Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › UNEARNED INCOME › Section 183.32 - Support

Current through Register Vol. 54, No. 28, July 13, 2024
Support paid by an LRR for a child or spouse, whether it
						is court-ordered or voluntary, a direct payment to the individual or assigned
						to the Department, is counted in determining eligibility and treated as
						follows:
(1) Support, court-ordered or
					 voluntary, received by the individual in the initial budget month is counted in
					 determining that month's assistance payment.
(2) After the initial authorization, support
					 is collected by the Department and is not counted as income in computing the
					 amount of the monthly assistance payments. The amount of support collected by
					 the Department is used in determining the continued eligibility of the budget
					 group.
(3) The payee of the support
					 payment is required to remit to the Department support payments received after
					 the initial budget month assistance payment. Upon written notification from the
					 Bureau of Child Support Enforcement that the caretaker/relative is not
					 cooperating with the support requirements by failing to remit court ordered or
					 voluntary support payments, the caretaker/relative is removed from the budget
					 group for the first payment month that can be affected.
(4) Support received on behalf of the budget
					 group members by the caretaker/relative during the period of the sanction for
					 failure to cooperate with the support requirements under §
											141.21 (relating to policy) is
					 counted as income when computing the amount of the monthly assistance
					 payment.
(5) Support received by
					 the caretaker/relative for his needs during the period of the sanction for
					 failure to cooperate with the support requirements under §
											141.21 is deemed available to the
					 budget group under §
											183.91 (relating to LRR, parent of
					 an TANF minor parent and stepparent deductions). The income deemed from the LRR
					 is added to other countable income of the budget group and is adjusted to the
					 budget group's monthly assistance payment.
(6) If the client states that voluntary
					 support is no longer being paid and attempts to verify the statement are
					 nonproductive, or if there is a conflict in statements of the two parties
					 involved and no documentation is available to prove either statement, the
					 client's statement is accepted and eligibility exists for the
					 caretaker/relative.
The provisions of this §
													183.32 amended under sections
						  201(2), 403(b) and 432 of the Public Welfare Code (62 P. S. §§
														201(2),
						  403(b) and 432); the Support
						  Law (62 P. S. §§
														1971-1977); Titles I and III of the Personal
						  Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No.
						  104-193) (PRWORA), creating the Temporary
						  Assistance for Needy Families (TANF) Program, and amending
						  42 U.S.C.A. §§
														601-619,
						  651-669(b) and
						  1396u-1;
						  5543 of the Balanced Budget Act of
						  1997 (Pub. L. No.
						  105-33) (42 U.S.C.A. §
														653(p)); the Federal TANF
						  regulations in 45 CFR
						  260.10-265.10; and the
						  Domestic Relations Code,
						  23 Pa.C.S. §§
														4301-4381,
						  5103,
						  7101-7901 and
						  8101-8418.
This section cited in 55 Pa. Code §
													183.33 (relating to
						  contributions); and 55 Pa. Code §
													183.34 (relating to income of a
						  child).