reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter A - VETERANS' EMERGENCY ASSISTANCE PROGRAM › Section 5.7 - Reconsideration and appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Reconsideration of initial determination.
An applicant may ask
				  the Bureau to reconsider its initial determination within 30 days after
				  notification of the original determination by submitting a written request,
				  together with a statement of reasons or additional information, to the
				  Bureau.
(b)
Appeals.
A person aggrieved by a determination of the Bureau
				  may appeal to the Adjutant General as provided in
				  51 Pa.C.S. §
											8505
				  (relating to appeals) within 30 days after notification of the Bureau
				  determination. An appeal shall be in writing and state the reasons for the
				  appeal. The Adjutant General, in consultation with the Chairperson of the
				  Commission, will appoint a member of the Commission or other qualified
				  individual to serve as a presiding officer to hear the appeal and prepare and
				  file a proposed report on the matter as provided by 1 Pa. Code Chapter 35
				  Subchapter G (relating to proposed reports). The Adjutant General will issue
				  the final administrative adjudication of appeals under this
				  subsection.
(c)
Supersession.
Subsections (a) and (b) supersede 1 Pa. Code
				  §
										35.20 (relating to appeals from
				  actions of the staff).
The provisions of this §
												5.7 issued under the Military
						Code,
						51 Pa.C.S. §
													1704(7).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter B - EDUCATIONAL GRATUITY PROGRAM › Section 5.12 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this subchapter is to provide eligibility
					 criteria for the Educational Gratuity Program and to establish standard
					 procedures for the filing and disposition of applications for this
					 gratuity.
The provisions of this §
												5.12 amended the Military
						Code,under
						51 Pa.C.S. §
													1704(7).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter B - EDUCATIONAL GRATUITY PROGRAM › Section 5.13 - Certification of service

Current through Register Vol. 54, No. 28, July 13, 2024
The United States Department of Veterans' Affairs shall be
					 the source for certification that a veteran's death or total disability
					 resulted from wartime or armed conflict, hostile fire or terrorist
					 attack.
The provisions of this §
												5.13 amended under the Military
						Code,
						51 Pa.C.S. §
													1704(7).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter B - EDUCATIONAL GRATUITY PROGRAM › Section 5.14 - Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application forms.
Application shall be made on MA-VA Form 30.
				  This form is available from: Department of Military Affairs, Bureau for
				  Veterans' Affairs, Fort Indiantown Gap, Annville, Pennsylvania 17003-5002 and
				  Adjutant General Offices located in Pittsburgh, Philadelphia and Wilkes-Barre
				  and County Directors of Veterans' Affairs.
(b)
Complete application
.
				  When applying for the educational gratuity the applicant shall provide the
				  information requested on the application for educational gratuity (MA-VA
				  30).
(c)
Executing the
				  application.
The applicant shall complete and sign MA-VA 30. The
				  signer of the form shall certify under the penalty of law that the information
				  provided is true and correct to the best of the applicant's knowledge and
				  belief.
(d)
Additional
				  documentation.
The Bureau will obtain additional information,
				  verification or documentation to process applications (MA-VA Form
				  30).
(e)
Mailing
				  address.
The applicant shall mail or otherwise deliver the completed
				  MA-VA Form 30 to the following address: Educational Gratuity Program, Bureau
				  for Veterans' Affairs, Department of Military Affairs, Fort Indiantown Gap,
				  Annville, Pennsylvania 17003-5002.
The provisions of this §
												5.14 issued under the Military
						Code,
						51 Pa.C.S. §
													1704(7).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter B - EDUCATIONAL GRATUITY PROGRAM › Section 5.15 - Review and approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Bureau will examine the application, additional documentation and other
				  applicable information and present it to the Commission along with staff
				  recommendation for approval or disapproval.
(b) The Bureau will advise the applicant of
				  the disposition of the application. If the application is approved, an approval
				  letter will be mailed to the applicant advising that Statement Form (MA-VA 32)
				  shall be requested by the applicant for each subsequent term/semester.
				  Statement Forms MA-VA 32 will be completed by the institution if the student is
				  studying or training and returned to the Bureau for payment.
The provisions of this §
												5.15 issued under the Military
						Code,
						51 Pa.C.S. §
													1704(7).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter B - EDUCATIONAL GRATUITY PROGRAM › Section 5.16 - Eligibility criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Parents.
Eligibility for the educational gratuity is
				  established on the record of service of that parent of the applicant who was or
				  is an eligible disabled or deceased veteran as defined in §
										5.11 (relating to
				  definitions).
(b)
Child.
A student may qualify for the educational gratuity if
				  the following qualifications are met. The student is:
(1) Between the ages of 16 and 23.
(2) The child of an eligible disabled or
				  deceased veteran as defined in § 5.11.
(3) A resident of this Commonwealth for 5
				  years immediately preceding the date the application was filed.
(4) Attending an approved educational
				  institution.
(5) Able to
				  demonstrate a financial need for the gratuity.
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter B - EDUCATIONAL GRATUITY PROGRAM › Section 5.17 - Determining financial need

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Funds available to defray educational expenses include the financial benefits,
				  grants and income of the qualified child-applicant-from whatever source
				  derived, including Veterans Affairs Survivors' and Dependents' Educational
				  Assistance, Social Security Benefits, Pennsylvania State Grants (PHEAA),
				  Federal Pell Grants, Supplemental Educational Opportunity Grants (SEOG),
				  institutional scholarships and grants, private and noninstitutional awards, as
				  well as the applicant's earnings from employment and his income from interest,
				  dividends or otherwise.
(b) The
				  educational expenses of the qualified child include costs incurred in
				  connection with obtaining the education, including tuition, room, board, books,
				  supplies, travel, clothing, recreation and incidentals.
(c) An applicant shall be considered to have
				  demonstrated a financial need for the educational gratuity when the educational
				  expenses, calculated under subsection (b) equal or exceed the funds available
				  to defray the educational expenses as determined under subsection
				  (a).
The provisions of this §
												5.17 issued under the Military
						Code,
						51 Pa.C.S. §
													1704(7).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter B - EDUCATIONAL GRATUITY PROGRAM › Section 5.18 - Payment

Current through Register Vol. 54, No. 28, July 13, 2024
The Bureau will make gratuity payments not exceeding $500
					 per term or semester to the educational institution, upon the submission by
					 them of proof of the matriculation of the applicant. Payments will not be made
					 directly to the applicant. Whenever a student awarded gratuity payments is
					 completing an educational or training course and becomes 23 years of age before
					 completing the course, the educational gratuity payment may be paid until the
					 course is completed. Educational gratuity payments may not be made for longer
					 than 4 scholastic years. The Bureau may adjust the payments per term or
					 semester per child so that total payments under the Educational Gratuity
					 Program do not exceed the amount of the appropriations.
The provisions of this §
												5.18 issued under the Military
						Code,
						51 Pa.C.S. §
													1704(7).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter B - EDUCATIONAL GRATUITY PROGRAM › Section 5.19 - Transfer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An educational
				  gratuity payment may not be applied to an educational or training institution
				  other than the one listed as payee on a check issued in payment of the
				  gratuity.
(b) If a student
				  transfers to another educational or training institution after an application
				  for educational gratuity has been approved, a new application for the
				  educational gratuity shall be filed and presented to the Commission for
				  approval or disapproval.
The provisions of this §
												5.19 issued under the Military
						Code,
						51 Pa.C.S. §
													1704(7).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter B - EDUCATIONAL GRATUITY PROGRAM › Section 5.20 - Reconsideration and appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Reconsideration of initial determination.
An applicant may ask
				  the Commission to reconsider its initial determination within 30 days after
				  notification of the original determination by submitting a written request,
				  together with a statement of reasons or additional information, to the
				  Bureau.
(b)
Appeals.
A person aggrieved by a determination of the
				  Commission may appeal to the Adjutant General as provided in
				  51 Pa.C.S. §
											8703(c) (relating to
				  eligibility and qualification requirements) within 30 days after notification
				  of the determination. An appeal shall be in writing and state the reasons for
				  the appeal. The Adjutant General, in consultation with the Chairperson of the
				  Commission, will appoint a member of the Commission or other qualified
				  individual to serve as a presiding officer to hear the appeal and prepare and
				  file a proposed report on the matter as provided by 1 Pa. Code Chapter 35
				  Subchapter G (relating to proposed reports). The Adjutant General will issue
				  the final administrative adjudication of appeals under this
				  subsection.
(c)
Supersession.
Subsections (a) and (b) supersede 1 Pa. Code
				  §
										35.20 (relating to appeals from
				  actions of the staff).
The provisions of this §
												5.20 issued under the Military
						Code,
						51 Pa.C.S. §
													1704(7).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter C - DISABLED VETERANS' REAL ESTATE TAX EXEMPTION PROGRAM › Section 5.21 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter implements PA. CONST. Art. VIII, §
					 2(c) and the act.
The provisions of this §
												5.21 amended under the Military
						Code,
						51 Pa.C.S. §
													1704(7).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter C - DISABLED VETERANS' REAL ESTATE TAX EXEMPTION PROGRAM › Section 5.22 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
Act
-Title 51 of the
Pennsylvania
					 Consolidated Statutes
Chapter 89 (relating to disabled veterans' real
					 estate tax exemption).
Bureau
-The Bureau for Veterans' Affairs of
					 the Department of Military Affairs of the Commonwealth.
Commission
-The State Veterans'
					 Commission.
Cost of living allowance
-An allowance
					 granted to the applicant when considering the expenses of the veteran.
Dependent's allowance
-Allowance given for
					 the veteran and the veteran's dependents to cover other reasonable household
					 expenses; that is, food and the like, not included in the "Monthly Household
					 Expenses" listing on the application.
Determination of need
-Financial need as
					 determined by the Commission by comparing the applicant's income against the
					 applicant's expenses.
Income
-Income from whatever source
					 derived, including salaries, wages, bonuses, commissions, income from
					 self-employment, support money, cash public assistance and relief; the gross
					 amount of pensions or annuities, including railroad retirement benefits;
					 benefits received under the Social Security Act except Medicare benefits;
					 benefits received under State unemployment insurance laws and veterans
					 disability payments; interest received from the Federal or state government or
					 an instrumentality or political subdivision thereof; realized capital gains;
					 rentals; workmen's compensation and the gross amount of loss of time insurance
					 benefits and proceeds except the first $5,000 of the total of death benefit
					 payments; and gifts of cash or property other than transfers by gift between
					 members of a household in excess of a total of $300. This term does not include
					 surplus food or other relief in kind supplied by a governmental agency. Income
					 from savings accounts and bonds shall be included as well as interest received
					 from investments.
Monthly household expenses
-Expenditures
					 providing for the necessities of life, including payments for mortgage,
					 automobile, electric power, fuel, water, sewage, garbage disposal, telephone,
					 domestic help and educational costs.
Monthly income
-Income received by the
					 claimant and other persons while residing in the home during a calendar year in
					 which real property taxes are payable; the term shall include the income of
					 residents not related to the claimant paying reasonable fixed
					 rents.
The provisions of this §
												5.22 amended under the Military
						Code,
						51 Pa.C.S. §
													1704(7).
This section cited in 43 Pa. Code §
												5.24 (relating to processing
						applications).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter C - DISABLED VETERANS' REAL ESTATE TAX EXEMPTION PROGRAM › Section 5.23 - Eligibility criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  veteran shall qualify for the real property tax exemption if the following
				  exist:
(1) The veteran has been honorably
				  discharged or released under honorable conditions from the armed forces of the
				  United States for service in a war or armed conflict in which the United States
				  was engaged.
(2) As a result of the
				  military service, the veteran is blind or paraplegic or has sustained the loss
				  of two or more limbs, or has a service-connected disability declared by the
				  United States Department of Veterans' Affairs or its successors to be a total
				  or 100% permanent disability.
(3)
				  The dwelling is owned by the veteran solely or as an estate by the
				  entirety.
(4) The need for the
				  exemption from the payment of real estate taxes has been determined by the
				  Commission.
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter C - DISABLED VETERANS' REAL ESTATE TAX EXEMPTION PROGRAM › Section 5.24 - Processing applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  veteran or the unmarried surviving spouse shall request the following two forms
				  from the County Director of Veterans' Affairs or the Bureau for Veterans'
				  Affairs, Fort Indiantown Gap, Annville, Pennsylvania 17003-5002:
(i) MA-VA 41 (Information Needed by County
				  Tax Assessment Office for Disabled Veterans Property Tax Exemption).
(ii) MA-VA 40, Veteran only; or MA-VA 40ss,
				  Surviving Spouse only, (Application for Determination of Need for Exemption
				  from Certain Real Property Taxes).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter C - DISABLED VETERANS' REAL ESTATE TAX EXEMPTION PROGRAM › Section 5.25 - Effective date of exemption

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Real property tax exemptions shall be effective
				  as follows: A qualified disabled veteran or unmarried surviving spouse shall be
				  exempt from real property taxes that become due on or after the date the
				  applicant first files a written request for an exemption with the appropriate
				  Board for the Assessment and Revision of Taxes or similar board. Requests are
				  considered filed on the date received regardless of whether or not they contain
				  complete documentation. The applicant is responsible to obtain complete
				  documentation within a reasonable time-not to exceed 120 days except under
				  extraordinary circumstances-after filing the request. Real property taxes
				  become due on the date when the taxes are assessed and not the date billings
				  are provided the taxpayers. A qualified applicant shall have filed the
				  application for exemption on or before the date the tax period commences to be
				  exempt for that tax period. Applications filed after the commencement of a
				  period shall apply to the next tax period.
(b)
Grace
. This section does
				  not prohibit or discourage taxing authorities from granting tax exemptions to
				  qualified disabled veterans as a matter of grace irrespective of the date upon
				  which the veteran applies for the exemption.
The provisions of this §
												5.25 amended under the Military
						Code,
						51 Pa.C.S. §
													1704(7).
This section cited in 43 Pa. Code §
												5.24 (relating to processing
						applications).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter C - DISABLED VETERANS' REAL ESTATE TAX EXEMPTION PROGRAM › Section 5.26 - Periodic review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Commission will review cases that have been granted real property tax relief
				  under the PA. CONST. Art. VIII, § 2(c), at 2-year intervals.
(b) On the second anniversary of the granting
				  of real property tax relief under the PA. CONST. Art. VIII, § 2(c), the
				  veteran or the surviving spouse to whom the relief has been granted will be
				  sent a letter explaining the reason for the review and Form MA-VA Form 40A
				  (Review for Determination of Continued Need for Exemption from Certain Real
				  Property Taxes).
(c) This Form,
				  MA-VA Form 40A, shall be returned properly completed to the Commission, and it
				  will be evaluated in the same manner as the original application to determine
				  need based on the latest information. Reference shall be made to §
										5.2 (relating to amounts of
				  emergency assistance).
(d) A report
				  of the findings of the Commission will be forwarded to the appropriate taxing
				  body.
The provisions of this §
												5.26 amended under the Military
						Code,
						51 Pa.C.S. §
													1704(7).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter C - DISABLED VETERANS' REAL ESTATE TAX EXEMPTION PROGRAM › Section 5.27 - Reconsideration and appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Reconsideration of initial determination.
An applicant may ask
				  the Commission to reconsider its initial determination within 30 days after
				  notification of the original determination by submitting a written request,
				  together with a statement of reasons or additional information, to the
				  Bureau.
(b)
Appeals.
A person aggrieved by a determination of the
				  Commission may appeal to the Adjutant General as provided in
				  51 Pa.C.S. §
											8505
				  (relating to appeals) within 30 days after notification of the Commission
				  determination. An appeal shall be in writing and state the reasons for the
				  appeal. The Adjutant General, in consultation with the Chairperson of the
				  Commission, will appoint a member of the Commission or other qualified
				  individual to serve as a presiding officer to hear the appeal and prepare and
				  file a proposed report on the matter as provided by 1 Pa. Code Chapter 35
				  Subchapter G (relating to proposed reports). The Adjutant General will issue
				  the final administrative adjudication of appeals under this
				  subsection.
(c)
Supersession.
Subsections (a) and (b) supersede 1 Pa. Code
				  §
										35.20 (relating to appeals from
				  actions of the staff).
The provisions of this §
												5.27 issued under the Military
						Code,
						51 Pa.C.S. §
													1704(7).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter D - BLIND VETERANS' PENSION › Section 5.31 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
Act
-Title 51 of the
Pennsylvania
					 Consolidated Statutes
§ 7701 (relating to Blind Veterans'
					 Pension).
Blind veteran
-A person who served in the
					 military or naval forces of the United States, or a women's organization
					 officially connected therewith, at any time, who gave this Commonwealth as his
					 place of residence when entering the military or naval forces and who, while
					 performing duties connected with the service, suffered an injury or incurred a
					 disease which resulted in loss of vision so that the visual acuity with best
					 correcting lens is 3/60 or 10/200, or equivalent, or less normal vision in the
					 better eye. Less normal vision than 3/60 or 10/200, or equivalent, includes
					 circumstances where the widest diameter of the visual field of the better eye
					 has contracted to such an extent that it subtends an angular distance of not
					 greater than 20°. The term does not include a person separated from the
					 military or naval forces of the United States or a women's organization
					 officially connected therewith under other than honorable conditions.
Bureau
-The Bureau for Veterans' Affairs of
					 the Department of Military Affairs of the Commonwealth.
Department
-The Department of Military
					 Affairs of the Commonwealth.
Military
or
naval
					 forces
-The United States Army, Navy, Marine Corps, Air Force, Coast
					 Guard and the reserve components thereof when engaged in active Federal
					 military service. The term also includes members of the American Merchant
					 Marine in oceangoing service during the period of armed conflict from December
					 7, 1941 to August 15, 1945, who have a Department of Defense Certificate of
					 Release or Discharge from Active Duty or its equivalent.
The provisions of this §
												5.31 issued under section 506 of
						The Administrative Code of 1929 (71 P. S. §
													186); and the Military Code,
						51 Pa.C.S. §
													7701.
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter D - BLIND VETERANS' PENSION › Section 5.32 - Application procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Forms.
An application for the Blind Veterans' Pension shall be
				  made on forms prescribed by the Adjutant General. Forms are available from the
				  following sources:
(1) The Department of
				  Military Affairs, Bureau for Veterans' Affairs, Fort Indiantown Gap, Annville,
				  Pennsylvania 17003-5002 or through the Adjutant General's Field Office located
				  in Pittsburgh, Philadelphia or Wilkes-Barre.
(2) The County Directors of Veterans' Affairs
				  in each county seat.
(3) Veterans'
				  service organizations.
(4) The
				  American Red Cross.
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter D - BLIND VETERANS' PENSION › Section 5.33 - Review of applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Bureau will review applications. The Bureau may request applicants to supply
				  additional information to support the application.
(b) The Bureau will notify the applicant in
				  writing of its determination. If the application is approved, the pension will
				  be paid from the effective date established in §
										5.36 (relating to effective date
				  of pension). If the application is disapproved, the written notice will state
				  the reasons for the disapproval and inform the applicant of the appeal
				  procedures specified in §
										5.34 (relating to
				  appeals).
The provisions of this §
												5.33 issued under section 506 of
						The Administrative Code of 1929 (71 P. S. §
													186); and the Military Code,
						51 Pa.C.S. §
													7701.
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter D - BLIND VETERANS' PENSION › Section 5.34 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant
				  may ask the Bureau to reconsider its initial determination within 30 days after
				  notification of the original determination by submitting a written request,
				  together with a statement of reasons or additional information, to the Bureau.
				  After a determination is made on the reconsideration request, notification is
				  sent to the applicant of the outcome.
(b) An applicant aggrieved by a determination
				  of the Bureau may appeal to the Adjutant General within 30 days after
				  notification of the Bureau determination. Appeals shall be in writing and shall
				  state the reasons for the appeal.
(c) The Adjutant General will adjudicate
				  appeals as provided in 1 Pa. Code Part II (relating to general rules of
				  administrative practice and procedure). When an appeal is docketed, the
				  Adjutant General will appoint a presiding officer to hear the appeal and
				  prepare and file a proposed report in the manner provided by 1 Pa. Code Part
				  II. The Adjutant General will issue the final administrative adjudication of
				  the Department on appeals.
(d)
				  Subsection (b) supersedes 1 Pa. Code §
										35.20 (relating to appeals from
				  the actions of the staff).
The provisions of this §
												5.34 issued under section 506 of
						The Administrative Code of 1929 (71 P. S. §
													186); and the Military Code,
						51 Pa.C.S. §
													7701.
This section cited in 43 Pa. Code §
												5.33 (relating to review of
						applications).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter D - BLIND VETERANS' PENSION › Section 5.36 - Effective date of pension

Current through Register Vol. 54, No. 28, July 13, 2024
A pension will be paid based upon the date when the
					 completed application is received by the Bureau. A pension will be paid from
					 the first day of the month in which an application is received if it is
					 received on or before the 20th day of the month. If the application is received
					 after the 20th day of the month, the pension will be paid for the first day of
					 the next succeeding month.
The provisions of this §
												5.36 issued under section 506 of
						The Administrative Code of 1929 (71 P. S. §
													186); and the Military Code,
						51 Pa.C.S. §
													7701.
This section cited in 43 Pa. Code §
												5.33 (relating to review of
						applications).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter E - PARALYZED VETERANS' PENSION › Section 5.42 - Eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
A paralyzed veteran is eligible for a pension of $100 per
					 month. The pension is in addition to compensation provided by the Commonwealth
					 and the Federal government.
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter E - PARALYZED VETERANS' PENSION › Section 5.43 - Application procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Form
. An application for the Paralyzed Veterans Pension shall
				  be made on a form prescribed by the Adjutant General. The form is available
				  from the following sources:
(1) Department of
				  Military Affairs, Bureau for Veterans' Affairs, Fort Indiantown Gap, Annville,
				  Pennsylvania 17003-5002 or through the Adjutant General's Field Offices located
				  in Pittsburgh, Philadelphia and Wilkes-Barre.
(2) County Directors of Veterans' Affairs in
				  each county seat.
(3) Governor's
				  Veterans Outreach and Assistance Centers.
(4) Veterans service organizations.
(5) American Red Cross.
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter E - PARALYZED VETERANS' PENSION › Section 5.44 - Criteria and procedure for determination of peacetime combat-related actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
				  will determine whether a peacetime action of the United States military and
				  naval forces or officially-connected women's organization qualifies as a
				  combat-related action or situation as defined in §
										5.41 (relating to definitions). In
				  making the determination, the Department will consider the following criteria:
(1) The nature, purpose and extent of the
				  military action.
(2) The duty
				  status of the military personnel participating in the action.
(3) The location where the action
				  occurred.
(4) Whether the United
				  States government identified the action or situation as combat-related by the
				  award of decorations, payment of combat or hostile fire pay or other
				  recognition to members of the armed forces who were involved in the
				  action.
(5) The cause of casualties
				  among members of the military or naval forces of the United States.
(6) Whether the casualties were the result of
				  an accident instead of hostile fire or terrorist attack, whether or not the
				  accident is directly related to operational activities incident to an
				  engagement with foreign armed forces or terrorists.
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter E - PARALYZED VETERANS' PENSION › Section 5.45 - Review of applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Bureau will review an application. The Bureau may request an applicant to
				  supply additional information to support the application.
(b) The Bureau will notify the applicant in
				  writing of its determination. If the application is approved, the pension shall
				  be paid from the effective date established in §
										5.47 (relating to effective date
				  of pension). If the application is disapproved, the written notice will state
				  the reasons for the disapproval and inform the applicant of the appeal
				  procedures specified in §
										5.46 (relating to
				  appeals).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter E - PARALYZED VETERANS' PENSION › Section 5.46 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant
				  aggrieved by a determination of the Bureau may appeal to the Adjutant General
				  within 30 days after notification of the Bureau determination. An appeal shall
				  be in writing and state the reasons for the appeal.
(b) The Adjutant General will adjudicate an
				  appeal as provided in 1 Pa. Code Part II (relating to general rules of
				  administrative practice and procedure). When an appeal is docketed, the
				  Adjutant General will appoint a presiding officer to hear the appeal and
				  prepare and file a proposed report in the manner provided by 1 Pa. Code Chapter
				  35 Subchapter G (relating to proposed reports). The Adjutant General will issue
				  the final administrative adjudication of the Department on an appeal.
(c) Subsection (a) supersedes 1 Pa. Code
				  §
										35.20 (relating to appeals from
				  the actions of the staff).
This section cited in 43 Pa. Code §
												5.45 (relating to review of
						applications).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter E - PARALYZED VETERANS' PENSION › Section 5.47 - Effective date of pension

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Pension payment schedule
. A pension will be paid based upon
				  the date when the completed application is received by the Bureau. A pension
				  will be paid from the first day of the month in which the application is
				  received if it is received on or before the 20th day of the month. If the
				  application is received after the 20th day of the month, the pension will be
				  paid from the first day of the next month.
(b)
Transition rule
. Under
				  the act, no pension may be paid for a month before July 1, 1986.
This section cited in 43 Pa. Code §
												5.45 (relating to review of
						applications).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 7 - STATE VETERANS' HOME › Section 7.1 - 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:
Bona fide resident of this Commonwealth
-A
				  domiciliary of this Commonwealth. A person who maintains a permanent place of
				  abode in this Commonwealth as the true, fixed and permanent residence to which,
				  whenever absent, the person has the intention of returning.
Code
-51 Pa.C.S. §§ 101-9403
				  (relating to the military code).
Commandant
-The administrator of a nursing or
				  personal care facility for aged or disabled veterans who is licensed in
				  accordance with the statutes and regulations of the Commonwealth.
Department
-The Department of Military
				  Affairs of the Commonwealth.
Eligible veteran
-An individual who has
				  served in the Armed Forces of the United States or the Pennsylvania Military
				  Forces, as defined in the code, who was released or discharged from service
				  under honorable conditions who meets the admissions criteria set forth in this
				  chapter, and who is eligible for certain benefits, rights and privileges
				  resulting from the service.
Incapable of self-support
-The inability to
				  earn a living in an amount over the minimum required to become eligible for
				  public assistance or welfare as set forth by the Department of Public
				  Welfare.
Maintenance cost
-The cost to provide nursing
				  or personal care to the individual residents of State Veterans Homes. The cost
				  shall be computed at least annually and shall include those items of expense
				  which would be considered cost of operations by the United States Veterans
				  Administration in the operations of its domiciliaries and nursing homes.
Nursing care
-Accommodation of convalescents
				  or other persons who are not acutely ill and not in need of hospital or
				  personal care but who require the services of a registered nurse or licensed
				  practical nurse, as those positions are defined in 28 Pa. Code §
									201.3 (relating to
				  definitions).
Personal care
-Providing shelter, sustenance
				  and incidental medical care to assist eligible veterans who are disabled by age
				  or disease but who are not in need of hospitalization or nursing care services
				  to attain physical, mental and social well-being through special rehabilitative
				  programs.
Resident
-An individual who meets the
				  admission criteria, is admitted, and is domiciled in a State Veterans
				  Home.
State Veterans Commission
-An advisory
				  commission within the Department, the composition, powers and duties of which
				  are provided by statute.
State Veterans Home
-A nursing or personal
				  care home for aged or disabled veterans administered by an agency of the
				  Commonwealth and recognized by the Veterans Administration.
Superintendent
-Commandant.
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 7 - STATE VETERANS' HOME › Section 7.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purposes of this chapter are as follows:
(1) To provide standards and procedures for
				application and determination of eligibility for admission to a State Veterans
				Home.
(2) To establish standards
				and procedures for determination and payment of amounts, if any, which
				residents shall be required to contribute toward their maintenance cost in
				accordance with their financial ability, basing the determination on the
				average daily cost of care and the provisions of this chapter.
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 7 - STATE VETERANS' HOME › Section 7.3 - Qualifications for admission

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To
				qualify for admission to a State Veterans Home, an applicant shall meet the
				following requirements:
(1)
Eligible
				veteran or spouse.
An applicant shall be an eligible veteran, spouse
				or surviving spouse of an eligible veteran.
(2)
Residency.
Except as
				provided in paragraph (3), an applicant shall be a bona fide resident of this
				Commonwealth upon application for admission.
(3)
Applicants from another
				state.
Subject to §
										7.6 (relating to priority of
				admission), an eligible veteran who resides in another state may apply for
				admission if this Commonwealth was listed as home of record upon entry into
				active duty or this Commonwealth's military forces. An applicant who is not a
				bona fide resident of this Commonwealth at the time of admission may not be
				admitted if a bona fide resident of this Commonwealth is awaiting
				admission.
(4)
Income
				restrictions.
An applicant shall be incapable of self-support and
				demonstrate a financial need for admission. A single applicant will be
				considered to have a financial need for admission if annual income is less than
				$25,956. The maximum income for an applicant with dependents is $25,956 per
				year plus $1,488 per year per dependent. The maximum income shall be adjusted
				each year after 1985 by the same percentage of adjustment applied by the United
				States Veterans Administration to veterans' disability compensation. The
				Department will submit the revised limits to the Legislative Reference Bureau
				for recommended publication as a notice in the
Pennsylvania
				Bulletin
and for recommended codification in this chapter. An
				applicant whose income exceeds the levels established by this section may still
				qualify for admission if he can demonstrate exceptional circumstances creating
				a financial need for admission to the home.
(5)
Approval by admissions
				committee.
An applicant shall be approved for admission by the
				admissions committee at the home. Denials of admission for reasons stated in
				subsection (b) may be appealed under §
										7.10 (relating to
				appeals).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 7 - STATE VETERANS' HOME › Section 7.4 - Temporary admission

Current through Register Vol. 54, No. 28, July 13, 2024
A veteran who is in distress because of age, disability or
				  economic reasons, upon application to Director State Veterans Homes, may be
				  admitted for a temporary period if not able to receive care in a Federal
				  institution. The temporary admission shall be subject to review by the
				  Superintendent every 6 months, and the veteran may be discharged if, in the
				  opinion of the Superintendent, the veteran is no longer in
				  distress.
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 7 - STATE VETERANS' HOME › Section 7.5 - Applications

Current through Register Vol. 54, No. 28, July 13, 2024
An application for admission shall be in the form prescribed
				  by the Department and shall be secured from the various county veterans service
				  officers or the service officers of the major veterans organizations in this
				  Commonwealth. An application for admission shall be mailed to the Department of
				  Military Affairs, Fort Indiantown Gap, Annville, Pennsylvania 17003-5002,
				  Attention: State Veterans Homes.
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 7 - STATE VETERANS' HOME › Section 7.6 - Priority of admission

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Within a waiting list specified in subsection
				(b), a qualified applicant shall be offered admission in the order that the
				application for admission is received by the Department.
(b)
Waiting lists.
(1) The primary waiting list shall consist of
				applications from the following persons:
(i)
				An eligible veteran who is a bona fide resident of this Commonwealth at the
				time of application.
(ii) A spouse
				of a current resident of a veterans home, subject to §
											7.7 (relating to eligibility of
				spouse and surviving spouse).
(iii)
				A spouse or surviving spouse of an eligible veteran when the eligible veteran
				is not a current resident of a veterans home and the applicant is a bona fide
				resident of this Commonwealth, subject to § 7.7.
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 7 - STATE VETERANS' HOME › Section 7.7 - Eligibility of spouse and surviving spouse

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Spouse.
The spouse of a
				veteran who derives eligibility from the eligible veteran and may become a
				resident with the veteran if the spouse has been married to the veteran for at
				least 2 years prior to application for membership and is otherwise
				eligible.
(b)
Surviving
				spouse.
The surviving spouse of a deceased eligible veteran derives
				eligibility from the deceased eligible veteran as long as the spouse has not
				remarried. The surviving spouse may be admitted if otherwise
				eligible.
This section cited in 43 Pa. Code §
											7.6 (relating to priority of
					 admission).
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 7 - STATE VETERANS' HOME › Section 7.9 - Unclaimed property of deceased resident who dies intestate

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Property, cash or other effects belonging
				to a resident of a State Veterans Home who dies intestate which remain
				unclaimed at the death of a resident shall be deemed the property of State
				Veterans Home and subject to its use as provided in this section.
(b) The property, shall be converted to cash
				and deposited into the State Veterans Home welfare fund. The Superintendent
				shall hold the principal in trust for a period of 1 year following the death of
				the resident. During this period, the Superintendent shall have power to invest
				the principal and use the income in accordance with the provisions of this
				chapter.
(c) Upon claim made within
				1 year following death and sustained by legal proof, all or part of the
				principal shall be paid over to the claimant entitled thereto upon
				acknowledgment, execution and delivery of proper releases.
(d) Principals remaining unclaimed 1 year
				after the death of the resident shall be deemed to be the property of the State
				Veterans Home and shall be subject to its absolute control and
				disposal.
Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 7 - STATE VETERANS' HOME › Section 7.10 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person
				aggrieved by an action affecting personal or property rights, privileges,
				immunities, duties, liabilities or obligations may appeal in writing to the
				Adjutant General of Pennsylvania who will receive and adjudicate appeals from
				the actions of the staff under 1 Pa. Code Part II (relating to general rules of
				administrative practice and procedure). The Adjutant General may ask the
				Chairman of the State Veterans Commission to appoint a hearing panel of members
				of the State Veterans Commission to hear an appeal or the Adjutant General may
				appoint a hearing officer. Hearing panels and hearing officers have the powers
				of presiding officers under 1 Pa. Code Chapter 35, Subchapter E (relating to
				presiding officers) and shall prepare and serve proposed reports under 1 Pa.
				Code Chapter 35, Subchapter G (relating to proposed reports). The Adjutant
				General will issue adjudications of appeals as final orders of the
				Department.
(b) Except as provided
				in §
									7.12 (relating to discipline and
				discharge), an appeal shall be filed within 10 days after service of the notice
				of the action being appealed.
This section cited in 43 Pa. Code §
											7.3 (relating to qualifications
					 for admission); 43 Pa. Code §
											7.8 (relating to payment of
					 maintenance fees); 43 Pa. Code §
											7.10 (relating to appeals); and 43
					 Pa. Code §
											7.12 (relating to discipline and
					 discharge).