reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 141 - GENERAL ELIGIBILITY PROVISIONS › ELIGIBILITY PROVISIONS FOR GA › Section 141.61 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Conditions of eligibility
. The following relates to
					 eligibility for GA:
(1) An individual is
					 eligible for GA under the requirements established in subsection (d) and if the
					 appropriate eligibility conditions in the following chapters are met:
(i) Chapter 145 (relating to age).
(ii) Chapter 147 (relating to
					 residence).
(iii) Chapter 149
					 (relating to citizenship and alienage).
(iv) Chapter 161 (relating to persons in
					 institutions).
(v) Chapter 163
					 (relating to guardians and trustees).
(vi) Chapter 165 (relating to road to
					 economic self-sufficiency through employment and training (RESET)
					 program).
(vii) Chapter 177
					 (relating to resources).
(viii)
					 Chapters 125 and 127 (relating to application process; and reserved).
(ix) Chapter 255 (relating to
					 restitution).
(x) Chapter 257
					 (relating to reimbursement).
(xi)
					 Furthermore, eligibility for GA requires that the person is not receiving SBP
					 or SSI. However, a person receiving SSI, but who is receiving less than the
					 maximum SSI payment may receive assistance to supplement his SSI. Refer to
					 §§
													297.1(e)(4) and
					 297.3(n)
					 (relating to policy; and requirements).
(xii) Furthermore, eligibility for GA
					 requires that the person be ineligible for TANF and Extended TANF because of
					 failure to meet TANF and Extended TANF definitive conditions. An applicant or
					 recipient who does not qualify for TANF or Extended TANF solely because of a
					 refusal or failure, without good cause, to establish eligibility for TANF or
					 Extended TANF is ineligible for GA. A person meeting definitive conditions but
					 ineligible for TANF because of income, resources or participation in a strike
					 is not eligible for GA. A person who refuses without good cause to cooperate in
					 establishing paternity or support as required in the TANF or Extended TANF
					 program is ineligible for GA. A family in which an adult refuses or fails,
					 without good cause, to cooperate in establishing and maintaining eligibility
					 for Extended TANF as provided in §§ 141.53-141.56 is also ineligible
					 for GA.
(xiii) Furthermore, a
					 full-time student at a college or university is not eligible as a categorically
					 needy person for General Assistance-cash grant (GA) or Medical Assistance
					 (PD)-unless he has participated in a Federally subsidized program for dependent
					 children-TANF-within the previous 5 years.
(xiv) A GA cash assistance applicant is
					 ineligible for 30 days after the termination of employment if the applicant
					 voluntarily terminates the employment without good cause. Good cause includes
					 the circumstances beyond a person's control specified §
													165.52(a) 
					 (relating to good cause).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 141 - GENERAL ELIGIBILITY PROVISIONS › ELIGIBILITY PROVISIONS FOR GA › Section 141.62 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
College
or
university
-An institution of higher learning that has been
						approved by the Secretary of Education and which offers a post-secondary
						program of education leading to the award of a degree, such as Associate or
						Bachelor. "College" includes Junior Colleges and Community Colleges, and the
						like, offering a 2-year educational program as well as colleges offering a
						4-year program.
Full-time student
-A student who has a
						school schedule equal to a full-time curriculum for the program being pursued
						as defined by a college or university.
Natural disaster
-A natural event such as
						flood, tornado or earthquake, or the like, causing major loss of personal
						resources.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 141 - GENERAL ELIGIBILITY PROVISIONS › ELIGIBILITY PROVISIONS FOR MA FOR THE CATEGORICALLY NEEDY › Section 141.71 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Conditions of eligibility
. To be eligible for MA, the
					 individual shall meet the appropriate conditions of eligibility in the
					 following chapters:
(2) Chapter 147 (relating
					 to residence).
(3) Chapter 149
					 (relating to citizenship and alienage). This applies only to PC.
(4) Chapter 153 (relating to deprivation of
					 support or care). This applies only to PC and §
												153.44(a)
					 (relating to procedures) does not apply.
(5) Chapter 161 (relating to persons in
					 institutions).
(6) Chapters 177 and
					 181 (relating to resources; and income provisions for categorically needy
					 NMP-MA and MNO-MA).
(7) Chapter 125
					 (relating to application process).
(8) Chapter 255 (relating to
					 restitution).
(9) Chapter 155
					 (relating to enumeration).
(10)
					 Chapter 151 (relating to specified relatives).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 141 - GENERAL ELIGIBILITY PROVISIONS › ELIGIBILITY PROVISIONS FOR MA FOR MEDICALLY NEEDY ONLY › Section 141.81 - Eligibility policy for Medically Needy Only

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Conditions of
					 eligibility.
(1) To be eligible for
					 MNO-MA, the person shall comply with the following:
(i) Meet financial and nonfinancial
					 eligibility standards established by the Department and approved by the
					 Governor and the appropriate conditions of eligibility set forth in the
					 following chapters or sections:
(A) Chapter
					 147 (relating to residence).
(B)
					 Chapter 149 (relating to citizenship and alienage).
(C) Chapter 161 (relating to persons in
					 institutions).
(D) Chapters 177-179
					 and 181.
(E) Chapter 183 (relating
					 to income).
(F) Section 175.84
					 (relating to procedures).
(G)
					 Section 175.73(b) (relating to requirements).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 142 - MONTHLY REPORTING › MONTHLY REPORTING PROVISIONS FOR TANF AND GA › Section 142.21 - Monthly reporting policy

Current through Register Vol. 54, No. 28, July 13, 2024
As a condition of eligibility, certain TANF and GA
						recipients are required to submit Departmental Monthly Reporting Forms. The
						Monthly Reporting Form is used to report income, resources, household
						composition, and other relevant circumstances or changes in circumstances which
						affect continued eligibility. The information which the recipient provides on
						the Monthly Reporting Form is used in Retrospective Budgeting to determine
						eligibility and the amount of the assistance payment. Submission of a Monthly
						Reporting Form shall not alter the responsibility of the recipient to advise
						the CAO within 1 week of changes affecting continued eligibility. Changes so
						reported must also be reported on the Monthly Reporting Form.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 142 - MONTHLY REPORTING › MONTHLY REPORTING PROVISIONS FOR TANF AND GA › Section 142.23 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Recipients required to report.
A recipient shall submit a
					 Monthly Reporting Form if the budget group contains a person who meets one or
					 more of the following:
(1) Has earned income
					 except the following:
(i) A full-time or
					 part-time student who is employed part-time.
(ii) A dependent child whose sole earnings
					 are from a program carried out under the Job Training Partnership Act (JTPA),
					 the act of October 13, 1982 (Pub.L. No. 97-300, 96 Stat. 1322), irrespective of
					 student status.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 143 - RESERVED › Section 143.23 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 55 Pa. Code §
												183.901 (relating to putative
						father/voluntary child support-statement of
						policy).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 145 - AGE › AGE PROVISIONS FOR TANF › Section 145.41 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
Assistance is intended to be made available for families
						who meet the established eligibility requirements as provided for in this
						chapter and who have children under 18 years of age or under 19 years of age if
						the child is a full-time student in secondary school or the equivalent level of
						a vocational or technical school and reasonably expected to complete the
						program before reaching age 19.
This chapter cited in 55 Pa. Code §
													108.7 (relating to requirements
						  subject to waiver).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 145 - AGE › AGE PROVISIONS FOR TANF › Section 145.42 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Full-time student
-A child who is
						enrolled in and physically attending full time, as defined and certified by the
						school or institute attended, a program of study or training leading to
						graduation or an equivalent certificate.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 145 - AGE › AGE PROVISIONS FOR TANF › Section 145.43 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. The following are the general TANF age requirements:
(1) The child shall conform with one of the
					 following age requirements:
(i) Be under 18
					 years of age.
(ii) Be under 18
					 years of age or under 19 years of age and a full-time student in a secondary
					 school or in the equivalent level of vocational or technical
					 training.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 145 - AGE › AGE PROVISIONS FOR TANF › Section 145.44 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The general TANF age procedure will be as follows:
(1) There must be proof of the child's birth.
					 This proof consists of either parent's or substitute parent's statement
					 supported by written evidence. Written evidence includes a record of birth or
					 baptism, school, hospital or physician's records, and the like.
(2) If the month and day of the child's birth
					 are not known, the child's birthdate for Public Assistance records is July 1.
					 If the month is known but not the day, the first of the month is the child's
					 birthdate for Public Assistance records.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 145 - AGE › GA AGE PROVISIONS › Section 145.61 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
General Assistance is intended to be made available for
						chronically or transitionally needy persons provided that the persons meet the
						established eligibility requirements as provided in this chapter and in
						accordance with Chapter 141 (relating to general eligibility provisions) and
						other provisions of this title.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 145 - AGE › GA AGE PROVISIONS › Section 145.62 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Emancipated minor
-This term shall
						include the following:
(i) A minor who
					 is aged 16 or over, who has left the parental household and has established
					 himself as a separate entity free to act upon his own responsibility, and who
					 is capable of acting independently of parental control. If the minor again
					 lives with his parents he will no longer be considered emancipated unless he
					 remains independent of his parents' control.
(ii) An orphan who is aged 16 or over and who
					 has sufficient mental ability to make a bargain.
(iii) A minor who is married, regardless of
					 whether the person continues to live in the parental household. If the marriage
					 is terminated by divorce or death of the spouse, the minor is still
					 emancipated. If the marriage is terminated by annulment, the state of
					 emancipation is as though the marriage had never occurred.
(iv) An unmarried child committed to the care
					 and control of the county authority can become emancipated before the age of 18
					 only by action of the court.
Full-time student
-A full-time student is
						a child who is enrolled in and physically attending full time, as defined and
						certified by the school or institute attended, a program of study or training
						leading to graduation or an equivalent certificate.
Unemancipated minor
-A minor who has
						never been married or has the marriage annulled, but who remains under the
						control of the parents is unemancipated whether he lives in the parental
						household or not.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 145 - AGE › GA AGE PROVISIONS › Section 145.63 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Emancipated minor.
If a minor is emancipated and meets the
					 eligibility requirements for GA he may receive GA subject to the conditions and
					 limitations in Chapter 141 (relating to general eligibility provisions) and
					 other provisions of this title.
(b)
Unemancipated minor.
GA age requirements for unemancipated
					 minors will be as follows:
(1)
Eligible for assistance.
A minor unemancipated child may
					 receive GA subject to the conditions and limitations in Chapter 141, provided
					 the following conditions are met:
(i) The
					 child does not qualify for AFDC or AFDC-F. The child's potential eligibility
					 for AFDC-F will be explored only when the child is in a foster home placement
					 under the auspices of the County Child Welfare Agency.
(ii) The person with whom the child is living
					 shall exercise responsibility for the care and control of the child.
(iii) The person with whom the child is
					 living must comply with the child support requirements. If the person with whom
					 the child is living fails to comply with the child support requirements, the
					 child may receive GA only by protective payment provisions.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 145 - AGE › GA AGE PROVISIONS › Section 145.64 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Minor
					 children.
GA age procedures for minor children will be as follows:
(1) If the child is living with his parent or
					 parents, natural, adoptive, stepparent, or other nonlegally responsible
					 individual, the need of the child will be determined according to §
												183.64(b)
					 (relating to income averaging).
(2)
					 [Reserved].
(3) In determining the
					 needs of the child, the resources considered will be those the child actually
					 has, those that are the child's legally and those he has a legal claim to.
					 Eligibility of a child who has a legal claim to a property, real or personal,
					 will depend on the agreement of the person caring for the child to apply for it
					 and make it available for the use or reimbursement of the
					 child.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 145 - AGE › AGE PROVISIONS FOR MA FOR THE CATEGORICALLY NEEDY › Section 145.73 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Persons who
					 meet the age requirements of AFDC, GA and SBP.
(b) A pregnant woman with no other children
					 is eligible for MA in the PC category if:
(1)
					 She provides medical verification of pregnancy.
(2) Once the child is born both mother and
					 child would be eligible for AFDC.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 145 - AGE › AGE PROVISIONS FOR MA FOR THE MEDICALLY NEEDY › Section 145.81 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
Medical Assistance is intended to be made available for
						persons of all ages provided that the persons meet the established eligibility
						requirements.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 145 - AGE › AGE PROVISIONS FOR MA FOR THE MEDICALLY NEEDY › Section 145.83 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Reference should be made to §
											141.81(c)
					 (relating to eligibility policy for Medically Needy Only) for age requirements
					 of the various categories.
(b)
Institutionalization.
Institutionalization requirements will
					 be as follows:
(1) A person is not eligible
					 for MA services provided to him in an institution if:
(i) He is a patient in an institution for
					 tuberculosis and is under 65 years of age.
(ii) He is a patient in an institution for
					 mental diseases and is between 21 and 65 years of age.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 147 - RESIDENCE › RESIDENCE PROVISIONS FOR AFDC/GA › Section 147.22 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
County of residence
-The county in which
						the person normally resides, that is, has his permanent address.
Permanent move to another Commonwealth
						county
-A recipient's move to another Commonwealth county is permanent
						if he is not expected to return within 3 months, or if he remains more than 3
						months in the county he went to on a temporary basis.
Resident
-A person who maintains
						residence by his continuous physical presence in the Commonwealth, except for
						temporary absence.
Temporary absence from this
						Commonwealth
-An absence of less than 30 days.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 147 - RESIDENCE › RESIDENCE PROVISIONS FOR AFDC/GA › Section 147.23 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Residence requirements.
Residence is established by a person
					 living in this Commonwealth voluntarily with the intention of making his home
					 here, and not for a temporary purpose. Temporary absences from this
					 Commonwealth will be treated as specified in subsection (c).
(b)
Place of application.
Place of application requirements are as follows:
(1) A person residing in his county of
					 residence shall apply to that CAO and assistance shall be authorized by that
					 office.
(2) A person temporarily in
					 a county other than his county of residence may make application to the other
					 CAO. His eligibility and need shall be determined on the basis of his situation
					 as it exists in the county in which the application is being made. When the
					 person states he is returning to his county of residence, the procedures in
					 §
												147.24(a)(4)
					 (relating to procedure) will apply.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 147 - RESIDENCE › RESIDENCE PROVISIONS FOR AFDC/GA › Section 147.24 - Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Change
					 in residence.
The procedure in change of residence situations will be
					 as follows:
(1)
Temporary absence
					 from this Commonwealth.
The procedures for temporary absence will be
					 as follows:
(i) If a recipient notifies the
					 CAO that he plans to reside temporarily out of this Commonwealth for less than
					 30 days, the CAO will send a Form PA 162-C to confirm the address change. A
					 reminder to the recipient will be included that if he is absent from this
					 Commonwealth after 29 days the provisions of §
													147.23(c)
					 (relating to requirements) will apply. If the recipient returns to this
					 Commonwealth within 30 days, he will continue to receive assistance. If on the
					 30th day the client has not returned and has not demonstrated continued
					 residence in this Commonwealth under §
													147.23(c), the
					 CAO worker will send an advance notice that assistance will be discontinued
					 effective with the first regular payment date by which the advance notice
					 requirement can be met.
(ii) If the
					 recipient reports that his temporary out-of-State residence will continue
					 beyond 29 days and he has provided the CAO with evidence that the extended
					 absence is caused by circumstances allowed under §
													147.23(c), the
					 CAO will review the case at appropriate intervals to determine whether the
					 extended absence is caused by circumstances allowed under §
													147.23(c). In
					 cases of extended absence, this review shall occur at least once every 30 days.
					 If, at any time, the CAO concludes that the client has not returned and has not
					 demonstrated a continued residence in this Commonwealth under §
													147.23(c), the
					 CAO will send an advance notice that assistance will be discontinued effective
					 with the first regular payment date by which the advance notice requirement can
					 be met.
(iii)
					 [Reserved].
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 147 - RESIDENCE › AFDC RESIDENCE PROVISIONS › Section 147.41 - AFDC residence policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 person will be considered to have met the residence requirements for AFDC if
					 either of the following conditions exists:
(1)
					 He is living in this Commonwealth voluntarily with the intention of making his
					 home here and not for a temporary purpose; a child is a resident of the state
					 in which he is living, other than on a temporary basis.
(2) He is living in this Commonwealth,
					 entered this Commonwealth with a job commitment or seeking employment, and is
					 not receiving assistance from another state. An individual who received
					 assistance from another state prior to entering this Commonwealth will be
					 considered a resident of this Commonwealth for AFDC purposes so long as he has
					 taken the steps necessary to terminate his assistance in the other state. Under
					 this definition, the child is a resident of the state in which the caretaker is
					 a resident.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 147 - RESIDENCE › AFDC RESIDENCE PROVISIONS › Section 147.41a - Receipt of cash assistance-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
Section
						147.41(a)
						(relating to AFDC residence policy) sets forth residence requirements. This
						section clarifies that the receipt of cash assistance benefits in another
						state, Puerto Rico or the Virgin Islands before moving to this Commonwealth has
						no effect on whether or not a person is now a resident of this Commonwealth. If
						an applicant is a resident, the household is eligible for cash assistance in
						this Commonwealth if the household meets other eligibility requirements. It may
						be necessary to consider benefits actually received from another state in
						computing the grant in this Commonwealth. This will be done in accordance with
						§
											183.31 (relating to benefits,
						dividends and interest) concerning unearned income.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 147 - RESIDENCE › GA RESIDENCE PROVISIONS › Section 147.61 - GA residence policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 person will be considered to have met the residence requirements for GA if he
					 is living in this Commonwealth voluntarily and not for a temporary
					 purpose.
(b) A person residing in
					 this Commonwealth for a temporary purpose such as a visit, school attendance or
					 seasonal employment such as migrant working who plans to leave this
					 Commonwealth upon completion of the purpose, will not be considered to have met
					 the residence requirements.
(c) A
					 person temporarily residing in this Commonwealth who has a job that is real,
					 such as migrant workers, and is not working because of reasons beyond his
					 control, for example, maturity of crops delays harvesting, general weather
					 conditions and the like, will be eligible for a one-time grant while the facts
					 are being verified. If the facts substantiate that the person will definitely
					 be employed when the reasons beyond his control no longer exist, additional
					 one-time grants may be authorized until the person receives his first pay. A
					 migrant worker family with children under 21 will be eligible for Family Cash
					 Assistance under the Emergency Assistance Program as described in §
											289.4 (relating to procedures) for
					 a period not to exceed 30 consecutive days or less as needed.
(d) A migrant and his family receiving a
					 money payment may also be eligible for burial payment, food stamps and social
					 services. If otherwise eligible, a migrant worker and his family may receive MA
					 services when there is an emergency medical need as the result of an emergency
					 situation as provided for in Chapter 289 (relating to emergency
					 assistance).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › GENERAL PROVISIONS FOR MA RESIDENCE › Section 148.1 - General policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department provides MA under the NMP Program or the MNO Program to residents of
					 this Commonwealth who are otherwise eligible, regardless of whether the
					 residence is maintained permanently or at a fixed address.
(b) The Department is prohibited from taking
					 the following actions:
(1) Denying MA to a
					 person because the person has not resided in this Commonwealth for a specified
					 period.
(2) Denying MA to an
					 institutionalized person, who satisfies the residence requirements in this
					 chapter, on the grounds that the person did not establish residence in this
					 Commonwealth before entering the institution.
(3) Denying or terminating a recipient's MA
					 eligibility because of the person's temporary absence from the State if the
					 person intends to return to this Commonwealth when the purpose of the absence,
					 such as a trip, a visit or attending school, has been accomplished, unless
					 another state has determined that the person is a resident there for MA
					 purposes.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › GENERAL PROVISIONS FOR MA RESIDENCE › Section 148.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
County of residence
-The county in which
						the person normally resides and maintains a permanent address, with the
						exception of a homeless person who may claim the county in which he is
						physically located at the time of application as his address.
Emancipated
-A person 20 years of age or
						younger, whether or not he is residing in the household of his parents or legal
						guardians, who is no longer in the care of, or under the control of, his
						parents or legal guardians.
Institution
-This term applies solely for
						purposes of a residence determination. An establishment, licensed by the State,
						that furnishes food, shelter and some treatment or service to four or more
						persons unrelated to the proprietor. The term includes hospitals, skilled or
						intermediate nursing home care facilities, intermediate care facilities for the
						mentally retarded and mental hospitals. For purposes of State placement, the
						term also includes foster care homes licensed by the State which provide food,
						shelter and supportive services to one or more persons unrelated to the
						proprietor.
MAID Card
-edical Assistance
						Identification Card.
Resident
-A person who resides in this
						Commonwealth with the intent to remain and maintains continuous physical
						presence in this Commonwealth, except for a temporary absence and meets the
						requirements of this chapter.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › GENERAL PROVISIONS FOR MA RESIDENCE › Section 148.3 - Residence verification requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the person's statement of intent to remain
						a resident of this Commonwealth, proof of residence shall be provided before MA
						is authorized. The person is not required to have a fixed or permanent
						address.
(1) The applicant/recipient,
					 or a person acting on his behalf, is responsible for providing verification of
					 residence.
(2) Verification
					 consists of documentation specified by the Department and includes rent
					 receipts, an affidavit from a person other than the applicant/recipient,
					 receipts for mortgage or utility payments, a deed or driver's
					 license.
(3) For a homeless
					 applicant/recipient who is unable to provide the required documentation, a
					 collateral contact with someone who confirms, in writing, that the
					 applicant/recipient lives in this Commonwealth is considered acceptable
					 verification of residence.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › RESIDENCE REQUIREMENTS-GENERAL › Section 148.11 - Place of application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 person shall apply for MA at the CAO in the county in which the person has
					 established residence.
(1) If inpatient
					 hospital care is being furnished in a Pennsylvania county other than the
					 person's county of residence, application may be made in that county and
					 forwarded to the CAO in the applicant's/recipient's county of residence for a
					 determination of eligibility and disposition.
(2) If inpatient hospital care is being
					 furnished to a Pennsylvania resident outside of this Commonwealth, the
					 application may be completed outside of this Commonwealth and forwarded to the
					 CAO in the applicant's/recipient's county of residence for a determination of
					 eligibility and disposition.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › RESIDENCE REQUIREMENTS-GENERAL › Section 148.12 - Temporary absence from county of residence

Current through Register Vol. 54, No. 28, July 13, 2024
A recipient who leaves his county of residence and goes
						to another Pennsylvania county is considered temporarily absent if he intends
						to return to his county of residence when the purpose for the absence has been
						completed. The recipient temporarily absent from his county of residence is
						subject to the reapplication or partial reapplication requirements under
						Chapter 133 (relating to redetermining eligibility).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › RESIDENCE REQUIREMENTS-GENERAL › Section 148.13 - Temporary absence from this Commonwealth

Current through Register Vol. 54, No. 28, July 13, 2024
A resident of this Commonwealth who is temporarily absent
						from this Commonwealth is considered a Pennsylvania resident if the person
						intends to return to this Commonwealth when the purpose of the absence has been
						accomplished, unless another state has determined that the person is a resident
						there for MA purposes.
(1) MA is
					 provided to a recipient while he is in another state if:
(i) The recipient requires emergency medical
					 care while temporarily away from his home.
(ii) The recipient's health would be at risk
					 if the service was postponed until his return home.
(iii) The recipient's health would be
					 endangered if he were required to travel back to this Commonwealth.
(iv) It is the general practice for
					 recipients in a particular locality to use medical resources in a neighboring
					 state.
(v) The CAO determines, on
					 the basis of medical advice, that the recipient has better access to the type
					 of care needed in another state.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › RESIDENCE REQUIREMENTS-GENERAL › Section 148.14 - Permanent move to another Pennsylvania county

Current through Register Vol. 54, No. 28, July 13, 2024
If a recipient makes a permanent move to another
						Pennsylvania county and continues to be eligible for MA, MA is continued to the
						recipient at the new address by the county of origin for 2 semi-monthly periods
						if the MAID card is issued semi-monthly. If the MAID Card is issued quarterly,
						MA is discontinued, following proper notification, effective for the next
						quarterly MAID Card issuance which deadline can be met.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › RESIDENCE REQUIREMENTS-GENERAL › Section 148.15 - Permanent move from this Commonwealth

Current through Register Vol. 54, No. 28, July 13, 2024
If a recipient reports a permanent move to another state
						or country, MA is discontinued, following proper notification, effective for
						the first MAID Card issuance after the permanent move occurs. If the person is
						placed by the Commonwealth in an out-of-State institution, the requirements in
						§
											148.81 (relating to placement by a
						state in an out-of-State institution) shall be followed.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › RESIDENCE REQUIREMENTS-GENERAL › Section 148.16 - Recipients absent from the United States

Current through Register Vol. 54, No. 28, July 13, 2024
If a recipient is absent from the United States, which
						includes the fifty States, the District of Columbia, Puerto Rico, the Virgin
						Islands, Guam and the Northern Mariana Islands, the following requirements
						apply:
(1) The absence of a recipient
					 from the United States for a period of 30-calendar days or longer is considered
					 prima facie evidence of the intent of the recipient to have changed his
					 residence to a place outside the United States unless:
(i) The recipient is prevented by illness or
					 other good cause from returning to this Commonwealth at the end of the
					 30-calendar days.
(ii) The
					 recipient has not acted to establish residence outside the United States. If
					 the recipient is claiming that he is prevented from returning to this
					 Commonwealth at the end of 30-calendar days, the recipient or a person acting
					 on the recipient's behalf shall provide written evidence of the circumstances
					 which prevent the return.
(A) The CAO reviews
					 the case at the end of 30-calendar days to determine if the evidence submitted
					 by the recipient supports the need for his extended absence from the United
					 States.
(B) If the CAO concludes
					 that the recipient has not returned and has not demonstrated a continued
					 residence in this Commonwealth, MA is discontinued following proper
					 notification effective for the first regular MAID Card issuance which deadline
					 can be met.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › RESIDENCE REQUIREMENTS-GENERAL › Section 148.17 - Persons covered by interstate residency agreement

Current through Register Vol. 54, No. 28, July 13, 2024
Certain persons who would normally be considered
						residents of a state other than this Commonwealth may be covered as residents
						based on the terms of an Interstate Residency Agreement with another state. If
						a dispute occurs, §
											148.21 (relating to disputed
						residence) takes precedence.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › RESIDENCE REQUIREMENTS-GENERAL › Section 148.18 - Persons receiving an SSI payment

Current through Register Vol. 54, No. 28, July 13, 2024
For persons of any age who receive State supplementary
						payment, the state of residence is the state paying the supplementary payment.
						In this Commonwealth, State supplementary payment is made to recipients of this
						State supplementary.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › RESIDENCE REQUIREMENTS-GENERAL › Section 148.19 - Persons receiving Title IV-E payment

Current through Register Vol. 54, No. 28, July 13, 2024
For children who are receiving Federal payments for
						foster care and adoption assistance under Title IV-E of the Social Security Act
						(42 U.S.C.A. §§
												670-679a) the state of residence for
						MA purposes is the state where the child lives, even if another state is making
						the Title IV-E payment.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › RESIDENCE REQUIREMENTS-GENERAL › Section 148.20 - County of residence for children in placement

Current through Register Vol. 54, No. 28, July 13, 2024
Children in court determined placement are considered
						residents of the county in which the placing agency is
						located.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › RESIDENCE REQUIREMENTS-GENERAL › Section 148.21 - Disputed residence

Current through Register Vol. 54, No. 28, July 13, 2024
When two or more states cannot resolve which state is the
						state of residence, the state where the person is physically located is the
						state of residence.
This section cited in 55 Pa. Code §
													148.17 (relating to persons
						  covered by interstate residency
						  agreement).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › RESIDENCE REQUIREMENTS FOR NONINSTITUTIONALIZED PERSONS › Section 148.31 - Noninstitutionalized persons 21 years of age or older

Current through Register Vol. 54, No. 28, July 13, 2024
A person who is 21 years of age or older is considered a
						resident of this Commonwealth if the person meets one of the following
						requirements:
(1) Lives in this
					 Commonwealth with the intent to remain permanently, or for an indefinite
					 period.
(2) Lives in this
					 Commonwealth as a result of moving here with a job commitment or to seek
					 employment, whether or not currently employed.
(3) Lives in this Commonwealth and is
					 incapable of indicating intent under §
											148.71 (relating to determination
					 of a person's incapability to indicate intent).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › RESIDENCE REQUIREMENTS FOR NONINSTITUTIONALIZED PERSONS › Section 148.32 - Noninstitutionalized persons 20 years of age or younger

Current through Register Vol. 54, No. 28, July 13, 2024
A person 20 years of age or younger is considered a
						resident of this Commonwealth if the person meets one of the following
						requirements:
(1) Is emancipated from
					 his parents or married and capable of indicating intent, and living in this
					 Commonwealth with the intent to remain permanently, or for an indefinite
					 period.
(2) Is unemancipated and
					 residing in this Commonwealth, and the caretaker also resides in this
					 Commonwealth.
(3) Is living in this
					 Commonwealth and his eligibility for MA is based on blindness or
					 disability.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › RESIDENCE REQUIREMENTS FOR INSTITUTIONALIZED PERSONS › Section 148.51 - Institutionalized persons 21 years of age or older

Current through Register Vol. 54, No. 28, July 13, 2024
Residence is determined as follows:
(1) For an institutionalized person 21 years
					 of age or older, who became incapable of indicating intent under §
											148.71 (relating to determination
					 of a person's incapability to indicate intent) before age 21, the state of
					 residence is:
(i) That of the parent applying
					 for MA on the person's behalf if the other parent resides in a different state.
					 If a legal guardian has been appointed and parental rights are terminated, the
					 state of residence of the guardian is used.
(ii) That of the parent or the legal guardian
					 at the time of placement. If a legal guardian has been appointed and the
					 parental rights are terminated, the state of residence of the guardian is
					 used.
(iii) The current state of
					 residence of the parent or the legal guardian who files the application if the
					 person is institutionalized in the same state. If a legal guardian has been
					 appointed and parental rights are terminated, the state of residence of the
					 guardian is used.
(iv) The state of
					 residence of the person or party who files the application is used if the
					 person has been abandoned by his parents, does not have a legal guardian and is
					 institutionalized in the same state. Abandonment also includes deceased
					 parents, as well as parents who desert their children.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › RESIDENCE REQUIREMENTS FOR INSTITUTIONALIZED PERSONS › Section 148.52 - Institutionalized persons 20 years of age and younger

Current through Register Vol. 54, No. 28, July 13, 2024
For an institutionalized person 20 years of age and
						younger, who is neither married nor emancipated, the state of residence is:
(1) That of the parent or the legal
					 guardian at the time of placement. If a legal guardian has been appointed and
					 parental rights are terminated, the state of residence of the guardian is
					 used.
(2) The current state of
					 residence of the parent or the legal guardian who files the application if the
					 person is institutionalized in the same state. If a legal guardian has been
					 appointed and the parental rights are terminated, the state of residence of the
					 guardian is used.
(3) The state of
					 residence of the person or party who files the application, if the person has
					 been abandoned by his parents, does not have a legal guardian and is
					 institutionalized in the same state. Abandonment also includes deceased
					 parents, as well as parents who desert their children.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › REQUIREMENTS FOR DETERMINATION OF A PERSON'S INCAPABILITY TO INDICATE INTENT › Section 148.71 - Determination of a person's incapability to indicate intent

Current through Register Vol. 54, No. 28, July 13, 2024
A person is determined incapable of indicating intent if
						the person:
(1) Has an I. Q. of 49 or
					 less, or has a mental age of 7 or less, based on tests acceptable to the Office
					 of Mental Retardation.
(2) Is
					 judged legally incompetent by a court of law.
(3) Is found incapable of indicating intent
					 based on medical documents obtained from a physician, psychologist or a person
					 licensed by the State in the field of mental retardation.
This section cited in 55 Pa. Code §
													148.31 (relating to
						  noninstitutionalized persons 21 years of age or older); and 55 Pa. Code §
													148.51 (relating to
						  institutionalized persons 21 years old or
						  older).