§ 183.36. Income deemed available from a sponsor.
(a) If the sponsor is an individual. For a period of 3 years following an aliens entry into the United States, income is deemed available from the sponsor and the sponsors spouse if the following conditions are met:
(1) The sponsor and the sponsors spouse live together and do not receive TANF, GA, SBP or SSI.
(2) The sponsor signed an affidavit of support or a similar agreement on behalf of the alien as a condition of the aliens entry into the United States.
(3) The alien filed an application for TANF or GA for the first time after September 30, 1981.
(4) The alien has resided in the United States for purposes of permanent residency less than 3 years.
(5) The alien is not a dependent child, stepchild or a spouse of the sponsor.
(6) The aliens admission to the United States is not as a result of the application of the following provisions of the Immigration and Nationality Act:
(i) Section 207(c), effective March 31, 1980Aliens Admitted as Refugees (8 U.S.C.A. § 1157(c)).
(ii) Section 203(a)(7), effective prior to April 1, 1980Aliens Admitted as Conditional Entrant Refugees (8 U.S.C.A. § 1153(a)(7)).
(iii) Section 208Aliens Granted Political Asylum by the Attorney General (8 U.S.C.A. § 1158(a)(5)).
(iv) Section 212(d)(5)Aliens Granted Temporary Parole Status by the Attorney General (8 U.S.C.A. § 1182(d)(5)).
(7) The aliens admission to the United States is not as a result of the application of section 501(e) of the Refugee Education Assistance Act of 1980 (8 U.S.C.A. § 1522 note), relating to Cuban and Haitian entrants.
(b) If the sponsor is an agency. For a period of 3 years following the aliens entry into the United States, an alien sponsored by a public or private agency under subsection (a)(2) is eligible for assistance if the following conditions are met:
(1) The alien meets the requirements of subsection (a)(4)(7).
(2) The agency no longer exists or the alien provides documentation certified as correct by the agencys financial officer or a certified accountant that the agencys income is not sufficient to meet the aliens needs.
The provisions of this § 183.36 issued under section 403(b) of the Public Welfare Code (62 P. S. § 403(b)).
The provisions of this § 183.36 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3921.
This section cited in 55 Pa. Code § 183.105 (relating to increases in income).
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