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                                                      PRINTER'S NO. 3096

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2244 Session of 2001


        INTRODUCED BY GRUCELA, SOLOBAY, COSTA, ROONEY, BELFANTI, BROWNE,
           BUNT, COY, DERMODY, DiGIROLAMO, GEORGE, HORSEY, HUTCHINSON,
           JAMES, JOSEPHS, KIRKLAND, LAUGHLIN, LESCOVITZ, MELIO,
           PETRARCA, READSHAW, SHANER, TANGRETTI, THOMAS, TRICH,
           WOJNAROSKI AND YOUNGBLOOD, DECEMBER 13, 2001

        REFERRED TO COMMITTEE ON FINANCE, DECEMBER 13, 2001

                                     AN ACT

     1  Amending the act of March 11, 1971 (P.L.104, No.3), entitled, as
     2     amended, "An act providing property tax or rent rebate and
     3     inflation dividends to certain senior citizens, widows,
     4     widowers and permanently disabled persons with limited
     5     incomes; establishing uniform standards and qualifications
     6     for eligibility to receive rebates and dividends; providing
     7     for transportation assistance grants and grants to area
     8     agencies on aging for services to older persons; and imposing
     9     duties upon the Department of Revenue," further defining
    10     "claimant" for purposes of property tax and rent rebate claim
    11     eligibility.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 3(7) of the act of March 11, 1971
    15  (P.L.104, No.3), known as the Senior Citizens Rebate and
    16  Assistance Act, reenacted and amended December 21, 1979
    17  (P.L.570, No.131) and amended March 10, 1982 (P.L.177, No.56),
    18  is amended to read:
    19     Section 3.  Definitions.--As used in this act:
    20     * * *
    21     (7)  "Claimant" means a person who files a claim for property

     1  tax rebate or rent rebate in lieu of property taxes and
     2  inflation dividend and was [sixty-five] fifty-five years of age
     3  or over, or whose spouse (if a member of the household) was
     4  [sixty-five] fifty-five years of age or over, during a calendar
     5  year in which real property taxes, rent and inflation costs were
     6  due and payable or was a widow or widower and was fifty years of
     7  age or over during a calendar year or part thereof in which real
     8  property taxes, rent and inflation costs were due and payable,
     9  or was a permanently disabled person eighteen years of age or
    10  over during a calendar year or part thereof in which real
    11  property taxes, rent and inflation costs were due and payable.
    12  For the purposes of this act the term "widow" or "widower" shall
    13  mean the surviving wife or the surviving husband, as the case
    14  may be, of a deceased individual and who has not remarried
    15  except as provided in subsection (c) and (d) of section 4 of
    16  this act. For the purposes of this act the term "permanently
    17  disabled person" shall mean a person who is unable to engage in
    18  any substantial gainful activity by reason of any medically
    19  determinable physical or mental impairment which can be expected
    20  to continue indefinitely, except as provided in subsection (c)
    21  and (d) of section 4 of this act.
    22     * * *
    23     Section 2.  Section 6 of the act is amended to read:
    24     Section 6.  Proof of Claim.--Each claim shall include
    25  reasonable proof of household income, the size and nature of the
    26  property claimed as a homestead and the rent or tax receipt, or
    27  other proof that the real property taxes on the homestead have
    28  been paid, or rent in connection with the occupancy of a
    29  homestead has been paid. If the claimant is a widow, or widower,
    30  a declaration of such status in such manner as prescribed by the
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     1  Secretary of Revenue shall be included. Proof that a claimant is
     2  eligible to receive disability benefits under the Federal Social
     3  Security Act shall constitute proof of disability under this
     4  act. No person who has been found not to be disabled by the
     5  social security administration shall be granted a rebate or
     6  dividend under this act. A claimant not covered under the
     7  Federal Social Security Act shall be examined by a physician
     8  designated by the department and such status determined using
     9  the same standards used by the social security administration.
    10  It shall not be necessary that such taxes or rent were paid
    11  directly by the claimant: Provided, That the rent or taxes have
    12  been paid when the claim is filed. The first claim filed shall
    13  include proof that the claimant or his spouse was age [sixty-
    14  five] fifty-five or over or fifty years or over in the case of a
    15  widow, or widower, during the calendar year in which real
    16  property taxes or rent were due and payable.
    17     Section 3.  This act shall take effect in 60 days.









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