§ 257.23. Requirements.

 (a)  Ownership rights and reimbursement actions affected. Ownership rights and reimbursement actions are affected by the following:

   (1)  Reimbursement is based on the rights to ownership of property while assistance is being received. Both of these factors are variable and the determination of the correct reimbursement action to take to assure acknowledgment of liability for reimbursement is dependent on the following:

     (i)   The category, period and relationships involved in the granting of assistance, as provided in subsection (b).

     (ii)   The type of property, as described in subsection (c).

     (iii)   The way property is owned, as provided in subsection (b).

   (2)  It is sometimes very difficult to determine when the right to ownership begins. A complete statement of the technical aspects of reimbursement is, therefore, impractical. The material contained in subsections (b) and (c) is confined to the most common legal complications which affect DHS 9s and assignments and their effect on collection and protection of reimbursement claims. A complicated situation and question which cannot be answered by subsections (b) and (c) should be referred to the Area Office which shall either furnish advice as to the property action or will initiate the action itself.

 (b)  Assistance categories requiring reimbursement. Reimbursement is required for the following:

   (1)  Assistance granted to or for the obligor on or after December 31, 1934, in the case of OAA, or July 1, 1937, for AFDC, AD or GA, plus the assistance in paragraphs (2)—(5).

   (2)  AFDC and GA granted to or for the spouse and minor children of the obligor:

     (i)   On or after July 1, 1937, while they were included in his grant group.

     (ii)   On or after July 1, 1942, while they were living with him and he was receiving assistance in the same or different grant group.

     (iii)   On or after September 1, 1945, while they were living with him, whether or not he was receiving assistance.

     (iv)   On or after August 1, 1950, and before September 1, 1961, regardless of living arrangements or assistance status.

   (3)  AFDC and GA granted to or for the spouse and unemancipated minor children of the obligor on or after September 1, 1961, regardless of living arrangements or assistance status.

   (4)  AFDC, GA, OAA and AD granted to or for the parents, grandparents, grandchildren and adult children of the obligor on or after July 1, 1937, and before September 1, 1945, while they were included in his grant group.

   (5)  Assistance granted on or after September 1, 1949, for the care of the minor child of the obligor in a foster or children’s home.

   (6)  Reimbursement is not required for the portion of AFDC grant received after July 1, 1982 which represents the difference between the amount of the grant with a dependent care deduction made under §  183.44(a)(2)(ii)(A) (reserved) and what the AFDC grant would be if there were no dependent care deduction.

 (c)  List of properties liable and methods of acknowledgment. The following chart governs day-by-day decisions on most property from which reimbursement is required. When a situation arises in which there is an unlisted asset that appears to be similar to others that have been listed, the CAO shall bring it to the attention of the Area Office. If reimbursement is required, the Area Office shall take appropriate action. Although the owner may not be required to make reimbursement from or acknowledge liability of certain assets during the owner’s lifetime, a claim filed against his estate at death is against all assets.

ASSET	REIMBURSEMENT REQUIRED OF ASSISTANCE RECEIVED ON AND AFTER THE FIRST PAYMENT DAY FOLLOWING	REIMBURSEMENT NOT REQUIRED	ACKNOWLEDG- MENT OF LIABILITY
REAL PROPERTY
Burial Plots
Owned as an investment	Date acquired	If not owned as an investment but used or planned for use for family burials.	Refer to Area Office
Damages
Moneys received from fire insurance and condemnation awards, etc.	Date original property was acquired.	From funds held in escrow to replace property or to repair damages and used for replacement.	Refer to Area Office on PA 173-S (§ §  257.24(g), 257.24(b)(5)(ix)).
Houses on Leased Land	Date acquired		Refer to Area Office (§  257.24(c)(1)).
Property Purchased with Proceeds of Veterans’ Bonus	Date acquired	From that part of the sales price equal to the amount of the bonus invested.	PA 9 (§  257.24(b)(1))
Real Estate
Examples: Resident or nonresident property, surface and subsurface rights, together with the funds acquired from the lease, sale or other conversion of the asset.	Date interest in real estate was acquired or right of action existed from which property resulted. (§  257.24(h))	From income resulting from transactions that do not deplete the property, e.g., rent or income from farming timber (income from the sale of timber, which has been cut selectively or replaced so that the total timber resources are not depleted).	PA 9 (§  257.24(b)(1))
Trailer Homes	Date acquired		Refer to Area Office on PA 173-S
REAL PROPERTY
Alimony Payments	Normal payment date	If paid before first payment day after normal due date.	PA 176-K *Delayed (specify) payments.
Asset Formerly Owned but not Legally Claimable (Old Debts, Returned Gifts, Etc.)	Date acquired		Refer to Area Office on PA 173-S.
Black Lung Benefits	First day of first month following the month of entitlement.	If paid before first payment day after normal due date.	PA 176-K *Delayed (or retroactive) Black Lung Benefits.
Christmas Savings Funds	Date acquired		Assignment, Refer to Area Office on PA 173-S.
Delayed Wages	Normal payment date		PA 176-K *Delayed Wages due from (specify).
Other Delayed Payments	Normal payment date		Assignment. Refer to Area Office on PA 173-S.
Estates of Deceased Recipients	Date originally acquired		Refer to Area Office PA 176-S.
Goods, Chattels, Autos and Antiques	From date conversion into cash was required	Unless assistance was granted pending conversion into cash.	PA 176-K *Cash from the sale of (specify).
*Insert phrase on PA 176-K

ASSET	REIMBURSEMENT REQUIRED OF ASSISTANCE RECEIVED ON AND AFTER THE FIRST PAYMENT DAY FOLLOWING	REIMBURSEMENT NOT REQUIRED	ACKNOWLEDG- MENT OF LIABILITY
Inheritances by Living Recipients	Date of death of the person who owned the property.		PA 198-S and PA 9 (§  257.24(c)(2)(iii)).
Leases of Oil, Gas and Mineral Rights	Date right to asset was acquired; not date lease was given.		Assignment. Refer to Area Office.
Life Insurance Cash from adjustment not used for burial reserve.	Date adjustment was required (§  177.31) (relating to resource limit)		PA 176-K *Cash from Insurance adjustment.
Paid to beneficiary	Date of insured’s death but only if payment is delayed.	If benefits are paid promptly. Reimbursement is not required from that part of the resource used to pay burial or last medical expense.	Assignment. Refer to Area Office.
Policies assigned to the Department.	Date adjustment was required (§  177.31). Limited to death benefits and payment of the face amount while living.	From disability and dividend payments and from exemption not exceeding $500 from all insurance. See §  177.31.	Assignment on insurance company’s form or PA 6-F (§  257.24(e)(5)).
Policies not assigned to the Department.	Date adjustment was required (§  177.31) but only if policy should have been assigned.	Unless policy should have been assigned.	Refer to Area Office on PA 173-S.
Lottery Winnings	Date won.		Refer to Area Office on PA 173-S.
Mortgages, Judgments, Trust Funds, Leases, Options, Etc.	Date acquired		Assignment. Send memorandum to Area Office to prepare assignments.
*Insert phrase on PA 176-K

ASSET	REIMBURSEMENT REQUIRED OF ASSISTANCE RECEIVED ON AND AFTER THE FIRST PAYMENT DAY FOLLOWING	REIMBURSEMENT NOT REQUIRED	ACKNOWLEDG- MENT OF LIABILITY
Railroad Retirement Benefits
Single final payment	Normal payment date	If paid before first payment day after normal due date.	PA 176-K *Delayed (or retroactive) Railroad Retirement Benefits.
Periodic payments	Normal payment date (fourth day of second month following month of entitlement)	If paid before first payment day after normal due date.	PA 176-K *Delayed (or retroactive) Railroad Retirement Benefits.
Personal Damage Claims and Awards A claim resulting from injuries to a person.	Date of injury, but no earlier than 9-26-51 when Support Law was amended. Only exception is award made prior to 9-26-51 and being contested; due date is then date of original award. When an award is made to a minor reimbursement required only for assistance to or for minor; if to an adult, calculate in usual way.If a guardian is appointed, a parent’s signature is no longer a condition of eligibility. The guardian is asked to sign the 176-K, and if a refusal is encountered, a referral is made promptly to the Claim Settlement Area.	From that part of the award paid for necessary burial and medical costs arising from injury and no otherwise paid, and cost of collecting the damages.	Obtain PA 176-K (*pending recovery of damages) and send to Area Office with memorandum in duplicate summarizing situation and giving names of attorneys, plaintiff, defendant, insurance company, etc.
*Insert phrase on PA 176-K

ASSET	REIMBURSEMENT REQUIRED OF ASSISTANCE RECEIVED ON AND AFTER THE FIRST PAYMENT DAY FOLLOWING	REIMBURSEMENT NOT REQUIRED	ACKNOWLEDG- MENT OF LIABILITY
Personal Property Damages Moneys received from fire insurance, compensation for destruction, etc., on reimbursable property.	Date original property was acquired.	From funds held in escrow for replacement of damaged property and used for replacement and for costs of collection.	Obtain PA 176-K (*pending recovery of damages) and send to Area Office with memorandum in duplicate summarizing situation and giving names of persons and firms involved.
Public Charge Bond (Aliens only. Does not apply to Displaced Persons.)	Date of entry into the country, for a period of 5 years.	If sponsor was not required by Federal authorities to file a bond as a condition for admission of the alien into this country.	Refer to Area Office on PA 173-S.
Railroad Unemployment Benefits Periodic payments	Normal payment date (10th day after end of each registration period).	If paid before first payment day after normal due date.	PA 176-K *Delayed (or retroactive) benefits due under the Railroad Retirement Act.
Rent Refunds	Date of overpayment		Refer to Area Office on PA 173-S.
Retirement Funds Which May Be Withdrawn in One Payment	Date conversion into cash was required	Unless assistance was granted pending conversion into cash.	PA 176-K *Retire ment benefits due from (specify)
Social Security Retirement, Survivor’s and Disability Income Benefits (RSDI)	Normal payment date	If paid before first payment day after normal due date	PA 176-K* Delayed or retroactive social security retirement, survivor’s or disability income benefits.
*Insert phrase on PA 176-K

ASSET	REIMBURSEMENT REQUIRED OF ASSISTANCE RECEIVED ON AND AFTER THE FIRST PAYMENT DAY FOLLOWING	REIMBURSEMENT NOT REQUIRED	ACKNOWLEDG- MENT OF LIABILITY
State Employees Retirement System Benefits
Single final payment	Normal payment date (6 weeks from date of separation)	If paid before first payment day after normal due date.	PA 176-K *Delayed (or retroactive) State Employees Retirement System.
State Employees Retirement System Benefits Periodic payments	Normal payment date (6 weeks from effective date or retirement)	If paid before first payment day after normal due date.	PA 176-K *Delayed (or retroactive) State Employees Retirement System.
Paid to beneficiary death	Normal payment date (7 weeks from date of employe’s death)	If paid before first payment day after normal due date. Reimbursement is not required from that part of the resource used to pay burial or last medical expense.	PA 176-K *Delayed benefit State Employees Retirement System.
SSI-Supplemental Security Income	Normal payment date.	If paid before the first payment day after normal due date.	PA 176-K for AFDC *Delayed (or retroactive) benefits SSI. 176-S for GA SBP.
Other Federal Benefits and Pensions	Normal payment date.	If paid before first payment day after normal due date.	PA 176-K *Delayed payment day after (or retroactive benefits due from (specify)
Other Retirement Benefits andPensions	Normal payment date.	If paid before first payment day after normal due date.	PA 176-K *Delayed (or retroactive) benefits due from (specify)
*Insert phrase on PA 176-K

ASSET	REIMBURSEMENT REQUIRED OF ASSISTANCE RECEIVED ON AND AFTER THE FIRST PAYMENT DAY FOLLOWING	REIMBURSEMENT NOT REQUIRED	ACKNOWLEDG- MENT OF LIABILITY
Sick Benefits All kinds	Normal payment date.	From that part of benefits paid for necessary medical and burial costs arising from the illness and not otherwise paid and costs of collecting the benefits.	PA 176-K *Delayed sick benefits
Soldiers’ Allotments	Normal payment date.	If paid before first payment day after normal due date.	PA 176-K *Allotment from (specify)
Stocks, Bonds B & L Shares Not Immediately Saleable	Date acquired		Assignment on certificate ownership (§  257.24(e)(6))
Support Order Payments
Orders payable to recipient	Normal payment date	If paid before first payment day after normal due date.	PA 176-K *Delayed support payments.
Orders payable to Department	As ordered by the court		Refer to Area Office on 173-S
UMWA Welfare Fund Benefits
Initial payments		Under any circumstances
Suspended payments—payments for a period during which the Fund suspended payments and which are later paid retroactively	The beginning of the suspension	If retroactive benefits are not paid.	PA 176-K *Suspend- ed benefits from the UMWA Health, Welfare and Retirement Fund
Unemployment Compensation
Pennsylvania employment	Normal payment date (7 days after reporting day).	If paid before first payment date after normal due date.	PA 176-U (See §  257.24(e)(2)).
*Insert phrase on PA 176-K

ASSET	REIMBURSEMENT REQUIRED OF ASSISTANCE RECEIVED ON AND AFTER THE FIRST PAYMENT DAY FOLLOWING	REIMBURSEMENT NOT REQUIRED	ACKNOWLEDG- MENT OF LIABILITY
Out-of-State employment, Federal Employee and Veterans Unemployment Compensation	Normal payment date (7 days after reporting day. See §  225.11.	If paid before first payment day after normal due date.	PA 176-K *Delayed Unemployment Compensation (Out- of-State or Federal Employee or Veterans)
Unsecured Claims, Unsecured Loans Due Applicant/recipient	Date acquired	Unless assistance was granted pending conversion into cash	Assignment if possible, otherwise PA 176-K Money due me from (specify) (§  257.-24(i)(1))
Veterans Benefits and Pensions	Normal payment date	If paid before first payment day after normal due date	PA 176-K *Delayed (or retroactive) benefits due from (specify)
Vocational Training Payments	Normal payment day (7 days after the end of the compensable training week).	If paid before first payment date after normal due date.	PA 176-K Enter on form: Delayed (Specify) Training Payments.
Workmen’s Compensation
Periodic benefits	Normal payment date (end of 2nd week following injury)	If paid before first payment date after normal due date.	PA 176-K *Delayed Workmen’s Compensation Benefits
Lump-sum award	Date of injury	From that part of benefits paid for necessary medical and burial costs arising from the illness and not otherwise paid and costs of collecting the benefits.	PA 176-K *Work men’s Compensation Benefits
*Insert phrase on PA 176-K

Authority

   The provisions of this §  257.23 issued under section 403(a) and (b) of the Public Welfare Code (62 P. S. §  403 (a) and (b)).

Source

   The provisions of this §  257.23 adopted August 4, 1977, effective August 5, 1977, 7 Pa.B. 291; amended July 3, 1981, effective September 2, 1981, 11 Pa.B. 2394; amended August 27, 1982, effective August 28, 1982, 12 Pa.B. 2851; amended October 15, 1982, effective October 16, 1982, 12 Pa.B. 3738; amended October 15, 1982, effective October 16, 1982, 12 Pa.B. 3738; amended August 26, 1988, effective November 1, 1988, 18 Pa.B. 3893; amended August 26, 1988, effective November 1, 1988, 18 Pa.B. 3921. Immediately preceding text appears at serial pages (109148) to (109158).

Notes of Decisions

   Discontinuing a recipient’s eligibility because of his refusal to sign Form PA 176-K as an acknowledgment of liability for a pending workmen’s compensation claim is permissible since the form is not an assignment of such claims and is not tantamount to legal process, but this is not to say that the form may be used for reimbursement based on moneys received under such claims. Congleton v. Department of Public Welfare, 409 A.2d 1382 (Pa. Cmwlth. 1980).

   A pending workmen’s compensation claim is property. Congleton v. Department of Public Welfare, 409 A.2d 1382 (Pa. Cmwlth. 1980).

   When a petitioner’s unemployment benefits cover a different time period than was covered by public assistance, the unemployment benefits should not have been deducted from assistance amount. Toney v. Department of Public Welfare, 561 A.2d 75 (Pa. Cmwlth. 1989).

Cross References

   This section cited in 55 Pa. Code §  257.22 (relating to definitions); and 55 Pa. Code §  257.24 (relating to procedures).

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