Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 11 - GUIDELINES FOR THE MILITARY FAMILY RELIEF ASSISTANCE PROGRAM-STATEMENT OF POLICY › Section 11.3 - 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 or
				  unless the governing statue, as amended, amends the meaning.
Armed Forces of the United States
-As
				  defined at 10 U.S.C. §
										101(a)(4).
Bureau
-The Bureau of Veterans Programs,
				  Initiatives, Reintegration and Outreach of the department.
Department
-The Department of Military and
				  Veterans Affairs of the Commonwealth.
Eligible relative of an eligible service
				  member
-As conforms to
				  51 Pa.C.S. §
										7319(j) (relating to
				  military family relief assistance), means the dependent spouse or dependent
				  child of the eligible service member or, in the case of applicants for
				  financial assistance to visit a hospitalized service member, the service
				  member's spouse, parent, sibling or child. An eligible relative must be a
				  resident, domiciliary, of this Commonwealth at the time of application for
				  assistance. An otherwise eligible relative may retain eligibility if absent
				  from the Commonwealth accompanying the eligible service member to military duty
				  in another state or country.
Eligible service member
-As conforms to
				  51 Pa.C.S. §
										7319(j), means any of the
				  following:
(i) A member of the Armed
				Forces of the United States or its reserve components, including the
				Pennsylvania National Guard, who is serving on active duty authorized under 10
				U.S.C. or 32 U.S.C., other than active duty for training, for a period of 30 or
				more consecutive days.
(ii) A
				member of the Pennsylvania National Guard serving on State active duty,
				authorized under
				51 Pa.C.S. §
										508
				(relating to active duty for emergency), for a period of 30 or more consecutive
				days.
(iii) A member in good
				standing of any reserve component of the Armed Forces of the United States,
				including the Pennsylvania National Guard, for a period of 3 years after
				release from a tour of active duty, authorized under 10 U.S.C. or 32 U.S.C.,
				other than active duty for training, of 30 or more consecutive days duration
				when the need for assistance is directly related to the circumstances under
				§
									11.8 (relating to effective
				date).
(iv) A member in good
				standing of the Pennsylvania National Guard for a period of 3 years after
				release from a tour of State active duty, authorized under
				51 Pa.C.S. §
										508, of
				30 or more consecutive days duration when the need for assistance is directly
				related to the circumstances under § 11.8.
(v) A former member of the Armed Forces of
				the United States or its reserve components, including the Pennsylvania
				National Guard for a period of 4 years after discharge if:
(A) The member was discharged for medical
				reasons arising out of the member's military service.
(B) The medical disability that resulted in
				the member's discharge was incurred in the line of duty and was not the result
				of misconduct.
(C) The medical
				condition giving rise to the discharge did not exist prior to the member
				entering military service.
(D) The
				medical disability was incurred while the member was serving on active duty,
				other than active duty for training, or State active duty, for a period of 30
				or more consecutive days.
(E) The
				former member received an honorable or under honorable conditions discharge for
				medical reasons.
(F) The need for
				assistance is directly related to the former member's military service, to
				exigent circumstances beyond the eligible member's control, or to a disability
				incurred in the line of duty.
Exigent circumstances
-As conforms to
				  51 Pa.C.S. §
												7319(j), means emergency or
				  extraordinary situations or conditions resulting in an eligible service member
				  being unable to provide the necessities of living for the member or the
				  member's dependents due to factors beyond the member's control. The term
				  includes, but is not limited to, natural or manmade disasters, loss of home,
				  loss of employment, disability, or serious illness or injury.
Program
-The Commonwealth's Military Family
				  Relief Assistance Program (MFRAP).
Qualifying period of military service
-Active duty, other than active duty for training, of a duration of 30 or more
				  consecutive days or State active duty authorized under
				  51 Pa.C.S. §
												508 for
				  a duration of 30 or more consecutive days.
Resident of Pennsylvania
-As conforms to
				  51 Pa.C.S. §
												7319(j), means:
(i) An individual who is domiciled in this
				Commonwealth. The individual must either physically reside in this Commonwealth
				or be absent from this Commonwealth under military orders. An individual's
				spouse or dependent who is domiciled in this Commonwealth who is stationed in
				another state or country shall qualify under the program as a resident of this
				Commonwealth so long as the person does not become domiciled in another
				state.
(ii) An individual who
				qualifies under the definition of "Resident Individual" in section 301(P) of
				the act of March 4, 1971 (P.L.
				6, No. 2), known as the Tax Reform Code of
				1971.
VSO
-Veterans services
				  officers.