Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 153 - DEPRIVATION OF SUPPORT OR CARE › DEPRIVATION OF SUPPORT OR CARE PROVISIONS FOR TANF › Section 153.43 - TANF deprivation of support or care requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
If a child is
					 living with both of his natural parents, the incapacity of either parent is the
					 eligibility factor for TANF. If a child has been legally adopted, it is the
					 lack of the support or care of the adoptive parent, and not of the natural
					 parent, that is the eligibility factor for TANF. If a child is living with a
					 parent and a stepparent, lack of support or care by the natural parent is the
					 eligibility factor for TANF. Deprivation of support is not considered to exist
					 in situations where the mother and the putative father of a child born
					 out-of-wedlock are living together with the child and paternity has been
					 established. For public assistance purposes, this is an intact family. The CAO
					 documents a putative father's claim of paternity for a child born
					 out-of-wedlock who was born within this Commonwealth on an
Acknowledgement of Paternity Form
under §
											153.44(e)(1) 
					 (relating to procedures). When the putative father claims paternity of a child
					 who was born out-of-State, the CAO refers the putative father to the domestic
					 relations section to file a domestic relations section
Voluntary
					 Statement of Paternity Form
in accord with §
											153.44(e)(2).
					 When the putative father living with the child denies paternity, TANF may be
					 established based on the absence of the child's legal parent if all other
					 eligibility requirements are met. A child is considered deprived of parental
					 support or care if at least one parent is one of the following:
(b)
Requirements relating to absence
					 from the home.
Continued absence from the home refers to desertion by
					 a parent, legal, or other separation between the parents, and certain other
					 circumstances of absence enumerated in §
											153.44. It also describes the
					 situation when a parent of a child born out-of-wedlock is not with the
					 child.
(c)
Requirements
					 relating to physical or mental incapacity.
Physical or mental
					 incapacity exists when either one of the parents living with the child has a
					 physical or mental defect, illness or impairment which substantially reduces or
					 eliminates the ability of the parent to support or care for the child. The
					 incapacity shall be proved.
(d)
Unemployment of the parent.
The lack of parental support or
					 care for the child because of unemployment refers to the employment status of
					 the parent who is the principal wage earner. The unemployment of the principal
					 wage earner parent, as specified in §
											153.44(d), will
					 establish the TANF category for the needy child regardless of the extent to
					 which the other parent is employed.
The provisions of this §
													153.43 amended under sections
						  201(2), 403(b) and 432 of the Public Welfare Code (62 P. S. §§
														201(2),
						  403(b) and 432); the Support
						  Law (62 P. S. §§
														1971-1977); Titles I and III of the Personal
						  Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No.
						  104-193) (PRWORA), creating the Temporary
						  Assistance for Needy Families (TANF) Program, and amending
						  42 U.S.C.A. §§
														601-619,
						  651-669(b) and
						  1396u-1; the Federal TANF
						  regulations in 45 CFR
						  260.10-265.10; and the
						  Domestic Relations Code,
						  23 Pa.C.S. §§
														4301-4381,
						  5103,
						  7101-7901 and
						  8101-8418.
This section cited in 55 Pa. Code §
													151.43 (relating to requirements);
						  55 Pa. Code §
													153.44 (relating to procedures);
						  55 Pa. Code §
													178.11 (relating to categories of
						  NMP-MA); 55 Pa. Code §
													178.12 (relating to categories of
						  MNO-MA); 55 Pa. Code §
													181.41 (relating to categories of
						  NMP-MA); 55 Pa. Code §
													181.42 (relating to categories of
						  MNO-MA); 55 Pa. Code §
													181.261 (relating to gross
						  earnings of a child); and 55 Pa. Code §
													287.24 (relating to
						  procedures).