reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › MONTHLY ASSISTANCE PAYMENT DETERMINATION › Section 183.104 - Deletions from the budget group

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The individual is removed from the budget
					 group for the first payment month that can be affected. Eligibility for the
					 remaining budget group is determined prospectively for the payment
					 month.
(b) The amount of the
					 assistance payment for the remaining budget group is determined as follows:
(1) If the individual removed from the budget
					 group remains in the household and is an LRR, parent of an AFDC minor parent,
					 stepparent or sponsor of an alien, income of that person during the budget
					 month is deemed and retrospectively budgeted.
(2) If the individual who is removed from the
					 budget group is no longer part of the household and is an LRR, the support
					 requirements in Chapter 187 (relating to support from relatives not living with
					 the client) shall be met. Pending the fulfillment of those requirements, income
					 which is actually made available to the budget group from the LRR is considered
					 in determining eligibility and the client shall remit voluntary support
					 payments to the Department.
(3) If
					 the individual removed from the budget group is not an LRR, only income
					 actually made available from the individual removed or deemed from a parent of
					 an AFDC minor parent, stepparent or sponsor of an alien affects the monthly
					 assistance payment.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › MONTHLY ASSISTANCE PAYMENT DETERMINATION › Section 183.106 - Decreases in income

Current through Register Vol. 54, No. 28, July 13, 2024
A decrease in actual, deemed or estimated income of the
						budget group in a calendar month affects the assistance payment as follows:
(1) When retrospective budgeting is
					 used, a decrease in actual or deemed income in a budget month affects the
					 assistance payment in the corresponding payment month. No supplemental payment
					 to reflect a decrease in income may be issued when the assistance payment is
					 determined retrospectively.
(2) A
					 loss of deemed or actual income in a budget month because an individual has
					 left the household affects eligibility and the amount of assistance in the
					 first payment month that can be affected.
The provisions of this §
													183.106 amended under sections
						  201(2) and 403(b) of the Public Welfare Code (62 P. S. §§
														201(2) and
						  403(b)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › MONTHLY ASSISTANCE PAYMENT DETERMINATION › Section 183.107 - Rounding of the monthly assistance payment

Current through Register Vol. 54, No. 28, July 13, 2024
If the monthly assistance payment is not a whole dollar,
						it is rounded down to the next lower whole dollar.
The provisions of this §
													183.107 issued under section
						  403(b) of the Public Welfare Code (62 P. S. §
														403(b)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › MONTHLY ASSISTANCE PAYMENT DETERMINATION › Section 183.108 - Minimum payment

Current through Register Vol. 54, No. 28, July 13, 2024
No payment is made to the budget group in a month in
						which the amount of the monthly assistance payment is less than $10. If, in the
						initial month of eligibility, the total monthly payment is prorated to less
						than $10, no payment is made. In this case or when the payment amount is
						determined to be zero as a result of rounding the monthly assistance payment,
						the budget group is considered a zero grant case and a recipient for all other
						purposes. After determining that the monthly payment equals or exceeds $10, the
						payment may be further reduced due to recoupment requirements under Chapter 255
						(relating to restitution).
The provisions of this §
													183.108 issued under section
						  403(b) of the Public Welfare Code (62 P. S. §
														403(b)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › INCORRECT PAYMENTS › Section 183.121 - Incorrect payments

Current through Register Vol. 54, No. 28, July 13, 2024
An incorrect payment is a monthly assistance payment
						received by or for a budget group which is less than or more than the amount
						for which the budget group was eligible.
(1) Corrective payments shall be made to a
					 current recipient or a former recipient who has an outstanding underpayment and
					 who reapplies and is found to be eligible under Chapter 175 (relating to
					 allowances and benefits).
(2)
					 Underpayments which occur due to overestimating the income in initial months or
					 incorrectly considering or computing the income for a payment month are
					 corrected under Chapter 175.
(3)
					 Overpayments which occur due to underestimating the income in initial months or
					 through client or agency error for a payment month are processed under Chapter
					 255 (relating to restitution).
The provisions of this §
													183.121 issued under section
						  403(b) of the Public Welfare Code (62 P. S. §
														403(b)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 187 - SUPPORT FROM RELATIVES NOT LIVING WITH THE CLIENT › SUPPORT PROVISIONS FOR CASH ASSISTANCE › Section 187.21 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
Legal bases for support requirements.
The Support Law (62 P. S. §§
												1971-1977) provides authority to the courts
						to order or direct support to needy individuals from LRRs upon petition from
						the needy individual or the Department. The Public Welfare Code (62 P. S.
						§§
												101-1503) requires the
						Department to grant assistance only to those individuals who apply for and meet
						all conditions of eligibility. By law, then, LRRs will be a potential resource
						to individuals applying for or receiving assistance. The Support Law
						(62
						P. S. §§
												1971-1977),
						23 Pa.C.S. §§
												4301-5104 and
						7101-8415, and the Public
						Welfare Code (62 P. S. §§
												101-1503) mesh to make it mandatory to
						explore and develop the resource that an LRR may provide to an individual.
						Under the child support program, support collection and paternity determination
						services will also be made available upon request to individuals who are not
						applying for or receiving assistance. The domestic relations section in each
						county has been designated to process requests for support
						services.
The provisions of this §
													187.21 amended under sections
						  201(2), 403(b) and 432 of the Public Welfare Code (62 P. S. §§
														201(2),
						  403(b) and 432); the Support
						  Law (62 P. S. §§
														1971-1977); Titles I and III of the Personal
						  Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No.
						  104-193) (PRWORA), creating the Temporary
						  Assistance for Needy Families (TANF) Program, and amending
						  42 U.S.C.A. §§
														601-619,
						  651-669(b) and
						  1396u-1;
						  5543 of the Balanced Budget Act of
						  1997 (Pub. L. No.
						  105-33) (42 U.S.C.A. §
														653(p)); the Federal TANF
						  regulations in 45 CFR
						  260.10-265.10; and the
						  Domestic Relations Code,
						  23 Pa.C.S. §§
														4301-4381,
						  5103,
						  7101-7901 and
						  8101-8418.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 187 - SUPPORT FROM RELATIVES NOT LIVING WITH THE CLIENT › SUPPORT PROVISIONS FOR CASH ASSISTANCE › Section 187.23 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applicability.
This chapter applies to applicants for and
					 recipients of cash assistance if there is: The reported absence of a parent
					 from the home of an unemancipated minor child; a putative father for an
					 unemancipated minor child; or a spouse absent from the home. The absence of a
					 parent from the home is determined according to the requirements under §
											153.44(a)
					 (relating to procedures).
(b)
Cooperation requirements for child support.
As a condition of
					 eligibility for cash assistance, every applicant or recipient seeking or
					 receiving cash assistance on behalf of an unemancipated minor child shall
					 cooperate in establishing paternity of an unemancipated minor child with
					 respect to whom assistance is sought and cooperate in obtaining support from an
					 LRR for the unemancipated minor child, unless the applicant or recipient
					 establishes good cause for failing to do so. Cooperation includes taking the
					 following actions:
(1) Identifying the
					 parents of an unemancipated minor child for whom assistance is sought or
					 received, including appearing for scheduled genetic testing with the child and
					 submitting to the testing.
(i) Failure of the
					 mother to identify by name the father of an unemancipated minor child shall
					 create a presumption of noncooperation which may be rebutted only by clear and
					 convincing evidence.
(ii) If the
					 applicant or recipient provides the names of two putative fathers subsequently
					 excluded from paternity by genetic testing, the second exclusion shall create a
					 presumption of noncooperation, which may be rebutted only by clear and
					 convincing evidence.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 187 - SUPPORT FROM RELATIVES NOT LIVING WITH THE CLIENT › SUPPORT PROVISIONS FOR CASH ASSISTANCE › Section 187.24 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 55 Pa. Code §
													153.45 (relating to joint or
						  shared custody eligibility determination-statement of policy); 55 Pa. Code
						  §
													187.23 (relating to requirements);
						  55 Pa. Code §
													187.74 (relating to procedures);
						  and 55 Pa. Code §
													287.24 (relating to
						  procedures).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 187 - SUPPORT FROM RELATIVES NOT LIVING WITH THE CLIENT › SUPPORT PROVISIONS FOR CASH ASSISTANCE › Section 187.25 - Notification to the applicant or recipient

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Cash assistance sought or
					 received for an unemancipated minor child.
Before requiring
					 cooperation under §
											187.23(b)
					 (relating to requirements), the CAO will provide oral and written notice of the
					 cooperation requirements to the applicant or recipient. The oral and written
					 notice will advise the applicant or recipient of the following:
(1) The potential benefits that the
					 unemancipated minor child may derive from the cooperation of the applicant or
					 recipient in establishing paternity and obtaining support.
(2) Cooperation is a condition of
					 eligibility.
(3) Failure to
					 cooperate without good cause will result in the reduction of the cash
					 assistance allowance by 25%.
(4)
					 The right to claim good cause, good cause circumstances, proving the good cause
					 claim, and the good cause determination under §
												187.27 (relating to waiver of
					 cooperation for good cause).
(5)
					 The CAO will waive the cooperation requirements when the CAO, the court of
					 common pleas or the DRS determines that good cause exists.
(6) A finding of noncooperation of an
					 applicant or recipient does not affect the LRR's duty to pay support.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 187 - SUPPORT FROM RELATIVES NOT LIVING WITH THE CLIENT › SUPPORT PROVISIONS FOR CASH ASSISTANCE › Section 187.27 - Waiver of cooperation for good cause

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Good cause
					 circumstances
. Cooperation requirements may be waived for good cause.
					 Requirements for granting a good cause waiver based on a claim of domestic
					 violence, as defined in §
											108.2 (relating to definitions),
					 may be provided under §§
											108.7 and
					 108.8 (relating to requirements
					 subject to waiver; and claiming good cause based on domestic violence). Other
					 good cause circumstances include the following:
(1) The child was conceived as a result of
					 incest or rape.
(2) Legal
					 proceedings for the adoption of the child are pending before a court.
(3) The applicant or recipient of cash
					 assistance is currently being assisted by a public or licensed private social
					 agency to resolve the issue of whether to keep the child or relinquish the
					 child for adoption and the discussions have not progressed for more than 3
					 months.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 187 - SUPPORT FROM RELATIVES NOT LIVING WITH THE CLIENT › SUPPORT PROVISIONS FOR MA FOR THE CATEGORICALLY NEEDY › Section 187.71 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
Support from LRR's.
Legally responsible
						relatives will be limited to the spouse of the applicant and the natural or
						adoptive parent or parents of an unemancipated minor child. However, there will
						be no relative responsibility by the relatives of the following children for MA
						purposes:
(1) Adoptive or natural
					 parents of a child, regardless of age, adopted under the provisions of the act
					 of June 13, 1967 (P. L. 31, No. 21) (62 P. S. §§
												771-774) known as the Adoption Opportunities
					 Act. The adoptive parents of children adopted under the provisions of the
					 Adoption Opportunities Act will be issued a "Certificate of Subsidized
					 Adoption" card, CY 931, by the Child Welfare Office, which will be sufficient
					 proof of adoption under the terms of this act.
(2) Parents of a child, 18 to 21 years of
					 age, when the child receives MA services in the MH/MR facility.
(3) Parents of a child, regardless of age, or
					 a spouse when the child or spouse is receiving SSI payments. The parent or
					 spouse will be liable in determining MA eligibility and payment until the child
					 or spouse receives SSI benefits, at which time, the child or spouse will be
					 categorically needy on the basis of SSI eligibility and there will be no
					 further relative liability for MA purposes.
This section cited in 55 Pa. Code §
													187.73 (relating to
						  requirements).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 187 - SUPPORT FROM RELATIVES NOT LIVING WITH THE CLIENT › SUPPORT PROVISIONS FOR MA FOR THE CATEGORICALLY NEEDY › Section 187.73 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The requirements of §
											187.23 (relating to requirements)
						will apply as modified by §
											187.71 (relating to
						policy).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 187 - SUPPORT FROM RELATIVES NOT LIVING WITH THE CLIENT › SUPPORT PROVISIONS FOR MA FOR THE CATEGORICALLY NEEDY › Section 187.74 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
					 nonapplicant spouse and the natural or adoptive parent or parents of an
					 unemancipated minor child living with the applicant, PA Manual 175 and §
											183.64 (relating to income
					 averaging), the method of arriving at assistance, will apply.
(b) For the spouse of an applicant and the
					 natural or adoptive parent or parents of an unemancipated minor child not
					 living with the applicant, the following method will be used to determine
					 financial ability to support:
(1) The
					 dependents living with the spouse/parent will be determined. Minor children
					 under 18 will always be included. Other persons will be included if they are
					 without income of their own or the spouse/parent requests their income be added
					 to his income.
(2) Total net income
					 of the spouse/parent including that of his dependents whose income must be
					 taken into account will be determined. Net income from self-employment or
					 business is profit before tax deductions. Net income from other employment is
					 gross less $20 per month for work expenses.
(3) The amount the LRR is paying for the
					 support of his spouse or his minor child or children outside his home will be
					 deducted.
(4) The appropriate
					 figure from the following income scale will be selected and subtracted from the
					 total net income:
No. of Persons Dependent Upon LRR's
								  Income
1
2
3
4
5
6
EachAdditionalPerson
_______________________________________________________________________________________________
Net Monthly
								  Income
$173
$260
$317
$373
$423
$459
Add
								  $54
(5) The appropriate fraction will be applied
					 to the remainder:
(i) 1/2 when the assistance
					 unit includes one legal dependent.
(ii) 2/3 when the assistance unit includes
					 two legal dependents.
(iii) 3/4
					 when the assistance unit includes three or more legal dependents.
(6) The expected contribution will
					 be the resulting figure or the total allowances for the persons for whom the
					 LRR is legally responsible, whichever is lesser.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 187 - SUPPORT FROM RELATIVES NOT LIVING WITH THE CLIENT › SUPPORT PROVISIONS FOR MA FOR THE MEDICALLY NEEDY › Section 187.81 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
Support from LRR's.
Policy regarding
						support from the LRR's will be as follows:
(1) Legally responsible relatives will be
					 limited to the spouse of the applicant and the natural or adoptive parent or
					 parents of an unemancipated minor child. However, there will be no relative
					 responsibility by the relatives of the following children for MA purposes:
(i) Adoptive or natural parents of a child,
					 regardless of age, adopted under the provisions of the act of June 13, 1967 (P.
					 L. 31, No. 21) (62 P. S. §§
													771-774) known as the Adoption Opportunities
					 Act. The adoptive parents of children adopted under the provisions of the
					 Adoption Opportunities Act will be issued a "Certificate of Subsidized
					 Adoption" card, CY 931, by the Child Welfare Office, which will be sufficient
					 proof of adoption under the terms of this act.
(ii) Parents of a child, 18 to 21 years of
					 age, when the child received MA services in a MH/MR facility.
(iii) Parents of a child, regardless of age,
					 or a spouse when the child or spouse is receiving SSI payments. The parent or
					 spouse will be liable in determining MA eligibility and payment until the child
					 or spouse received SSI benefits, at which time, the child or spouse will be
					 categorically needy on the basis of SSI eligibility and there will be no
					 further relative liability for MA purposes.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 187 - SUPPORT FROM RELATIVES NOT LIVING WITH THE CLIENT › SUPPORT PROVISIONS FOR MA FOR THE MEDICALLY NEEDY › Section 187.83 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Requirements for seeking support from LRR.
Requirements for seeking support from LRR will be as follows:
(1)
Information about the financial
					 circumstances of the LRR.
The statement of the client that the
					 circumstances of the LRR are one of the following will be acceptable
					 verification that the LRR is financially unable to help, and his financial
					 ability will not need to be determined:
(i)
					 The relative has six or more dependents, including the LRR himself.
(ii) The relative is unemployed or receiving
					 assistance other than SBP.
(iii)
					 The earning capacity of the relative is so limited because of physical or
					 mental handicap that there is little likelihood of his ever having enough
					 income to help meet the costs of MA.
(iv) The occupation of the relative and the
					 prevailing wage rates for that type of work indicate that there is little
					 likelihood of his having enough income to help meet the cost of MA.
(v) The relative is a housewife without
					 income.
(vi) The LRR is
					 missing.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 187 - SUPPORT FROM RELATIVES NOT LIVING WITH THE CLIENT › SUPPORT PROVISIONS FOR MA FOR THE MEDICALLY NEEDY › Section 187.84 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Determination of expected contribution.
The contribution
					 expected from a spouse or from a parent of an unemancipated minor child will be
					 determined as follows:
(1) The allowable
					 dependents living with the spouse parent will be determined. Dependents that
					 may be included are as follows:
(i) Minor
					 children for whom the LRR is legally responsible.
(ii) Other legal dependent without
					 income.
(iii) Other legal dependent
					 with income, providing the LRR so requests.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart E - Verification Process › Chapter 201 - GENERAL VERIFICATION PROVISIONS › GENERAL PROVISIONS › Section 201.1 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
Client as the primary source of information.
Regulations concerning the client as the primary source of
						information are as follows:
(1) The
					 client will be the primary source of information in establishing eligibility
					 for financial assistance. As a condition of eligibility the client will be
					 required, to the extent that he is able, to substantiate the information he has
					 provided by documentary evidence or other means as may serve to establish the
					 truth of his statements.
(2) The
					 worker should keep in mind that, because of age, physical or mental
					 disabilities, language difficulties, and other factors, individuals will have
					 differing capacities for assisting with the establishment of eligibility. The
					 client will always be informed that the help of the worker will be available to
					 him to the extent that it is needed at any point.
This section cited in 55 Pa. Code §
													299.36 (relating to eligibility
						  requirements for SSP-only).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart E - Verification Process › Chapter 201 - GENERAL VERIFICATION PROVISIONS › GENERAL PROVISIONS › Section 201.3 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Conditions of eligibility will be verified at the
						application interview, and at the time of a redetermination, complete or
						partial, as specified in §
											133.23 (relating to requirements).
						If the applicant has cooperated in the verification attempt, authorization of
						assistance will not be delayed more than 15-calendar days from the date of
						receipt of the application. If the recipient has cooperated in the verification
						attempt, assistance will continue, as specified in §
											133.23(a)(3).
The provisions of this §
													201.3 issued under sections 201(2)
						  and 403(b) of the Public Welfare Code (62 P. S. §§
														201(2) and
						  403(b)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart E - Verification Process › Chapter 201 - GENERAL VERIFICATION PROVISIONS › GENERAL PROVISIONS › Section 201.4 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
Eligibility verification.
Eligibility
						verification will be as follows:
(1)
Initial contacts.
Requirements concerning initial contacts are
					 as follows:
(i) If the client is unable to
					 obtain the necessary evidence to verify eligibility, the CAO will obtain it
					 from public records, collateral sources and the like. When the collateral
					 contact requires the written consent of the client for release of the desired
					 information, a copy of the authorization to release information form will be
					 used. The authorization to release information form may be used to obtain
					 information from more than one collateral source as required to establish
					 eligibility for assistance and to verify information any time after initial
					 eligibility is established. The written consent of the client, secured on an
					 authorization to release information form, shall be effective to empower any
					 third party to release information requested by the CAO. However, banks and
					 employers are required by section 487 of the Public Welfare Code to provide
					 certain information without client consent upon the request of the
					 CAO.
(ii) The authorization to
					 release information form will only be used in those specific instances when the
					 client is unable to provide the evidence to establish eligibility. The client
					 must consent to the disclosure of information as a condition of
					 eligibility.
(iii) In certain
					 situations, it may be impossible to secure valid substantiation beyond the
					 statement of the applicant on certain eligibility factors. The worker will then
					 make a reasonable decision based on the worker's judgment of the available
					 evidence, that is, the credibility of the person, and the validity of other
					 supporting or conflicting evidence. Initial authorization of assistance will
					 not be delayed more than 15-calendar days from the date of receipt of the
					 application for purposes of verification of eligibility, if the applicant has
					 cooperated in the verification attempt.
(iv) When the evidence a client supplies is
					 inadequate, or is incomplete, inconsistent, or indeterminate in view of other
					 evidence, the worker will inform the client that additional evidence will be
					 required. Together, the worker and client will determine acceptable sources for
					 further evidence. If the evidence provided by the client is still unacceptable,
					 the worker will consult a collateral source of information using a copy of the
					 authorization to release information form when required.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart E - Verification Process › Chapter 205 - STEPS IN VERIFICATION › STEPS IN VERIFICATION PROVISIONS › Section 205.1 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Steps in verification generally are as follows:
(1) In Chapter 121 (relating to general
					 intake and redetermination provisions) and Chapter 177 (relating to resources),
					 are set forth which will guide the worker in dealing with the assistance client
					 as a responsible individual, that is, one who must participate actively in
					 proving his need for public assistance. In proving his actual need, he will be
					 required to give complete information about whatever resources he may have or
					 can obtain. To prove the lack of or amount of certain resources he will be
					 asked to obtain documentary evidence whenever possible, and must permit the
					 County Office to verify the evidence as well as oral statements.
(2) This chapter is devoted to a general
					 discussion of the meaning of proof or evidence as it relates to determination
					 of eligibility for assistance. Also included in this section are the methods
					 used to verify a possible resource when it is deemed necessary to use
					 informational sources other than the applicant or recipient. Certain
					 miscellaneous resources not covered in other sections of this part are included
					 as part of this section. This section will also describe methods which may be
					 used in processing requests for investigation of a resource, or lack of one,
					 when the requests are initiated by the social service staff or other designated
					 personnel.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart E - Verification Process › Chapter 205 - STEPS IN VERIFICATION › STEPS IN VERIFICATION PROVISIONS › Section 205.2 - 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:
Proof
-Anything that serves to convince
						the mind of the truth or falsity of a fact. The establishment of a fact by
						evidence.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart E - Verification Process › Chapter 205 - STEPS IN VERIFICATION › STEPS IN VERIFICATION PROVISIONS › Section 205.3 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
The
					 verification process.
The verification process will conform with the
					 following:
(1) The verification of resources,
					 or the lack of them, will be one of the essential steps in the process of
					 establishing eligibility for public assistance. The supplying of information
					 about resources to prove need will be the responsibility of the person applying
					 for or receiving assistance.
(2)
					 Establishing a large portion of the proof during the application process will
					 be routine. The applicant will present documentary evidence such as birth
					 certificates, rent receipts, deeds, insurance policies, pay envelopes and the
					 like. However, the necessity of substantiating other facts will often enter
					 into the process and the worker must then decide what sort of proof must be
					 produced, by whom, and in what manner it is to be proved.
(3) The decision to use a source other than
					 the client will normally be made when the worker is confronted with any of the
					 following situations:
(i) The client has made
					 every reasonable effort to obtain the facts, but without success.
(ii) The facts obtained by the client need
					 clarification and the worker is convinced that direct contact with the source
					 of information, rather than again through the client, would produce better
					 results.
(iii) The worker suspects
					 that the client has either falsified or knowingly withheld essential
					 information and wants to verify his convictions.
(iv) It is known that the required facts
					 cannot be obtained directly by the client.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart F - Disbursements › Chapter 225 - BASIC AUTHORIZATION › BASIC AUTHORIZATION PROVISIONS FOR AFDC/GA › Section 225.24 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Basic
					 authorization-disbursement methods.
Basic authorization-disbursement
					 methods will be as follows:
(1) Assistance
					 will be authorized by the county office. Regularly recurring grants will be
					 disbursed by the central office, Health and Welfare Building, Harrisburg, as
					 follows:
(i) AFDC and GA, semimonthly, on a
					 prepayment basis.
(ii) SBP,
					 monthly, on a prepayment basis.
(iii) NHC (SBP only), monthly, on a
					 postpayment basis.
(iv)
					 Philadelphia Housing Authority, monthly on a postpayment
					 basis.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart F - Disbursements › Chapter 227 - CENTRAL OFFICE DISBURSEMENT › CENTRAL OFFICE DISBURSEMENT PROVISIONS FOR AFDC/GA › Section 227.24 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
General procedures for AFDC/GA central office
					 disbursement will be as follows:
(1) The main
					 function of the central disbursing office will be to make assistance payments
					 as authorized by the County Assistance Offices. These payments, made by check,
					 will be of three types: regular, prorated and one-time. No checks will be
					 issued, nor will grants be changed by the central disbursing office without an
					 authorization. However, the central office will suspend a case, that is, stop
					 sending checks, under certain conditions specified in subsection
					 (e)(2).
(2) There should be a
					 steady flow of authorizations so that they will not pile up at the last minute.
					 The accumulations will impede the work of both the county office and the
					 central office. Authorizations for changes received in the central office prior
					 to the regular deadline will be included in the writing of checks for the
					 regular payment day. Authorizations for changes received after the regular
					 deadline will require special handling resulting in additional work. Reference
					 should be made to §
												225.22 (relating to
					 definitions).
(3) It will be
					 imperative that Form PA 122's be forwarded as regularly and promptly as
					 possible to keep special handling to a minimum.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart F - Disbursements › Chapter 229 - COUNTY DISBURSEMENT › COUNTY DISBURSEMENT PROVISIONS FOR AFDC/GA › Section 229.22 - 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:
Cancelled check
-One which has been
						completely prepared and entered in the cash book, but never issued or
						cashed.
County disbursement
-Payment of
						assistance from the emergency fund. The emergency fund is public money advanced
						to the "Executive Director for the furnishing of assistance and pensions
						respectively in emergency cases." It will be used only where cash is necessary
						and disbursement by the Central Office will not meet the situation. Before the
						emergency fund may be used, the need for cash must be real and proven. An
						unsubstantiated claim that cash is needed at once will not be sufficient for
						county disbursement. Neither can need for cash be presumed. A county
						disbursement may be issued only if the conditions set forth in this chapter are
						met.
Voided check
-One spoiled in writing
						before entry in the cash book.
This section cited in 55 Pa. Code §
													229.24 (relating to
						  procedures).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart F - Disbursements › Chapter 229 - COUNTY DISBURSEMENT › COUNTY DISBURSEMENT PROVISIONS FOR AFDC/GA › Section 229.24 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Initial
					 grants disbursed by county office.
Initial grants disbursed by the
					 county office will be in accordance with the following:
(1) Central Office Disbursement will be the
					 normal method of payment for initial grants. Through it the applicant will be
					 issued a check within 10 calendar days. The amount of the first check will be
					 dependent on when the Form PA 122 is received in the Central Disbursing Office,
					 as set forth in §
												227.24(b)(1)
					 (relating to procedures).
(2)
					 County disbursement will be used for initial grants only when there is a
					 critical need for cash. A critical need for cash will be considered to exist if
					 the last source of support of the applicant terminated 30 or more calendar days
					 prior to application. In other instances, factual evidence of the immediate
					 need for cash will be required.
(3)
					 Factual evidence will consist of the following:
(i) Direct evidence such as warning or
					 termination notices from landlords, utility companies and other
					 vendors.
(ii) Indirect evidence
					 such as heavy indebtedness for items essential to living or unusual
					 expenditures from the last income that have depleted the resources of the
					 client to the extent that his welfare may be jeopardized if he is denied
					 immediate cash.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart F - Disbursements › Chapter 231 - CHECKS REQUIRING SPECIAL HANDLING › CHECKS REQUIRING SPECIAL HANDLING PROVISIONS FOR AFDC/GA › Section 231.22 - 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:
Holder for value
-A person or business
						firm who cashed the check for the client or a subsequent
						endorser.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart F - Disbursements › Chapter 233 - PRORATION AND CONVERSION › PRORATION AND CONVERSION PROVISIONS FOR AFDC/GA › Section 233.24 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Instructions for use of prorating tables.
The following
					 instructions will be applicable for the use of prorating tables:
(1)
General instructions.
The following general instructions will apply:
(i) After the semimonthly grant is known, the
					 grant for a period less than 14 days may be determined directly from the tables
					 provided the grant is less than $101. If the grant is $101 or more it will be
					 necessary to add two prorations as follows:
Example
Problem:
Prorate $124.30 for 12 days
Solution:
Prorate $100 for 12
								days
= $78.90
Prorate 24.30 for 12 days
= 19.20
Answer
$98.10
(ii) The table is read by choosing the table
					 for the appropriate number of days, going down the far left column to the
					 actual whole dollar amount, then moving to the right to the column showing the
					 actual cents in the semimonthly grant.
(iii) In these tables amounts are multiples
					 of ten cents. Therefore, the semimonthly grant must be adjusted to the nearest
					 multiple of ten cents before referring to the table. Calculated grants ending
					 in one, two, three or four-cents amounts will be adjusted to the next lower ten
					 cent amount; in five, six, seven, eight or nine cents amounts, to the next
					 higher ten cent amount.
(iv) The
					 prorated grants tables have also been adjusted to the nearest multiple of ten
					 cents so that the actual amount of the prorated check may be read directly from
					 the table.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart G - Restitution and Reimbursement › Chapter 255 - RESTITUTION › GENERAL PROVISIONS › Section 255.1 - Restitution and disqualification policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter applies to AFDC, GA and SBP,
					 except as modified in subsections (c)-(e) and in Chapter 451 (relating to State
					 Blind Pension) and MA. This chapter does not apply to overpayments resulting
					 from the forged endorsement of assistance checks. Recovery of overpayments is
					 described in §
											231.24(c)
					 (relating to procedures).
(b) The
					 general restitution policy of the Department will be as follows:
(1) The course of action of the Department in
					 respect to overpayments will be directly related to the cause or reason
					 underlying the client's receipt of assistance for which the client was not
					 eligible. When the overpayment appears due to fraud, the Public Welfare Code
					 (62
					 P. S. §§
													101-1412) will set the
					 course of action to be taken.
(2)
					 The decision as to whether or not fraud is suspected will be an administrative
					 decision which will place on the Department the responsibility of
					 distinguishing between overpayments due to fraud, and those due to error. To
					 carry out this responsibility, the Department has developed certain objective
					 criteria which will be used in deciding the appropriate action for an
					 overpayment.
(3) Assistance
					 regulations, including this chapter, are aimed at reducing and preventing the
					 incidence of overpayment. Accomplishment of this objective will depend to a
					 large extent on the degree to which the respective responsibilities of the
					 client and the worker are understood and developed. These responsibilities are
					 given in detail in other sections of this title but essential elements are
					 repeated here because of their importance.
(4) A person applying for or receiving
					 assistance has an obligation to report his resources and changes in
					 circumstances. An adult applicant and recipient will be responsible for
					 reporting these facts as they apply to him and to other persons in his
					 assistance unit.
(5) The worker
					 will have an obligation to explain eligibility requirements in terms that fit
					 the situation of the client. The worker will be responsible for being alert to
					 the possibility of resources or changes in the circumstances of the client and
					 for setting up with the client definite and specific reporting requirements
					 appropriate to the situation. The plan for reporting will be entered in the
					 case record.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart G - Restitution and Reimbursement › Chapter 255 - RESTITUTION › GENERAL PROVISIONS › Section 255.3 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
In cases of suspected overpayment the information
					 must be verified. The client must consent to the county office obtaining the
					 needed verification or face the alternative of ineligibility for continued
					 assistance. If the client refuses to consent, the county office will proceed in
					 obtaining the necessary verifications without client consent on active or
					 inactive cases.
(b)
Criteria for distinguishing between suspected fraud and
					 nonfraud.
The determining factor in distinguishing between fraud and
					 nonfraud will be the intent of the client. Intent will be established by
					 examining and evaluating pertinent objective facts, including the following:
(1)
Actions and attitudes of the
					 client.
The answers to the following questions will be employed in
					 determining the actions and attitudes of the client:
(i) Did the client deny the fact that caused
					 the overpayment?
(ii) Did the
					 client provide information that was misleading or incorrect?
(iii) Were the actions of the client directed
					 to concealing information? For example, did he deface or alter documents or
					 arrange appointments with the caseworker so as to conceal other
					 activities?
(iv) What was the
					 reaction of the client to the fact of the overpayment? What did he see as the
					 cause?
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart G - Restitution and Reimbursement › Chapter 255 - RESTITUTION › GENERAL PROVISIONS › Section 255.4 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Determination of overpayment.
The Department is responsible
					 for identifying overpayments and recovering incorrectly paid assistance.
(1)
County Assistance
					 Office.
The County Assistance Office has the basic responsibility for
					 determining and redetermining eligibility for assistance and, therefore, for
					 discovering ineligibility. County Assistance Office duties are:
(i) To explore possible overpayments on
					 active and closed cases.
(ii) To
					 determine whether an overpayment has occurred.
(iii) To determine the cause or causes of the
					 overpayment.
(iv) To collect
					 verification of the resource or resources which caused the
					 overpayment.
(v) To recommend the
					 nature of the action to be taken on referred overpayments.
(vi) To furnish Bureau of Claim Settlement
					 with current information which may affect action on the overpayment.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart G - Restitution and Reimbursement › Chapter 255 - RESTITUTION › MA RESTITUTION PROVISIONS FOR THE CATEGORICALLY NEEDY › Section 255.71 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
The restitution regulations applying to categorically
						needy persons who meet the requirements of Subparts C and D (relating to
						eligibility requirements; and determination of need and amount of assistance)
						will be the same as for medically needy persons and are contained in
						§§
											255.81-255.84 (relating to MA restitution
						provisions for the medically needy). The regulations will apply to overpayments
						resulting from client or provider error, fraudulent or
						nonfraudulent.
This section cited in 55 Pa. Code §
													255.2 (relating to
						  definitions).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart G - Restitution and Reimbursement › Chapter 255 - RESTITUTION › MA RESTITUTION PROVISIONS FOR THE MEDICALLY NEEDY › Section 255.81 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The restitution regulations contained in §§
											255.81-255.84 (relating to MA restitution
					 provisions for the medically needy), will apply to medically needy and
					 categorically needy persons who meet the requirements of MA. The regulations
					 will apply to overpayments resulting from error of client or provider,
					 fraudulent or nonfraudulent.
(b)
Client error and fraud.
Overpayments caused by client action
					 or failure to act may include, but will not be limited to, the following:
(1) Withholding of information at time of
					 application which would make the applicant ineligible for Medical
					 Assistance.
(2) Failure to report
					 changes which would affect eligibility for Medical Assistance.
(3) Use of medical identification card after
					 notice of ineligibility or after expiration date.
(4) Securing forged prescriptions for
					 drugs.
(5) "Shopping." Getting the
					 same prescription from different doctors.
(6) Allowing other persons to use the
					 identification card.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart G - Restitution and Reimbursement › Chapter 255 - RESTITUTION › MA RESTITUTION PROVISIONS FOR THE MEDICALLY NEEDY › Section 255.82 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in §§
											255.81-255.84, have the following
						meanings, unless the context clearly indicates otherwise:
Restitution
-The recovery of medical
						assistance payments that are incorrectly paid. A Medical Assistance payment
						will be considered incorrectly paid when the person on whose behalf the payment
						was made was not eligible for the services and the amount of
						payment.
This section cited in 55 Pa. Code §
													255.71 (relating to policy); and
						  55 Pa. Code §
													255.81 (relating to
						  policy).