reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart H - Appeal and Fair Hearing › Chapter 275 - APPEAL AND FAIR HEARING AND ADMINISTRATIVE DISQUALIFICATION HEARINGS › Subchapter B - ADMINISTRATIVE DISQUALIFICATION HEARINGS › HEARING REQUIREMENTS › Section 275.23 - Postponement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Office of
						Inspector General and the individual are each entitled to one postponement of
						the scheduled hearing. The individual's representative may request the
						postponement on behalf of the individual. The request may be oral or written.
						An oral request for postponement shall be made at least 10 days before the
						hearing date. A written request for postponement shall be postmarked at least
						10 days before the hearing date. Except as otherwise provided in subsection
						(b), a request for postponement that does not meet these time frames will be
						denied.
(b) Within 10 days prior to
						the scheduled hearing, the individual or the individual's representative may
						present, either orally or in writing, good cause for failing to meet the
						postponement requirements under subsection (a). Based on this information, the
						hearing officer may postpone the hearing.
(c) The hearing will not be postponed for
						more than 30 days from the date the Department scheduled the original
						hearing.
(d) The time limit for
						rendering a decision as specified under §
												275.31(b)
						(relating to hearing decision) will be extended for as many days as the hearing
						is postponed up to a maximum of 30 days.
This section cited in 55 Pa. Code §
														275.21 (relating to scheduling of
							 the hearing); and 55 Pa. Code §
														275.31 (relating to hearing
							 decision).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart H - Appeal and Fair Hearing › Chapter 275 - APPEAL AND FAIR HEARING AND ADMINISTRATIVE DISQUALIFICATION HEARINGS › Subchapter B - ADMINISTRATIVE DISQUALIFICATION HEARINGS › HEARING REQUIREMENTS › Section 275.24 - Participation while awaiting hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A pending administrative disqualification hearing will
						  not affect the right of the individual or budget group/household to be
						  determined eligible and to receive benefits. The Department will determine the
						  eligibility in the same manner it would be determined for another budget
						  group/household.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart H - Appeal and Fair Hearing › Chapter 275 - APPEAL AND FAIR HEARING AND ADMINISTRATIVE DISQUALIFICATION HEARINGS › Subchapter B - ADMINISTRATIVE DISQUALIFICATION HEARINGS › HEARING REQUIREMENTS › Section 275.25 - Rights of the individual at the hearing

Current through Register Vol. 54, No. 28, July 13, 2024
At the hearing, the individual has the following
						  rights:
(1) To present a defense or
						have a defense presented by legal counsel, another authorized representative,
						relative, friend or other spokesperson.
(2) To call witnesses to testify.
(3) To present arguments without undue
						influence.
(4) To question or
						refute testimony or evidence, including an opportunity to confront and
						cross-examine adverse witnesses.
(5) To present evidence to establish
						pertinent facts and circumstances in the case.
(6) To refuse to answer questions during the
						hearing.
(7) To remain silent
						concerning the charges because anything said or signed concerning the charges
						can be used against the individual in a court of law.
(8) To examine, upon request, the Office of
						Inspector General's evidence before the hearing as well as during the hearing.
(i) The Department will make available, upon
						request by the individual, the contents of the case record that the Office of
						Inspector General will use at the hearing.
(ii) The Department will provide, upon
						request, and without charge, copies of case record material that the Office of
						Inspector General will use at the hearing.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart H - Appeal and Fair Hearing › Chapter 275 - APPEAL AND FAIR HEARING AND ADMINISTRATIVE DISQUALIFICATION HEARINGS › Subchapter B - ADMINISTRATIVE DISQUALIFICATION HEARINGS › HEARING REQUIREMENTS › Section 275.26 - Conducting the hearing

Current through Register Vol. 54, No. 28, July 13, 2024
An impartial hearing officer will conduct the hearing.
						  The hearing officer will do the following:
(1) Administer oaths and
						affirmations.
(2) Advise the
						parties that this is an administrative hearing.
(3) Advise the individual of the right to
						remain silent when asked a question during the hearing.
(4) Ensure that relevant issues are
						considered.
(5) Mark and admit
						relevant exhibits into evidence.
(6) Conduct an orderly hearing and ensure
						that the parties' due process rights are protected.
(7) Obtain, at the Department's expense,
						medical assessments when determined necessary by the hearing officer and admit
						the assessments into the record.
(8) Provide a hearing record and recommend
						the final hearing decision to the Director.
(9) Ensure that the individual or the
						individual's representative is given adequate time to be present for the
						telephone or face-to-face hearing.
(i) For a
						telephone hearing, the hearing officer will make, at minimum, three attempts to
						contact the individual or the individual's representative in the 20-minute
						period following the scheduled time of the hearing before conducting the
						hearing without the individual or the individual's representative being
						present.
(ii) For a face-to-face
						hearing, the hearing officer will delay the hearing 20 minutes from the
						scheduled time of the hearing before conducting the hearing without the
						individual or the individual's representative being present for the
						hearing.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart H - Appeal and Fair Hearing › Chapter 275 - APPEAL AND FAIR HEARING AND ADMINISTRATIVE DISQUALIFICATION HEARINGS › Subchapter B - ADMINISTRATIVE DISQUALIFICATION HEARINGS › HEARING REQUIREMENTS › Section 275.27 - Presence at the hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Office of Inspector General and the individual or the individual's
						representative will be present for the telephone or face-to-face
						hearing.
(b) Friends or relatives
						of the individual may be present for a telephone or face-to-face hearing. The
						hearing officer may limit the number of persons present at a face-to-face
						hearing if space limitations exist.
(c) If the individual or the individual's
						representative fails to be present for the telephone or face-to-face hearing
						without good cause, the hearing officer will conduct the hearing without the
						individual or individual's representative being present. Even though the
						individual is not present or represented, the hearing officer will consider
						carefully the evidence and make a determination. If the hearing officer finds
						that the individual committed an intentional program violation but later
						determines that there was good cause for not being present, the Director will
						nullify the decision. The hearing officer who originally ruled on the case may
						conduct the new hearing.
(d) The
						individual or the individual's representative has 10 days from the hearing date
						to show good cause for failing to be present in order to receive a new hearing.
						The hearing officer will enter the good cause decision into the hearing
						record.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart H - Appeal and Fair Hearing › Chapter 275 - APPEAL AND FAIR HEARING AND ADMINISTRATIVE DISQUALIFICATION HEARINGS › Subchapter B - ADMINISTRATIVE DISQUALIFICATION HEARINGS › HEARING RESULTS › Section 275.31 - Hearing decision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						hearing officer will have the delegated authority from the Secretary to make a
						decision on the administrative disqualification hearing.
(b) The Department's Office of Hearings and
						Appeals will issue a hearing decision within 90 days from the date it sent the
						hearing notice except as described under §
												275.23(d)
						(relating to postponement).
(c) The
						hearing officer will base the hearing decision on clear and convincing
						evidence.
(d) The hearing officer's
						decision will:
(1) Summarize the
						facts.
(2) Specify the reasons for
						the decision.
(3) Identify the
						regulations supporting the decision.
(4) Identify the supporting
						evidence.
(5) Respond to reasoned
						arguments made by the parties.
(6)
						Specify the period of disqualification if the individual is found to have
						committed an intentional program violation.
(7) Specify the claim amount, if
						appropriate.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart H - Appeal and Fair Hearing › Chapter 275 - APPEAL AND FAIR HEARING AND ADMINISTRATIVE DISQUALIFICATION HEARINGS › Subchapter B - ADMINISTRATIVE DISQUALIFICATION HEARINGS › HEARING RESULTS › Section 275.32 - Finding of an intentional program violation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the hearing officer finds that the
						individual committed an intentional program violation, the Department will
						notify the individual before disqualification. The notice will include:
(1) The period of disqualification.
(2) The date disqualification will take
						effect.
(3) The benefit amount the
						budget group/household will receive during the disqualification
						period.
(4) The statement that, if
						the individual is not eligible for benefits in the program in which the
						intentional program violation occurred, the Department will impose the
						disqualification effective on the date of the administrative disqualification
						hearing final order.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart H - Appeal and Fair Hearing › Chapter 275 - APPEAL AND FAIR HEARING AND ADMINISTRATIVE DISQUALIFICATION HEARINGS › Subchapter B - ADMINISTRATIVE DISQUALIFICATION HEARINGS › HEARING RESULTS › Section 275.33 - Finding that no intentional program violation occurred

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the hearing officer determines that
						the individual owes the claim amount but that the individual did not commit an
						intentional program violation, the hearing officer will order the individual to
						repay the claim amount as described under §§
												255.4 and
						501.1 (relating to procedures; and
						general provisions), which incorporates
						7 CFR
						273.18(d) (relating to
						claims against households).
(b) The
						Office of Inspector General will send a demand letter for payment of the claim
						as described under §
												275.32(c)
						(relating to finding of an intentional program violation).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart H - Appeal and Fair Hearing › Chapter 275 - APPEAL AND FAIR HEARING AND ADMINISTRATIVE DISQUALIFICATION HEARINGS › Subchapter B - ADMINISTRATIVE DISQUALIFICATION HEARINGS › WAIVER OF AN ADMINISTRATIVE DISQUALIFICATION HEARING › Section 275.41 - Waiver of an administrative disqualification hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The individual may waive the
						administrative disqualification hearing. The notice-see §
												275.21 (relating to scheduling of
						the hearing)-giving the option to waive the administrative disqualification
						hearing will include:
(1) A waiver for the
						individual to sign and the date the Department must receive the signed waiver
						to avoid conducting the hearing. The payment name/head of household also shall
						sign the waiver if the individual is not the payment name/head of the
						household.
(2) A statement that the
						individual has the right to remain silent concerning the charges and that
						anything said or signed concerning the charges can be used in a court of
						law.
(3) A statement that the
						waiver will result in disqualification and a reduction in benefits for the
						period of disqualification, even if the individual does not admit to the facts
						as presented by the Office of Inspector General.
(4) A statement giving the individual the
						opportunity to clarify whether the individual admits to the facts as presented
						by the Office of Inspector General.
(5) A Department telephone number to contact
						for more information.
(6) A
						statement that the remaining budget group/household members, if any, are
						responsible for payment of the resulting claim.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart H - Appeal and Fair Hearing › Chapter 275 - APPEAL AND FAIR HEARING AND ADMINISTRATIVE DISQUALIFICATION HEARINGS › Subchapter B - ADMINISTRATIVE DISQUALIFICATION HEARINGS › DISQUALIFICATION › Section 275.51 - Imposing the disqualification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						individual found to have committed an intentional program violation or who
						waived an administrative disqualification hearing is ineligible for program
						benefits as described under §§
												255.1 and
						501.13 (relating to restitution
						and disqualification policy; and intentional program violation
						disqualification).
(b) The
						Department will disqualify only the individual found to have committed an
						intentional program violation or who signed the waiver of an administrative
						disqualification hearing, and not the entire household.
(c) The Department will impose the
						disqualification within the time frame described under §§ 255.1 and
						501.13.
This section cited in 55 Pa. Code §
														275.41 (relating to waiver of
							 administrative disqualification
							 hearing).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart H - Appeal and Fair Hearing › Chapter 275 - APPEAL AND FAIR HEARING AND ADMINISTRATIVE DISQUALIFICATION HEARINGS › Subchapter B - ADMINISTRATIVE DISQUALIFICATION HEARINGS › RECONSIDERATION OR APPEAL OF HEARING DECISION › Section 275.61 - Right to request reconsideration or right to appeal, or both

Current through Register Vol. 54, No. 28, July 13, 2024
(a) One of the
						following actions may be taken regarding the hearing decision:
(1) Either party to the hearing may request a
						reconsideration of the decision by the Secretary as described under 1 Pa. Code
						§
													35.241 (relating to application
						for rehearing or reconsideration). The request shall be in writing, state the
						reason for the reconsideration request, and be postmarked no later than 15 days
						from the date of hearing decision.
(2) Either the individual or the individual's
						representative may file a petition for review of the hearing decision with
						Commonwealth Court.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart H - Appeal and Fair Hearing › Chapter 275 - APPEAL AND FAIR HEARING AND ADMINISTRATIVE DISQUALIFICATION HEARINGS › Subchapter B - ADMINISTRATIVE DISQUALIFICATION HEARINGS › RECONSIDERATION OR APPEAL OF HEARING DECISION › Appendix A - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 281 - TIME-OUT BENEFITS › Section 281.1 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
To the extent State funding is available, and consistent
					 with State and Federal law, families otherwise eligible for TANF benefits under
					 Chapter 141 (relating to general eligibility provisions) are eligible to
					 receive time-out benefits. The receipt of these benefits does not count towards
					 the 60-month TANF time limit in §
										141.41(d)
					 (relating to policy).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 281 - TIME-OUT BENEFITS › Section 281.2 - 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:
Kinship caregiver
-A nonparental specified
					 relative, as defined in §
										151.42 (relating to
					 definitions).
MPP-Maximizing Participation Project
-A
					 program to assist individuals to remedy medical conditions, functional
					 limitations and good cause situations that preclude the individual from
					 complying with RESET requirements.
RESET-Road to Economic Self-Sufficiency Through
					 Employment and Training Program
-As defined in §
										165.2 (relating to
					 definitions).
Time-out
-Cash assistance provided to a
					 family under this chapter.
Victim of domestic violence
-An individual
					 who has been subjected to domestic violence, as defined in §
										187.22 (relating to
					 definitions).
This section cited in 55 Pa. Code §
												281.3 (relating to eligibility
						requirements).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 281 - TIME-OUT BENEFITS › Section 281.3 - Eligibility requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  family is eligible to receive time-out benefits if the head of household or
				  spouse of head of household is one of the following:
(1)
A working individual.
An
				  individual who is participating in work and work-related activities for at
				  least the number of hours specified in subparagraphs (i)-(iv), or who is
				  meeting the Federal definition of "engaged in work" as specified in section 407
				  of the Social Security Act (42 U.S.C.A. §
												607(c)), whichever provides
				  for the greater number of hours of work.
(i)
				  Working in paid employment 30 hours per week.
(ii) Working in self-employment 30 hours per
				  week.
(iii) Working in paid
				  employment at least 20 hours per week and engaging in additional hours of
				  approved work-related activity so that the total hours of work plus approved
				  work-related activity equals or exceeds 30.
(iv) For a two-parent family, working in paid
				  employment a combined total of 55 hours per week.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 281 - TIME-OUT BENEFITS › Section 281.4 - Limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Twelve-month time limit.
The family's time-out under §
										281.3(a)(1)-(3)
				  (relating to eligibility requirements) is limited to 12 months in the lifetime
				  of the head of household or spouse of head of household.
(b)
Combined periods.
A
				  family may receive time-out under more than one paragraph in §
										281.3(a)(1)-(3).
				  The months need not be sequential. The combined periods of §
										281.3(a)(1)-(3)
				  may not exceed 12 months in the lifetime of the head of household or spouse of
				  head of household.
(c)
Victims of domestic violence.
Time-out received under §
										281.3(b) is
				  limited to 12 months in the lifetime of the head of household or spouse of head
				  of household. The family may receive an additional 12 months of time-out under
				  §
										281.3(a)(1)-(3)
				  if the head of household or spouse of head of household meets the requirements
				  of § 281.3(a)(1), (2) or (3).
(d)
Special exemption from time
				  limits for kinship caregivers.
A kinship caregiver may continue to
				  receive time-out as long as the eligibility requirements of § 281.3(a)(4)
				  are met.
(e)
Sunset
				  date.
This chapter will sunset on July 1, 2004.
This section cited in 55 Pa. Code §
												281.5 (relating to ineligibility
						for time-out).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 281 - TIME-OUT BENEFITS › Section 281.5 - Ineligibility for time-out

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appeal rights.
An individual may appeal the denial or
				  termination of time-out benefits under Chapter 275 (relating to appeal and fair
				  hearing and administrative disqualification hearings).
(b)
Ending time-out.
If the
				  individual fails, without good cause, to comply with requirements for time-out,
				  or no longer qualifies for time-out under §
										281.4 (relating to limitations),
				  time-out benefits for the family will end. In that event, and to the extent the
				  family otherwise qualifies for TANF, TANF assistance will resume.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 283 - PAYMENT FOR BURIAL AND CREMATION › GENERAL PROVISIONS › Section 283.1 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
					 will pay for expenses related to burial or cremation, or both.
(b) The Department will pay a funeral
					 director, or anyone acting for him, if the funeral director is the following:
(1) A funeral director as defined in section
					 2(1) of the Funeral Director Law (63 P. S. §
													479.2(1)).
(2) Enrolled with the Department.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 283 - PAYMENT FOR BURIAL AND CREMATION › REQUIREMENTS › Section 283.3 - Requirements for payment

Current through Register Vol. 54, No. 28, July 13, 2024
The requirements of §§
											283.4-283.7 shall be met for the
						Department to pay expenses related to burial or cremation, or both. These
						requirements apply regardless of where death occurs.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 283 - PAYMENT FOR BURIAL AND CREMATION › REQUIREMENTS › Section 283.4 - Assistance status of deceased

Current through Register Vol. 54, No. 28, July 13, 2024
The deceased individual shall have been a recipient of
						Cash Assistance-Temporary Assistance for Needy Families (TANF), General
						Assistance (GA), State Blind Pension (SBP), Supplemental Security Income (SSI)
						or State Supplementary Payment (SSP)-at the time of death. This includes:
(1) An individual who was determined
					 eligible for cash assistance, including SBP, regardless of whether the
					 individual had received a cash assistance benefit.
(i) Eligibility for payment begins with the
					 date on which eligibility for cash assistance begins.
(ii) Eligibility for payment extends through
					 the period covered by the last cash assistance benefit for which the individual
					 was eligible.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 283 - PAYMENT FOR BURIAL AND CREMATION › REQUIREMENTS › Section 283.5 - Source of request for payment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will accept a request for
					 payment for burial or cremation, or both, if the request is made by one of the
					 following:
(1) A relative.
(2) A friend.
(3) The representative of a fraternal society
					 of which the deceased was a member.
(4) The representative of a charitable or
					 religious organization.
(5) A
					 funeral director acting on behalf of an individual described in paragraphs
					 (1)-(4).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 283 - PAYMENT FOR BURIAL AND CREMATION › REQUIREMENTS › Section 283.6 - Submission of form for payment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The individual requesting payment or the
					 funeral director on behalf of the individual requesting payment shall submit
					 the request on a form approved by the Department in accordance with §
											283.7 (relating to date of request
					 for payment). This form is available from the Department or a funeral director
					 enrolled as a provider with the Department.
(b) The form shall be completed by the
					 individual requesting payment and the funeral director. The form must include
					 the following information:
(1) Name and Social
					 Security number of the deceased.
(2) Name and signature of the representative
					 requesting payment on behalf of the deceased.
(3) Resources available towards
					 payment.
(4) Name and address of
					 the funeral home.
(5) Name and
					 signature of the funeral director providing goods and services for burial or
					 cremation, or both.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 283 - PAYMENT FOR BURIAL AND CREMATION › REQUIREMENTS › Section 283.7 - Date of request for payment

Current through Register Vol. 54, No. 28, July 13, 2024
The form to request payment shall be submitted to the
						Department within 30 days of the date of death with the following exceptions:
(1) When there are unusual
					 circumstances and the individual requesting payment or the funeral director
					 submits valid reasons for the delay. In this case, the individual requesting
					 payment or the funeral director shall submit the form to the Department within
					 30 days from the date of the request for payment.
(2) When the funeral director is waiting for
					 notification regarding a resource that may reduce the Department payment
					 according to §
											283.22 (relating to resources).
					 Under these circumstances, the individual requesting payment or the funeral
					 director shall submit the form to the Department within 15 days from the date
					 the funeral director receives payment from the resource or a notification
					 regarding payment from the resource, whichever is sooner.
This section cited in 55 Pa. Code §
													283.3 (relating to requirements
						  for payment); 55 Pa. Code §
													283.6 (relating to submission of
						  form for payment); and 55 Pa. Code §
													283.23 (relating to resources from
						  which the Department will seek to
						  collect).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 283 - PAYMENT FOR BURIAL AND CREMATION › STANDARDS › Section 283.11 - Standards for providing burial or cremation, or both

Current through Register Vol. 54, No. 28, July 13, 2024
The funeral director shall provide services for burial or
						cremation, or both, in accordance with the following:
(1) Commonly accepted funeral industry
					 practices established under the Funeral Director Law (63 P. S.
					 §§
												479.1-479.20).
(2) Requirements for professional and
					 vocational standards for funeral directors under 49 Pa. Code Chapter 13
					 (relating to state board of funeral directors).
(3) Federal standards required by the Federal
					 Trade Commission as specified in 16 CFR Part 453 (relating to funeral industry
					 practices).
(4) A written agreement
					 between the funeral director and the individual handling the funeral
					 arrangements for the deceased. The agreement will include provisions for
					 funeral directors to provide payment for other services, including payment for
					 interment, if services for interment are requested.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 283 - PAYMENT FOR BURIAL AND CREMATION › PAYMENT › Section 283.21 - Department payment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department's payment for burial or cremation, or both, will not exceed
					 $750.
(b) The Department's payment
					 is determined by adding the total value of resources under §
											283.22(b) 
					 (relating to resources) contributed by an agency or individual. If the total
					 value of resources is:
(1) Equal to or greater
					 than $1,500, the Department will not pay for burial or cremation, or
					 both.
(2) Less than or equal to
					 $750, the Department's payment is $750.
(3) Greater than $750, but less than $1,500,
					 this amount is subtracted from $1,500. The remainder is the Department's
					 payment.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 283 - PAYMENT FOR BURIAL AND CREMATION › PAYMENT › Section 283.23 - Resources from which the Department will seek to collect

Current through Register Vol. 54, No. 28, July 13, 2024
Under the following circumstances, the Department payment
						is not reduced by the value of the resources described in §
											283.22(b) 
						(relating to resources), but instead the Department will seek recovery if
						resources:
(1) Are reported to the
					 funeral director after the deadline date as set forth in §
											283.7 (relating to date of request
					 for payment), and the funeral director does not collect from these
					 resources.
(2) Become available
					 only after the Department pays for burial or cremation, or both.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 283 - PAYMENT FOR BURIAL AND CREMATION › VIOLATIONS › Section 283.31 - Funeral director violations

Current through Register Vol. 54, No. 28, July 13, 2024
If the Department learns that a funeral director has or
						appears to have violated a regulation, the Department will determine whether
						further action is needed in accordance with Chapters 1101 and 1251 (relating to
						general provisions; and funeral directors' services).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 287 - PAYMENT FOR CHILD CARE › AFDC-F PROVISIONS › Section 287.21 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
AFDC-F policy in general will be as follows:
(1) Article IV and sections 701 and 902 of
					 the Welfare Code (62 P. S. §§
													401-448,
					 701 and
					 902); sections 401(d) and 405
					 of the County Institution District Law (62 P. S. §§
													2301(d) and
					 2305); and sections 2164 and
					 2168 of the County Code (16 P. S. §§
													2164 and
					 2168) provide the legal base
					 for furnishing child care in a foster home or children's institution (category
					 symbol, C-F).
(2) The AFDC-F
					 program is intended to underscore the basic objectives of the AFDC program to
					 maintain dependent children in their own homes and to assist parents to provide
					 care for their children essential to their healthy growth and development. The
					 provisions of the program safeguard the rights of the child and his parents and
					 relatives during periods of temporary or prolonged stress when separation of
					 the child is less damaging to the child then their remaining
					 together.
(3) The objective during
					 the separation is to improve conditions so that the child might return to his
					 home or to develop other plans for the child such as placement with other
					 relatives or adoption.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 287 - PAYMENT FOR CHILD CARE › AFDC-F PROVISIONS › Section 287.22 - 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:
Foster care
-Substitute care in a
						licensed or approved home or a licensed or approved nonprofit private child
						care institution.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 287 - PAYMENT FOR CHILD CARE › AFDC-F PROVISIONS › Section 287.23 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Eligibility for AFDC-F.
AFDC-F payments may be made to the
					 county child welfare agency in behalf of a child who meets all of the following
					 conditions:
(1) The child was removed from
					 the home of a parent or other specified relative after April 30, 1961, by a
					 court order based on a judicial finding that it is contrary to the welfare of
					 the child to remain the home of his relatives. This includes a child who is
					 neglected, abandoned or in an environment injurious to his welfare, or
					 considered dependent because he is without a parent or guardian, or is without
					 proper care because of the mental or physical disability of a parent, or has
					 been voluntarily released for adoption.
(2) The child meets one of the following
					 conditions of dependency:
(i) Received AFDC in
					 the month in which court action for his removal and placement was initiated, or
					 would have received AFDC had an application been made.
(ii) Was not living with a specified relative
					 at the time court action was initiated but had lived with such a relative
					 within 6 months prior to court action and met other AFDC eligibility
					 factors-age, need and deprivation-in the month court action was initiated.
					 Financial need will be determined by applying the assistance standard to the
					 income in the child's home in the month court action was initiated. The cost of
					 the foster care of the child will not be included but the basic needs of the
					 child in his own home will be. AFDC eligibility will be determined by the
					 requirements and standards in effect at the time the court action was
					 initiated.
(3) The child
					 continues to meet the usual eligibility requirements of age, deprivation of
					 parental support or care, including unemployment of the father and
					 need.
(4) The court designates the
					 county child welfare agency responsible for the placement, care, and
					 supervision of the child.
(5) The
					 child is placed in a foster home or a nonprofit, private child-care institution
					 that is licensed or approved as meeting the standards of the
					 Commonwealth.
(6) The county
					 authority enters into a formal agreement with the Department to provide
					 appropriate care and services to the foster child.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 289 - EMERGENCY ASSISTANCE › GENERAL PROVISIONS › Section 289.1 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Emergency
					 assistance is financial and medical assistance to needy individuals or to
					 families with children, including migrant workers, who, for reasons beyond
					 their control, are unable to engage in their normal employment, to deal with a
					 crisis situation causing a threat to the well-being of the individual or family
					 and to meet urgent needs resulting from a sudden event requiring immediate
					 aid.
(b) Federal financial
					 participation is available only for emergency assistance (EA) to families with
					 children under age 21 for a period not to exceed 30 consecutive days within a
					 12 consecutive month period. Emergency assistance (EA) for individuals or
					 families without children is provided solely from Commonwealth funds.
(c) Emergency assistance shall be only for
					 those items which represent the immediate and urgent needs of the individual or
					 family as defined in §
											289.4(a)
					 (relating to procedures).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 289 - EMERGENCY ASSISTANCE › GENERAL PROVISIONS › Section 289.2 - 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:
Emergency
-Sudden unexpected
						circumstances creating a breakdown of individual or family functioning in
						meeting basic family needs and resulting in a need for immediate action to
						avoid destitution of the individual or minor children residing in the family
						unit.
This section cited in 55 Pa. Code §
													289.4 (relating to
						  procedures).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 289 - EMERGENCY ASSISTANCE › GENERAL PROVISIONS › Section 289.3 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Eligibility for families with children under age 21.
Families
					 with children under age 21 may qualify for emergency assistance, provided all
					 of the following conditions are met:
(1) The
					 child is, or has been within 6 months prior to application for assistance,
					 residing with the relatives specified in §
												151.42 (relating to definitions).
					 If the child is residing with an adult other than specified in § 151.42,
					 emergency assistance may be authorized but no Federal financial participation
					 is available.
(2) Resources
					 immediately available to the child are within the need and resource standards
					 as set forth in Subpart D (relating to determination of need and amount of
					 assistance), except that the provisions set forth in Chapter 187 (relating to
					 support from relatives not living with the client) on assignment of support
					 rights do not apply.
(3) The
					 emergency assistance is necessary to avoid destitution of the child or to
					 provide living arrangements for him in a home.
(4) The destitution or need for living
					 arrangements for the child did not arise because the child, if age 16 to 21 not
					 regularly attending school, or such relative refused without good cause to
					 accept employment or training for employment.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 291 - PROTECTIVE AND VENDOR PAYMENTS › GENERAL PROVISIONS › Section 291.1 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of these §§
													291.21-291.24 issued under sections
						  201(2) and 403(b) of the Public Welfare Code (62 P. S. §§
														201(2) and
						  403(b)), unless otherwise
						  noted.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 291 - PROTECTIVE AND VENDOR PAYMENTS › PROTECTIVE AND VENDOR PAYMENT PROVISIONS FOR AFDC/GA › Section 291.21 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this chapter, in accordance with
						requirements of the Social Security Act (42 U.S.C.A. §§
												301-1397f), provide for protective
						payments for AFDC recipients and vendor payments for AFDC recipients. In
						addition, protective payments will be made in GA child support cases when the
						caretaker fails to comply with support requirements of §
											153.44 (relating to procedures).
						Also, vendor payments may be made to public housing authorities for AFDC and GA
						recipients according to procedures described in this chapter.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 291 - PROTECTIVE AND VENDOR PAYMENTS › PROTECTIVE AND VENDOR PAYMENT PROVISIONS FOR AFDC/GA › Section 291.22 - 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:
Housing authority
-A public housing
						agency, operated by a local government, established under the laws of this
						Commonwealth and the United States Housing Act of 1937 (42 U.S.C.A. §§
												1437 -
						1437q), administered under the
						authority of the Department of Housing and Urban Development (HUD), with
						responsibility for administration and operation of a public housing
						project.
Housing project
-Public housing units
						operated by a housing authority under the authority of HUD, for the purpose of
						providing housing to low-income families and individuals.
Money management
-Planning and directing
						the expenditure of money and resources to meet the ongoing needs and
						obligations of the individual or the family.
Protective payee
-A responsible adult to
						whom a protective payment is made. He is not a legally appointed guardian or
						trustee.
Protective payment
-The public assistance
						payment made on behalf of a client to a protective payee. The protective
						payment may be the full cash grant, or part of the payment may be made to the
						client and part may be made to the protective payee.
Vendor
-A person, or a housing authority,
						which furnishes board, room and board, or shelter.
Vendor payment
-A public assistance
						payment which is made to a vendor and may cover one or more semimonthly payment
						periods, whichever is most appropriate in each case. The vendor payment may be
						the actual monthly charge for the item provided. The difference between the
						vendor payment per month and the total monthly allowance is paid to the
						client.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 291 - PROTECTIVE AND VENDOR PAYMENTS › PROTECTIVE AND VENDOR PAYMENT PROVISIONS FOR AFDC/GA › Section 291.23 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Need
					 for protective or vendor payment
. Need for protective or vendor
					 payment is established in the following circumstances:
(1) The failure of a person applying for AFDC
					 or GA Assistance on behalf of a child to cooperate in securing child support
					 payments from an absent parent without good cause will result in a protective
					 payment for the child.
(2) In
					 accordance with Chapter 165 (relating to Employment and Training Program),
					 certain recipients who have failed without good cause to participate in ETP
					 will be provided assistance through a protective payment.
(3) An AFDC client who demonstrates problems
					 in money management which severely affect his welfare or the welfare of the
					 family for whom he is responsible will be provided assistance through a
					 protective or vendor payment.
(4)
					 An AFDC or GA client who owes at least the amount of three months in rental
					 payment to a housing authority which operates the housing project in which the
					 client lives may be provided assistance through a vendor payment determined in
					 accordance with the requirements specified in subsection (e).
(5) An AFDC or GA recipient receives a
					 special allowance for supportive services for child care and the provider is a
					 regulated provider who has signed the Department's vendor payment agreement and
					 who is enrolled in the Department's child care vendor payment system.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 291 - PROTECTIVE AND VENDOR PAYMENTS › PROTECTIVE AND VENDOR PAYMENT PROVISIONS FOR AFDC/GA › Section 291.24 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Procedure to determine need.
The procedures for determination
					 of need will be as follows:
(1)
Identification of money management problems.
Money management
					 problems will be determined as follows:
(i)
Method.
Identification of money problems may be made by visual
					 observation of living conditions and appearances of family members in respect
					 to health and attire, discussions with the client, reports from sources such as
					 schools, hospitals, physicians or other individuals or organizations which
					 provide services to the recipient's family, complaints of the client about his
					 inability to manage and complaints from the community that the client is
					 repeatedly failing to meet his financial obligations. However, mismanagement
					 shall not be determined solely on the fact that bills are not paid on a timely
					 basis.
(ii)
Types.
Circumstances which indicate there may be a problem in money management will
					 include the following:
(A) Inability to plan
					 and spread necessary expenditures.
(B) Overbuying, impulsive buying and
					 excessive use of credit resulting in the diversion of funds needed for basic
					 items.
(C) Persistent or deliberate
					 failure to meet obligations for current food, rent and other essentials while
					 making expenditures for other less essential purposes or for purposes unrelated
					 to present or future needs.
(iii)
Relevant
					 considerations.
In determining mismanagement, all relevant
					 considerations shall be taken into account, including but not limited to the
					 following:
(A) Whether the family has
					 experienced some emergency or extraordinary event for which it was necessary to
					 spend available funds.
(B) Whether
					 expenses for necessary bills exceed the recipient's grant and other
					 income.
(C) Whether the family has
					 withheld the payment as a reasonable exercise of consumer rights when there is
					 a legitimate dispute as to whether terms of an agreement have been
					 met.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 293 - ASSISTANCE PROVIDED TO REFUGEES › Section 293.1 - General

Current through Register Vol. 54, No. 28, July 13, 2024
The administration of the Refugee Assistance Program is
					 governed by Federal regulations found at
					 45 CFR
					 400.1-400.62,
					 400.200-400.300,
					 401.2 and
					 401.12, which are hereby
					 incorporated by reference.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 297 - RESERVED › Section 297.1 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 55 Pa. Code §
												141.61 (relating to policy); and
						55 Pa. Code §
												145.64 (relating to
						procedures).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart I - Other Income Maintenance Programs › Chapter 297 - RESERVED › Section 297.3 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 55 Pa. Code §
												141.61 (relating to policy); 55
						Pa. Code §
												175.23 (relating to requirements);
						and 55 Pa. Code §
												227.24 (relating to
						procedures).