reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 148 - MA RESIDENCE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › PLACEMENT BY A STATE IN AN OUT-OF-STATE INSTITUTION › Section 148.81 - Placement by a state in an out-of-State institution

Current through Register Vol. 54, No. 28, July 13, 2024
For a person placed by a state in an out-of-State
						institution, the state of residence is determined as follows:
(1) An agency of the state, including an
					 entity recognized under state statute as being under contract with the state
					 for these purposes, that arranges for a person to be placed in an institution
					 located in another state, is recognized as acting on behalf of the state making
					 a placement. The state arranging or actually making the placement is considered
					 the person's state of residence irrespective of the person's intent or ability
					 to indicate intent. The placing state also retains responsibility for a person
					 when placement is initiated by it because the state lacks a sufficient number
					 of appropriate facilities to provide services to its residence.
(2) An action beyond providing information to
					 the person and the person's family constitutes arranging, or making, a state
					 placement. The following actions do not constitute state placement:
(i) Providing basic information to a person
					 about another state's MA Program and information about the availability of
					 health care services and facilities in another state.
(ii) Assisting a person in locating an
					 institution in another state, if the person is capable of indicating intent and
					 independently decides to move.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 149 - CITIZENSHIP AND ALIENAGE › CITIZENSHIP AND ALIENAGE PROVISIONS FOR AFDC › Section 149.23 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
A person who is not a citizen of the United States is not
						eligible for AFDC unless he is an alien lawfully admitted for permanent
						residence or otherwise permanently residing in the United States under
						provisions of law.
This section cited in 55 Pa. Code §
													108.7 (relating to requirements
						  subject to waiver).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 149 - CITIZENSHIP AND ALIENAGE › CITIZENSHIP AND ALIENAGE PROVISIONS FOR AFDC › Section 149.24 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Establishing citizenship.
The statement of the client that the
					 client is a citizen of the United States will be acceptable verification unless
					 there is other information which indicates the contrary. Once United States
					 citizenship is established, it will not be necessary to verify this item
					 again.
(b)
Establishing
					 alien status.
The procedures for establishing alien status will be as
					 follows:
(1) The status of an alien will be
					 established when the individual presents a current alien registration card or
					 other written evidence from the United States Department of Immigration and
					 Naturalization indicating that the client is legally residing in the country
					 and not for a temporary purpose.
(2) If documentation is not immediately
					 available, the statement of the client that he is lawfully residing in the
					 country will be accepted, pending verification with the Federal Immigration
					 Authorities. The offices of the two Immigration and Naturalization Services in
					 this Commonwealth are as follows:
United States Immigration and Naturalization
						ServicesPittsburgh Office 2130 Federal Building 1000 Liberty Avenue Pittsburgh,
						Pennsylvania 15222Philadelphia Office 601 Market Street Room 1321 Philadelphia,
						Pennsylvania 19106
(3) Once
					 alien status has been verified, it will not be necessary to reverify this item
					 at a redetermination, except in questionable cases.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 150 - CITIZENSHIP AND ALIENAGE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA CITIZENSHIP AND ALIENAGE › EMERGENCY MEDICAL SERVICES › Section 150.11 - Aliens eligible for emergency medical services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An alien who has an emergency medical
						condition as defined in §
												150.2 (relating to definitions)
						and who meets the income, resource and other categorical requirements of the
						applicable MA program may be eligible for MA for the treatment of the emergency
						medical condition if the alien:
(1) Is an
						illegal alien.
(2) Is an ineligible
						alien.
(3) Is an undocumented
						alien.
(4) Is an LTR or LPR who is
						banned from receiving MA for 5 years from the date that legalization is granted
						and who does not meet the requirements specified in §
													150.1(b)(4)
						(relating to general policy for MA citizenship and
						alienage).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 150 - CITIZENSHIP AND ALIENAGE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA CITIZENSHIP AND ALIENAGE › IRCA LIMITATIONS › Section 150.21 - Limitation of MA eligibility for IRCA legalized aliens

Current through Register Vol. 54, No. 28, July 13, 2024
An alien who has been legalized as an LTR or an LPR
						  under IRCA who does not meet the requirements specified in §
												150.1(b)(4) 
						  (relating to general policy for MA citizenship and alienage) is restricted to
						  receiving MA payment for an emergency medical condition or pregnancy-related
						  services as defined in §
												150.2 (relating to definitions).
						  This restriction applies for 5 years from the date that legalization is
						  granted. At the end of the 5-year period, regular MA coverage is available if
						  the alien meets the financial and nonfinancial requirements of the applicable
						  MA Program.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 150 - CITIZENSHIP AND ALIENAGE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA CITIZENSHIP AND ALIENAGE › VERIFICATION PROVISIONS › Section 150.31 - Verification of alien status

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Verification consists of documentation specified by the Department and includes
						an alien resident card INS Form I-551 or I-151; Form AR-3, or Form AR-3a, which
						are earlier versions of the Form I-551, if endorsed to show a lawful admission
						has been made; or a reentry permit; INS Form I-94, Form I-220B or INS Form
						I-210, or a letter from INS indicating the alien's status or an order from an
						immigration judge showing that deportation has been withheld; or INS Form
						I-688. Acceptable documentation for an American Indian born in Canada shall be
						a birth or baptismal certificate issued on an Indian Reservation, tribal
						records, a letter from the Canadian Department of Indian Affairs, school
						records or written verification from INS.
(b) If verification is not immediately
						available, the applicant has 30 days from the date MA is authorized to provide
						acceptable verification of status. Once alien status is verified, it is not
						necessary to reverify unless the applicant states that his status has
						changed.
(c) If verification of
						alien status is requested from INS, MA may be authorized pending receipt of
						verification from INS.
This section cited in 55 Pa. Code §
														150.1 (relating to general policy
							 for MA citizenship and alienage).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 153 - DEPRIVATION OF SUPPORT OR CARE › DEPRIVATION OF SUPPORT OR CARE PROVISIONS FOR TANF › Section 153.41 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
As one of the eligibility criteria for TANF, it must be
						established that a child is deprived of support of one or both parents as
						defined in this chapter.
This section cited in 55 Pa. Code §
													108.7 (relating to requirements
						  subject to waiver); and 55 Pa. Code §
													151.41 (relating to
						  policy).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 153 - DEPRIVATION OF SUPPORT OR CARE › DEPRIVATION OF SUPPORT OR CARE PROVISIONS FOR TANF › Section 153.42 - 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:
Cash assistance allowance
-The monthly
						family size allowance, reduced by the net income of the budget group. The
						family size allowance is described under §
											175.23(a)
						(relating to requirements).
Deprived child
-One who lacks the
						support, care or guidance of one parent or both. This means that the child does
						not have the maintenance, physical care or guidance that one parent or both
						would ordinarily be expected to provide, or that these have been
						interrupted.
Uniformed service
-The Army, Navy, Air
						Force, Marine Corps, Coast Guard, National Oceanic and Atmospheric
						Administration and Public Health Service of the United
						States.
The provisions of this §
													153.42 amended under sections
						  201(2), 403(b) and 432 of the Public Welfare Code (62 P. S. §§
														201(2),
						  403(b) and 432); the Support
						  Law (62 P. S. §§
														1971-1977); Titles I and III of the Personal
						  Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No.
						  104-193) (PRWORA), creating the Temporary
						  Assistance for Needy Families (TANF) Program, and amending
						  42 U.S.C.A. §§
														601-619,
						  651-669(b) and
						  1396u-1; the Federal TANF
						  regulations in 45 CFR
						  260.10-265.10; and the
						  Domestic Relations Code,
						  23 Pa.C.S. §§
														4301-4381,
						  5103,
						  7101-7901 and
						  8101-8418.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 155 - ENUMERATION › Section 155.2 - General

Current through Register Vol. 54, No. 28, July 13, 2024
Applicants for and recipients of cash or Medical Assistance
					 benefits are required to disclose or apply for a Social Security Number (SSN)
					 as required by Federal regulations found in
					 42 CFR
					 435.910,
					 435.920 and
					 45 CFR
					 205.52 (relating to use of social security
					 number; verification of SSNs; and furnishing of social security numbers) and
					 section 432.2(b)(3) of
					 the Public Welfare Code (62 P.S. §
											432.2(b)(3)). Enumeration
					 (disclosure of or application for an SSN) is also required by persons applying
					 for or receiviing General Assistance or State Blind Pension in accordance with
					 section 432.2(b)(3) of
					 the Public Welfare Code. The Federal regulations and State statute cited in
					 this section are incorporated by reference.
The provisions of this §
												155.2 issued under sections 201(2)
						and 403(b) of the Public Welfare Code (62 P.S. §§
													201(2) and
						403(b)).
This section cited in 55 Pa. Code §
												108.7 (relating to requirements
						subject to waiver); and 55 Pa. Code §
												299.36 (relating to eligibility
						requirements for SSP-only).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 161 - PERSONS IN INSTITUTIONS › AFDC/GA PROVISIONS FOR PERSONS IN INSTITUTIONS › Section 161.21 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Social
					 Security Act (42 U.S.C.A.
					 §§
												301-1397f), provides that
					 Federal participation cannot be obtained for payments made to or on behalf of a
					 person who is an inmate of a public institution, except as a patient in a
					 medical institution, or who is a patient in an institution for tuberculosis or
					 mental disease.
(b) The Public
					 Assistance Law, as amended, prohibits granting GA to an inmate of a public
					 institution. Blind Pension may be granted to a blind person who is an inmate of
					 a public institution if it is not a mental, penal, reform, or correctional
					 institution.
(c) Both the Social
					 Security Act (42 U.S.C.A.
					 §§
												301-1397f) and the Public
					 Assistance Law prohibit the granting of AFDC to a child or caretaker residing
					 anywhere but in "his or their home."
(d) The act of June 29, 1953 (P. L. 300, No.
					 64) (62 P. S. §§
												2561-2565) (repealed 1967) defines an
					 institution as an establishment which furnishes food and shelter to three or
					 more persons unrelated to the proprietor, and which provides some care or
					 service which meets a need beyond the basic provision of food, shelter and
					 laundry. The following institutions come within the meaning of the definition:
(1) Homes for the aged and infirm.
(2) Nursing homes.
(3) Convalescent homes.
(4) Boarding homes for adults which provide
					 personal care and services.
(5)
					 Rehabilitation centers providing living-in facilities.
(6) Hospitals.
(7) Infirmaries providing living-in
					 arrangements.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 161 - PERSONS IN INSTITUTIONS › AFDC/GA PROVISIONS FOR PERSONS IN INSTITUTIONS › Section 161.23 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Institutional status and effect on eligibility.
The following
					 table shows whether a person in an institution may receive assistance and the
					 conditions that affect each category. If more than one code appears, each one
					 will apply.
Code
Description
YES
Eligibility not affected by
								  institutional status.
A
Yes, but only if the person is free to
								  make financial arrangements with the institution and to leave at any time.
B
Yes, but only if there is a physician's
								  statement to substantiate that the person is a patient (§
																161.22 (relating to policy)) and
								  that he is not in the institution because of a diagnosis of tuberculosis or
								  psychosis. Also required is information to substantiate that the institution is
								  a medical institution (§ 161.22) and that the institution is not one
								  established for the treatment of tuberculosis or mental disease.
NO
Assistance may not be granted.
Z
No, except an applicant who has a
								  definite plan to leave the institution (§
																161.24(b)
								  (relating to procedures)).
PUBLIC
								  INSTITUTIONS
AFDC
GA
BP-P
_______________________________________________________________________________________________
Inmate or Resident
of a
								  public Mental, Penal, Reform or Correctional
								  Institution
Z
Z
No
Inmate or Resident
of
								  any other Public Institution
Z
Z
Yes
Temporary
								  Hospitalization
in a Public Mental
								  Institution
No
A
A
Temporary
								  Hospitalization
in any Tuberculosis Institution or a Patient in a
								  Medical Institution because of a diagnosis of Tuberculosis or
								  Psychosis
No
A
Yes
Temporary
								  Hospitalization
in any other Medical
								  Institution
A,B
A
Yes
PRIVATE
								  INSTITUTIONS
AFDC
GA
BP-B
_______________________________________________________________________________________________
Resident
of Private
								  Tuberculosis or Mental Institution or Patient in a Medical Institution because
								  of a diagnosis of Tuberculosis or
								  Psychosis
No
A
Yes
Resident
of Other
								  Medical Institution
No
A
Yes
Resident
of a
								  Non-Medical Institution
No
A
Yes
Temporary
								  Hospitalization
in any Tuberculosis or Private Mental Institution
								  or a
patient
in a Mental Institution because of a
								  diagnosis of Tuberculosis or Psychosis
No
A
Yes
Temporary Housing
in any
								  other Medical Institution
A,B
A
Yes
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 161 - PERSONS IN INSTITUTIONS › AFDC/GA PROVISIONS FOR PERSONS IN INSTITUTIONS › Section 161.24 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Recipients who are temporarily institutionalized.
The
					 following provisions apply to temporarily institutionalized recipients:
(1)
AFDC and GA recipients who are
					 hospitalized.
Assistance will continue for recipients who are
					 temporarily hospitalized.
(2)
SBP recipients who are hospitalized.
The following procedures
					 apply to hospitalized SBP recipients:
(i)
Recipients not receiving nursing home care payments when
					 hospitalized.
For these recipients the grant for SBP will be computed
					 as if the recipient had not been hospitalized.
(ii)
Recipients receiving nursing
					 home care payments when hospitalized.
The following procedures will
					 apply for these recipients:
(A) For the first
					 month, the grant and eligibility for nursing home care payments will be
					 computed as if the hospitalized recipient remained in the nursing home, if the
					 following conditions are met:
(I) The
					 recipient is expected to return to the nursing home.
(II) The nursing home reserves for the
					 recipient the facilities that had been provided.
(III) The nursing home requires payment for
					 the facilities that are RESERVED.
(B) If one or more of these conditions is not
					 met, the grant and eligibility for SBP will be computed as provided in §
					 3760, but not § 3764.
(C) For
					 the succeeding months, the grant for SBP will be computed as provided in §
					 3760, but not § 3764.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 161 - PERSONS IN INSTITUTIONS › MA PERSONS IN INSTITUTIONS PROVISIONS FOR THE CATEGORICALLY NEEDY › Section 161.72 - 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:
Public medical institution
-A skilled
						public nursing or intermediate care home, restoration center, State school and
						hospital or a mental institution.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 161 - PERSONS IN INSTITUTIONS › MA PERSONS IN INSTITUTIONS PROVISIONS FOR THE CATEGORICALLY NEEDY › Section 161.73 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
A person in a correctional institution under the
					 supervision and control of the Department of Corrections or in a jail operated
					 by local authorities will be ineligible for MA either as a patient in a
					 hospital of the institution or as a patient in any other hospital. A person may
					 not be eligible for MA services provided to him in an institution under the
					 following circumstances:
(1) He is an inmate
					 of a public institution, except as a patient in a medical
					 institution.
(2) He is a patient in
					 an institution for tuberculosis, and is under age 65.
(3) He is a patient in an institution for
					 mental diseases and is between 21 and 65 years of age. However, the persons
					 shall be eligible for the care provided outside the institution by
					 practitioners not on the institutional staff.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 161 - PERSONS IN INSTITUTIONS › MA PERSONS IN INSTITUTIONS PROVISIONS FOR THE MEDICALLY NEEDY › Section 161.82 - 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:
Public medical institution
-A skilled
						public nursing or intermediate care home, restoration center, State school and
						hospital or a mental institution.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 161 - PERSONS IN INSTITUTIONS › MA PERSONS IN INSTITUTIONS PROVISIONS FOR THE MEDICALLY NEEDY › Section 161.83 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
A person in a correctional institution under the
					 supervision and control of the Department of Corrections or in a jail operated
					 by local authorities will be ineligible for MA either as a patient in a
					 hospital of the institution or as a patient in any other hospital. A person may
					 not be eligible for MA services provided to him in an institution under the
					 following circumstances:
(1) He is an inmate
					 of a public institution, except as a patient in a medical
					 institution.
(2) He is a patient in
					 an institution for tuberculosis, and is under age 65.
(3) He is a patient in an institution for
					 mental diseases and is between 21 and 65 years of age. However, the persons
					 shall be eligible for the care provided outside the institution by
					 practitioners not on the institutional staff.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 163 - GUARDIANS AND TRUSTEES › GUARDIANS AND TRUSTEES PROVISIONS › Section 163.1 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The provisions
					 of this chapter deal with trustees and guardians in relation to the eligibility
					 of an adult or an emancipated minor for public assistance.
(b) Assistance for an unemancipated minor
					 will be paid to the adult, parent, specified relative, or other person who is
					 exercising responsibility for the care and control of the minor, even if
					 another person or an agency is guardian of the estate or trustee for the
					 unemancipated minor. An emancipated minor who becomes mentally unable to carry
					 out his eligibility responsibilities will revert to the status of an
					 unemancipated minor.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 163 - GUARDIANS AND TRUSTEES › GUARDIANS AND TRUSTEES PROVISIONS › Section 163.2 - 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:
Client
-An adult or an emancipated
						minor.
Guardian
-A person appointed by the court
						as a representative of a mentally-incapable client for assistance purposes in
						Federal assistance cases. Reference should be made to §
											163.3 (relating to
						requirements).
Trustee
-A person appointed by State
						Office to assist a mentally incompetent client in carrying out his eligibility
						responsibilities for GA or SBP. Reference should be made to §
											163.3.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 163 - GUARDIANS AND TRUSTEES › GUARDIANS AND TRUSTEES PROVISIONS › Section 163.3 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Need
					 for guardian or trustee.
The need for a guardian or a trustee will be
					 determined as follows:
(1)
General.
A client will be considered in need of a guardian or
					 trustee under the following circumstances:
(i)
					 The client is mentally incapable of carrying out eligibility responsibilities.
					 This will include the client who has been released from a Commonwealth school
					 and hospital for the mentally retarded or a Commonwealth mental institution
					 under community living arrangements, such as group homes and the like, as
					 provided in §
													163.4(a)(4)
					 (relating to procedures).
(ii) It
					 appears that the need for protective payments for an AFDC person (non-WIN) will
					 continue or is likely to continue beyond 2 years as provided in §
					 291.24(g) (relating to procedures).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 165 - ROAD TO ECONOMIC SELF-SUFFICIENCY THROUGH EMPLOYMENT AND TRAINING (RESET) PROGRAM › EXEMPTIONS FROM RESET PARTICIPATION REQUIREMENTS › Section 165.21 - Exemptions from RESET participation requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual's exemption status is
					 reviewed when a change is reported that would affect the individual's exemption
					 status, when a condition is expected to change and at each reapplication
					 interview. The individual is notified in writing of changes in exemption
					 status.
(b) An individual who is
					 exempt may volunteer to participate in RESET.
(c) An individual shall participate in RESET
					 unless the individual establishes good cause under §
											165.52 (relating to good cause) or
					 the individual is exempt. An individual may be exempt if the individual is one
					 of the following:
(1) Mentally or physically
					 disabled, as verified by a physician or licensed psychologist, and the
					 disability temporarily or permanently precludes any form of employment or
					 work-related activity.
(i) An exemption period
					 for recuperation after childbirth is determined by a physician or licensed
					 psychologist.
(ii) Because mentally
					 ill or mentally retarded persons cannot always acknowledge or explain their
					 impairment and are frequently incapable of obtaining verification, persons who,
					 in the judgment of the worker are mentally impaired, shall be referred to the
					 Disability Advocacy Program for further evaluation. These persons will be
					 exempt pending the results of an evaluation.
(iii) The Department may require an applicant
					 or recipient with a verified temporary mental or physical disability, including
					 drug or alcohol dependency, to pursue appropriate treatment as a condition of
					 receiving assistance.
(iv) The
					 Department may require an applicant or recipient to submit to an independent
					 examination as a condition of receiving assistance.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 165 - ROAD TO ECONOMIC SELF-SUFFICIENCY THROUGH EMPLOYMENT AND TRAINING (RESET) PROGRAM › EXEMPTIONS FROM RESET PARTICIPATION REQUIREMENTS › Section 165.22 - Verification of exemption

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Need for verification.
The applicant or recipient shall
					 cooperate in providing necessary information and verification regarding the
					 basis for exemption.
(1) The CAO may assist an
					 individual in obtaining verification when help is needed.
(2) The Department may require an applicant
					 or recipient claiming an exemption based on a physical or mental disability
					 which temporarily or permanently precludes any form of employment or
					 work-related activity to submit to an independent examination as a condition of
					 receiving assistance, if the individual is exempt from RESET.
(3) An applicant or recipient with a verified
					 physical or mental disability which temporarily precludes any form of work or
					 work-related activity shall pursue appropriate treatment to restore or improve
					 the individual's ability to work, as a condition of receiving assistance, if
					 the individual is exempt from RESET.
(4) An individual is not required to verify
					 information that was previously verified and is not subject to
					 change.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 165 - ROAD TO ECONOMIC SELF-SUFFICIENCY THROUGH EMPLOYMENT AND TRAINING (RESET) PROGRAM › EXEMPTIONS FROM RESET PARTICIPATION REQUIREMENTS › Section 165.23 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 55 Pa. Code §
													166.23 (relating to
						  requirements).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 165 - ROAD TO ECONOMIC SELF-SUFFICIENCY THROUGH EMPLOYMENT AND TRAINING (RESET) PROGRAM › EXEMPTIONS FROM RESET PARTICIPATION REQUIREMENTS › Section 165.24 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 55 Pa. Code §
													166.23 (relatinig to
						  requirements).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 165 - ROAD TO ECONOMIC SELF-SUFFICIENCY THROUGH EMPLOYMENT AND TRAINING (RESET) PROGRAM › EXEMPTIONS FROM RESET PARTICIPATION REQUIREMENTS › Section 165.25 - RESET participation requirements following an exemption

Current through Register Vol. 54, No. 28, July 13, 2024
An individual who was formerly exempt shall participate
						in RESET, as specified in §
											165.31 (relating to RESET
						participation requirements), in accordance with the following:
(1) An individual who was exempt due to a
					 physical or mental disability is required to participate in RESET:
(i) Immediately if the condition ceases
					 during the first 22 months that the individual receives cash
					 assistance.
(ii) Within 8 weeks if
					 the condition ceases after the individual has received cash assistance for 22
					 months or more.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 165 - ROAD TO ECONOMIC SELF-SUFFICIENCY THROUGH EMPLOYMENT AND TRAINING (RESET) PROGRAM › RESET PARTICIPATION REQUIREMENTS › Section 165.31 - RESET Participation requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following RESET participation
					 requirements always apply:
(1) An individual
					 who is not exempt under §
												165.21 (relating to exemptions
					 from RESET participation requirements) shall seek and accept any bona fide
					 offer of employment and maintain employment.
(2) A nonexempt individual shall accept
					 referral to, work in and retain employment in which the individual is able to
					 engage and participate in work activities specified on the AMR.
(3) A nonexempt individual may not, without
					 good cause, voluntarily terminate employment, reduce earnings or fail to apply
					 for work.
(4) Information
					 indicating noncompliance with this section will result in a compliance review
					 in accordance with §
												165.51 (relating to compliance
					 review).
(5) A nonexempt
					 recipient's willful failure, without good cause, to comply with this subsection
					 will result in the imposition of sanctions as specified in §
												165.61 (relating to
					 sanctions).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 165 - ROAD TO ECONOMIC SELF-SUFFICIENCY THROUGH EMPLOYMENT AND TRAINING (RESET) PROGRAM › SPECIAL ALLOWANCES FOR SUPPORTIVE SERVICES › Section 165.42 - Advance provision of special allowances for supportive services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Special
					 allowances for supportive services will be provided in advance of the date
					 required by the provider, consistent with the requirements and time frames in
					 §
											165.45 (relating to time frames
					 for authorization of payment of special allowances for supportive
					 services).
(b) The advance payment
					 requirement applies to initial and recurring payments of special allowances for
					 supportive services in accordance with § 165.45.
The provisions of this §
													165.42 amended under sections
						  201(2), 403(b) and 408(c) of the Public Welfare Code (62 P. S.
						  §§
														201(2),
						  403(b) and 408(c)); and the
						  Federal Food stamp regulation in
						  7 CFR
						  273.7(d)(4).
This section cited in 55 Pa. Code §
													165.1 (relating to general); and
						  55 Pa. Code §
													168.1 (relating to policy on
						  payment of child care).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 165 - ROAD TO ECONOMIC SELF-SUFFICIENCY THROUGH EMPLOYMENT AND TRAINING (RESET) PROGRAM › SPECIAL ALLOWANCES FOR SUPPORTIVE SERVICES › Section 165.43 - Requests for special allowances for supportive services and time frames for eligibility determinations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The Department will document an oral or written request for a special allowance
					 for supportive services. A written decision approving or denying the request
					 will be issued by the Department no later than 15-calendar days following the
					 request.
(b) A Notice to Applicant
					 as provided in Chapter 125 (relating to application process), shall be used to
					 inform the individual of the Department's decision on the request for
					 supportive services.
(c) When the
					 request for a special allowance for supportive services is approved, the
					 written notice shall be issued within the time frame for authorization of
					 payment in §
											165.45 (relating to time frames
					 for authorization of payment of special allowances for supportive
					 services).
The provisions of this §
													165.43 amended under sections
						  201(2), 403(b) and 408(c) of the Public Welfare Code (62 P. S.
						  §§
														201(2),
						  403(b) and 408(c)); and the
						  Federal Food stamp regulation in
						  7 CFR
						  273.7(d)(4).
This section cited in 55 Pa. Code §
													165.1 (relating to general); and
						  55 Pa. Code §
													168.1 (relating to policy on
						  payment of child care).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 165 - ROAD TO ECONOMIC SELF-SUFFICIENCY THROUGH EMPLOYMENT AND TRAINING (RESET) PROGRAM › SPECIAL ALLOWANCES FOR SUPPORTIVE SERVICES › Section 165.44 - Verification for special allowances for supportive services

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Verification needed to authorize special allowances for supportive
					 services.
(1) Before authorizing the
					 special allowance for supportive services, the Department will determine the
					 following:
(i) Whether the supportive service
					 requested is required to enable the participant to engage in an approved work
					 or work-related activity.
(ii) The
					 expected charge for the service or item requested.
(iii) The date the service or item is needed
					 by the participant.
(iv) The date
					 that payment for the service or item is required under the provider's usual
					 payment policy or practice.
(v) The
					 Department will not pay for or provide a special allowance for items and
					 services already paid for or obtained unless required under Federal
					 law.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 165 - ROAD TO ECONOMIC SELF-SUFFICIENCY THROUGH EMPLOYMENT AND TRAINING (RESET) PROGRAM › SPECIAL ALLOWANCES FOR SUPPORTIVE SERVICES › Section 165.45 - Time frames for authorization of special allowances for supportive services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When
					 verification is obtained or received by the Department within 5-calendar days
					 following a request for a special allowance for supportive services, if
					 approved, the Department will authorize the request no later than 10-calendar
					 days following the date of request.
(b) When verification is obtained or received
					 by the Department more than 5 days following a request for special allowance
					 for supportive services, the Department will authorize the request no later
					 than 5-calendar days after receipt of the verification.
(c) When the last day for authorization of
					 payment falls on a weekend or holiday, the Department will authorize the
					 request on or before the working day immediately preceding the weekend or
					 holiday.
(d) Authorization shall
					 include actually processing the data needed to issue a check, including
					 completing required forms and performing data entry.
(e) The Department will issue the written
					 decision approving or disapproving the request for a special allowance for a
					 supportive service within the time frame for authorization in this
					 section.
(f) For payments of
					 special allowances for supportive services the Department will use the method
					 of payment, such as a county or central issuance, that is best calculated to
					 provide payment to the participant in advance of the date that payment for the
					 supportive service is required by the provider.
The provisions of this §
													165.45 amended under sections
						  201(2), 403(b) and 408(c) of the Public Welfare Code (62 P. S.
						  §§
														201(2),
						  403(b) and 408(c)); and the
						  Federal Food stamp regulation in
						  7 CFR
						  273.7(d)(4).
This section cited in 55 Pa. Code §
													165.1 (relating to general); 55
						  Pa. Code §
													165.42 (relating to advance
						  provision of special allowances for supportive services); 55 Pa. Code §
													165.43 (relating to requests for
						  special allowances for supportive services and time frames for eligibility
						  determinations); and 55 Pa. Code §
													168.1 (relating to policy on
						  payment of child care).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 165 - ROAD TO ECONOMIC SELF-SUFFICIENCY THROUGH EMPLOYMENT AND TRAINING (RESET) PROGRAM › COMPLIANCE REVIEW AND GOOD CAUSE › Section 165.52 - Good cause

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As permitted
					 by Federal law, good cause includes the following circumstances beyond the
					 individual's control:
(1) The job was beyond
					 the capacity of the individual.
(2)
					 The individual reasonably attempted and is unable to secure or to maintain
					 transportation.
(3) The individual
					 reasonably attempted and cannot secure or maintain appropriate child care, as
					 defined in §
												165.2 (relating to definitions),
					 or appropriate adult care for an incapacitated adult living in the same home,
					 within a reasonable distance from the individual's home, as defined in §
					 165.2.
(4) The working conditions
					 are substandard; that is, the place of employment is not free of recognized
					 hazards that are causing or are likely to cause death or serious physical harm,
					 or the wages paid are below the minimum wage if applicable for that type of
					 employment or are below the prevailing wage normally paid in the community for
					 that specific kind of employment.
(5) The individual establishes a basis for a
					 claim of discrimination by an employer or fellow employees based on age, race,
					 sex, color, handicap, religious beliefs, national origin or political beliefs
					 or other unlawful discrimination.
(6) The individual leaves a job in connection
					 with patterns of employment in which workers frequently move from one employer
					 to another, such as migrant farm labor, construction work or temporary work
					 through an agency. Even though employment at the new site has not actually
					 started, leaving the previous employment shall be considered good cause it if
					 is part of the pattern of that type of employment.
(7) Personal illness or illness of another
					 household or family member.
(8) A
					 personal emergency.
(9) The
					 individual failed to receive notice at least 2 days prior to the date of a
					 scheduled RESET activity.
(10) The
					 individual was placed in an education or training activity that was beyond the
					 capacity of the individual to complete, and the individual is willing to
					 participate in another activity better suited to the individual's needs and
					 aptitudes.
(11) A required
					 employment and training activity conflicts with scheduled hours of employment
					 or a job interview.
(12) The
					 location of a RESET site or job is more than 2 hours round-trip by reasonably
					 available public or private transportation from the individual's
					 residence.
(13) The individual is
					 claiming to be exempt from RESET participation requirements under §
												165.21 (relating to exemptions
					 from RESET participation requirements) and is cooperating in an attempt to
					 provide verification of exemption.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 165 - ROAD TO ECONOMIC SELF-SUFFICIENCY THROUGH EMPLOYMENT AND TRAINING (RESET) PROGRAM › SANCTIONS › Section 165.61 - Sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A sanction will
					 be imposed on an individual who is required to participate in RESET if the
					 individual willfully, and without good cause, does one or more of the
					 following:
(1) Fails to accept a bona fide
					 offer of employment in which the individual is able to engage.
(2) Voluntarily terminates
					 employment.
(3) Fails or refuses to
					 accept referral to, participate in, or continue to participate in an available
					 work-related activity, including work-related activities specified on the
					 AMR.
(4) Fails to accept referral
					 to, work in, or retain employment in which the individual is able to engage and
					 participate in work activities specified on the AMR.
(5) Fails to seek employment.
(6) Fails to maintain employment.
(7) Reduces earnings.
(8) During the first 24 months of cash
					 assistance, fails to participate in one of the following work-related
					 activities, if not employed at least 20 hours per week:
(i) Subsidized employment.
(ii) Work experience.
(iii) On-the-job training.
(iv) Community service.
(v) Workfare.
(vi) Job search, whether independent or
					 assisted, and job readiness and job preparation activities.
(vii) Vocational education training or job
					 skills training.
(viii) Any
					 employment and training program funded or approved by the Department that
					 provides one-stop access to intensive case management, training, education, job
					 readiness training, job search and individual job development that leads to job
					 placement.
(ix) Any employment and
					 training program funded or approved by the Department that provides activities
					 for a cash assistance applicant or recipient to achieve rapid attachment to the
					 workforce.
(x) In the case of a
					 recipient 18 years of age or older and less than 22 years of age, general
					 education that is necessary for the recipient to obtain employment, a high
					 school diploma or a certificate of high school equivalency, subject to the
					 recipient maintaining satisfactory progress as defined by the school or
					 educational program.
(9)
					 After receiving 24 months of cash assistance, fails to participate for an
					 average of at least 20 hours per week in one of the following work activities:
(i) Unsubsidized employment.
(ii) Subsidized employment.
(iii) Work experience.
(iv) Community service.
(v) On-the-job training.
(vi) Workfare.
(10) Fails to agree to fulfill RESET
					 participation requirements.
(11)
					 Fails to apply for work at the time and in the manner the Department may
					 prescribe.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 165 - ROAD TO ECONOMIC SELF-SUFFICIENCY THROUGH EMPLOYMENT AND TRAINING (RESET) PROGRAM › NOTIFICATION › Section 165.71 - Notification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
					 compliance review results in a finding that the recipient was willfully, and
					 without good cause, failed to comply with RESET participation requirements, the
					 CAO will notify the recipient in accordance with Chapter 133 (relating to
					 redetermining eligibility). This notice will indicate the sanction to be
					 imposed and the reason for the sanction.
(b) An individual whose failure to comply
					 results in a sanction, as specified in §
											165.61 (relating to sanctions),
					 will be reminded in writing before the end of the minimum durational sanction
					 period of the individual's option to end the sanction by correcting the failure
					 to comply. The CAO will send the reminder to the individual 10 days prior to
					 the end of the sanction period.
(c)
					 The CAO shall inform applicants and recipients of the availability of
					 transitional child care and extended medical care at application and
					 reapplication.
The provisions of this §
													165.71 amended under sections
						  201(2), 403(b), 405 and 432.3 of the Public Welfare Code (62 P. S. §§
														201(2),
						  403(b), 405 and 432.3);
						  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; and the Federal
						  TANF regulations in 45 CFR
						  260.10-265.10.
This section cited in §
													165.1 (relating to
						  general).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 165 - ROAD TO ECONOMIC SELF-SUFFICIENCY THROUGH EMPLOYMENT AND TRAINING (RESET) PROGRAM › FAIR HEARING › Section 165.81 - Fair hearing

Current through Register Vol. 54, No. 28, July 13, 2024
Every person has a right to appeal a Departmental action
						or failure to act regarding these employment requirements and to have a hearing
						in accordance with Chapter 275 (relating to appeal and fair hearing and
						administrative disqualification hearings), if the individual is dissatisfied
						with a decision refusing or discontinuing assistance in whole or in part with
						the following exceptions:
(1) The
					 requirement for notice does not apply to a change in the method of payment of a
					 special allowance for supportive services unless the change results in a
					 discontinuance, suspension, reduction or termination of the allowance or would
					 force a change in child care or adult care arrangements.
(2) Section
					 275.4(a)(3)(v)(C)(I)
					 (relating to procedures) regarding continued benefits pending a hearing
					 decision does apply to a reduction or discontinuance of a special allowance for
					 supportive services.
This section cited in 55 Pa. Code §
													165.1 (relating to
						  general).