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 187.26 - Noncooperation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Determination of noncooperation by the CAO, court of common pleas or
					 DRS.
The CAO, court or DRS may make the determination of whether an
					 applicant or recipient refused to cooperate without good cause. The court of
					 common pleas of each county will have the option of hearing appeals from any
					 determination of its DRS that an applicant or recipient has not cooperated in
					 accordance with §
											187.23 (relating to requirements).
					 If the court declines to exercise the option to hold hearings on the appeals,
					 the procedures in subsection (b) apply. If the CAO determines noncooperation
					 without good cause, the procedures in subsection (c) apply. Subsection (c)(1)
					 applies to applicants. Subsection (c)(2) applies to recipients. The procedures
					 in subsection (c)(1) or (2) also apply when the court declines to hold the
					 noncooperation hearing. If the court, after notice and an opportunity to be
					 heard, determines that the applicant or recipient refused to cooperate without
					 good cause, the Department will implement the court's order, as specified in
					 subsection (d).
(b) If the court or
					 the DRS determines that the applicant or recipient has failed to cooperate,
					 without good cause, with §
											187.23, the court or the DRS will
					 provide notice of any noncooperation determination to the CAO along with notice
					 of its decision to opt not to hold a hearing on noncooperation. Appropriate
					 court personnel shall be made available to provide testimonial evidence by
					 telephone testimony at the time and location set by the Department for the
					 Departmental appeal hearing. Upon receipt of the notice from the court or the
					 DRS, the CAO shall proceed in accordance with subsection (c)(1) or (2)
					 depending upon whether the individual is an applicant for or recipient of
					 assistance.
(c) If the CAO
					 determines that the applicant or recipient has failed to cooperate, without
					 good cause, with § 187.23, or upon receipt of a notice of a noncooperation
					 determination by the court or DRS under subsection (b), the CAO will:
(1) In the case of an applicant:
(i) Provide notice to the applicant of the
					 noncooperation determination, the basis for the noncooperation determination
					 and the reduction of the cash assistance allowance by 25% effective upon
					 authorization of assistance.
(ii)
					 Provide notice to the applicant of the right to appeal to the Department's
					 Bureau of Hearings and Appeals under Chapter 275 (relating to appeal and fair
					 hearing and administrative disqualification hearings).
(iii) Authorize the cash assistance allowance
					 reduced by 25% effective upon authorization of assistance.
(iv) Authorize the full cash assistance
					 allowance if so ordered as a result of a decision rendered by the Bureau of
					 Hearings and Appeals, as a result of a good cause claim initiated by the
					 applicant, or as a result of the applicant cooperating with the support
					 requirements.