbursement).

   (2)  AFDC/AFDC-U recipients whose Cash Assistance is discontinued may be eligible for up to 12 months of EMC under the NMP-MA Program beginning with the day following the closing date of Cash Assistance if Cash Assistance was discontinued for one or more of the following reasons:

     (i)   New employment.

     (ii)   Increased hours of employment.

     (iii)   Increased income from employment.

     (iv)   Termination of the 4-month $30 and one-third disregard or the subsequent 8-month $30 disregard.

   (3)  The recipient received AFDC/AFDC-U payment in at least 3 of the 6 months immediately preceding the month Cash Assistance was discontinued. Receipt of AFDC/AFDC-U is also counted under the following circumstances:

     (i)   When the budget group is eligible for a payment but is not issued a check because of the $10 minimum check requirement.

     (ii)   When the AFDC/AFDC-U payment is withheld due to excess income in a budget month that results in a 1-month suspension.

   (4)  The recipient has not received AFDC/AFDC-U fraudulently during any month in the 6 months immediately preceding the month Cash Assistance was discontinued. Fraudulently received AFDC/AFDC-U means that an adjudication of fraud determined by a court must have occurred.


   The provisions of this §  140.421 adopted October 16, 1992, effective upon publication and apply retroactively to April 1, 1990, 22 Pa.B. 5164.

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