§ 257.22. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Adult—One who is 21 years of age or older.
Lien—A legal claim on property as security for debt. The lien obtained by filing a DPA 9 is similar to one obtained if the Department sued the person liable for reimbursement and the court gave judgment in favor of the Department.
Living with—Using the same family living quarters. Temporary absences while hospitalized, in detention, working elsewhere and the like will not be considered to interrupt the arrangement.
Minor child—One who is under 21 years of age.
Obligor—The owner of real or personal property subject to reimbursement.
Ownership of property—In accordance with the Support Law (62 P. S. § § 1971—1977), only property owned or to which there was a right of ownership at the time the assistance was received will be held liable. Reimbursement will be based on the property, not on property acquired after discontinuance of assistance. A right to ownership will exist when there is a resource of which actual possession is delayed because of legal processes or other reason.
Property which is liable for reimbursement—Generally, that which is not immediately converted into cash and used for current maintenance. Resident property, frozen assets, interests in or rights to real property, benefits, compensation, damages or other assets whose conversion into cash is delayed are examples of resources from which reimbursement will be required. A more complete list is given in § 257.23 (relating to requirements).
Reimbursement—The repayment of assistance granted to a person or certain of his relatives while he has ownership or the right to ownership of property. Repayment of assistance for which the recipient was not eligible is termed restitution, as set forth in Chapter 255 (relating to restitution).
Unemancipated minor child—One who is under 21 years of age, not married and in the care and control of his parents.
Source The provisions of this § 257.22 adopted August 4, 1977, effective August 5, 1977, 7 Pa.B. 2180.
Notes of Decisions The Department’s reimbursement regulations requiring welfare recipients with property to sign certain forms while not requiring recipients without property to do so are reasonable and not a violation of equal protection. Rohrer v. Department of Public Welfare, 604 A.2d 746 (Pa. Cmwlth. 1992); appeal denied 612 A.2d 986 (Pa. 1992).
The definition of an unemancipated minor set forth at 55 Pa. Code § 257.22 is the same as the common law definition, and the definition set forth in § 257.22, not the definition of emancipated minor set forth at 55 Pa. Code § 145.62 (relating to definitions), applies for purposes of determining eligibility for AFDC. Ross v. Department of Public Welfare, 431 A.2d 1135 (Pa. Cmwlth. 1981).
Even though the definitions pertaining to unemancipated minors which appear at 55 Pa. Code § 145.62 (relating to definitions) and 55 Pa. Code § 257.22 (relating to definitions) are materially identical, the definition of ‘‘emancipated minor’’ which appears in the former section applies only to GA benefits, not to AFDC benefits. Wilson v. Department of Public Welfare, 412 A.2d 691 (Pa. Cmwlth. 1980).If the DPW fails to make a finding of fact as to whether an allegedly ‘‘unemancipated minor child’’ was under the care and control of her mother, the court is unable to determine that issue and the case is to be remanded to the DPW for the purpose of making findings of fact and conclusions of law. Wilson v. Department of Public Welfare, 412 A.2d 691 (Pa. Cmwlth. 1980).
Although the definition of unemancipated minor which appears in 55 Pa. Code § 257.22 (relating to definitions) is the definition which should be used in determining eligibility for AFDC benefits, the definition of unemancipated minor which appears in 55 Pa. Code § 145.62 (relating to definitions) is materially identical and its use instead was an insignificant error. Fink v. Department of Public Welfare, 403 A.2d 214 (Pa. Cmwlth. 1979); affirmed 421 A.2d 205 (Pa. 1980).
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