SENATE AMENDED
PRIOR PRINTER'S NOS. 1330, 1522, 2247 PRINTER'S NO. 2342
No. 1153 Session of 1975
INTRODUCED BY MESSRS. BARBER, ROSS, JOHNSON, VANN, MRS. KELLY,
MR. OLIVER, MRS. TOLL, MESSRS. GIAMMARCO, HAMMOCK AND
RICHARDSON, APRIL 29, 1975
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, OCTOBER 14, 1975
AN ACT
1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2 act to consolidate, editorially revise, and codify the public
3 welfare laws of the Commonwealth," further providing for
4 eligibility for assistance.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 432, act of June 13, 1967 (P.L.31,
8 No.21), known as the "Public Welfare Code," amended December 12,
9 1973 (No.143), is amended to read:
10 [Section 432. Eligibility.--Except as hereinafter otherwise
11 provided, and subject to the rules, regulations, and standards
12 established by the department, both as to eligibility for
13 assistance and as to its nature and extent, needy persons of the
14 classes defined in clauses (1), (1.1) and (2) of this section
15 shall be eligible for assistance:
16 (1) Persons for whose assistance Federal financial
17 participation is available to the Commonwealth as aid to
18 families with dependent children or as other assistance, and
1 which assistance is not precluded by other provisions of law.
2 (1.1) Persons eligible for State supplemental assistance.
3 (2) Other persons who are citizens of the United States, or
4 legally admitted aliens.
5 (2.1) State supplemental assistance shall be granted to
6 persons who receive supplemental security income for the aged,
7 blind and disabled pursuant to Title XVI of the Federal Social
8 Security Act in such amounts as are determined by the department
9 with the approval of the Governor. In establishing these amounts
10 the department shall consider the funds certified by the Budget
11 Secretary as available for State supplemental assistance,
12 pertinent Federal legislation and regulation, the cost of living
13 and the number of persons who may be eligible. After the initial
14 levels of payment have been determined by the department with
15 the approval of the Governor, the levels of payment shall not be
16 increased without the approval of the General Assembly in
17 accordance with the procedure established by the act of April 7,
18 1955 (P.L.23, No.8), known as the "Reorganization Act of 1955,"
19 and a message to the General Assembly from the Governor for the
20 purposes of executing such function shall be transmitted as in
21 other cases under the Reorganization Act.
22 (3) Assistance shall not be granted (i) to or in behalf of
23 any person who disposed of his real or personal property, of the
24 value of five hundred dollars ($500), or more, without fair
25 consideration, within two years immediately preceding the date
26 of application for assistance unless he is eligible for State
27 supplemental assistance; or (ii) to an inmate of a public
28 institution.
29 (6) Assistance may be granted only to or in behalf of a
30 resident of Pennsylvania. Needy persons who do not meet the
19750H1153B2342 - 2 -
1 residence requirements stated in this clause and who are
2 transients or without residence in any state, may be granted
3 assistance up to seven days in the form of vendor payments, all
4 in accordance with rules, regulations, and standards established
5 by the department.]
6 Section 432. Eligibility.--Except as hereinafter otherwise
7 provided, and subject to the rules, regulations, and standards
8 established by the department, both as to eligibility for
9 assistance and as to its nature and extent, needy persons of the
10 classes defined in clauses (1), (2), (2)(i) and (2)(ii) shall be
11 eligible for assistance:
12 (1) Persons for whose assistance Federal financial
13 participation is available to the Commonwealth as aid to
14 families with dependent children or as other assistance, and
15 which assistance is not precluded by other provisions of law.
16 (2) Persons who are eligible for State supplemental
17 assistance.
18 (i) State supplemental assistance shall be granted to
19 persons who receive Federal supplemental security income for the
20 aged, blind and disabled pursuant to Title XVI of the Federal
21 Social Security Act.
22 (ii) State supplemental assistance shall also be granted to
23 persons who are aged, blind and disabled, as defined in Title
24 XVI of the Federal Social Security Act, and whose income,
25 pursuant to the standards and income disregards of Title XVI of
26 the Social Security Act, is less than the combined income of the
27 Federal payments under the supplemental security income program
28 and the State supplemental assistance payments established
29 pursuant to the provisions of this act.
30 (iii) In establishing the amounts of the State supplemental
19750H1153B2342 - 3 -
1 assistance, the department shall consider THE FUNDS CERTIFIED BY <--
2 THE BUDGET SECRETARY AS AVAILABLE FOR STATE SUPPLEMENTAL
3 ASSISTANCE, pertinent Federal legislation and regulation, the
4 cost-of-living and the number of persons who may be eligible.
5 (iv) Beneficiaries of State supplemental assistance shall be
6 eligible for cash State financial assistance to cover the cost
7 of special needs. including but not limited to change of <--
8 residence for purposes of health, safety or eviction, or other
9 emergencies. AS DEFINED BY STATUTE AND REGULATIONS PROMULGATED <--
10 UNDER THIS ACT.
11 (v) After the amounts of assistance payments have been
12 determined by the department with the approval of the Governor
13 and General Assembly, the amounts of assistance payments shall
14 not be reduced as a consequence of benefit increases, including
15 but not limited to cost-of-living increases, provided through
16 Federal legislation.
17 (vi) After the amounts of assistance payments have been
18 determined by the department with the approval of the Governor
19 and General Assembly, the amounts of assistance payments shall
20 not be increased without the approval of the General Assembly in
21 accordance with the procedure established by the act of April 7,
22 1955 (P.L.23, No. 8), known as the "Reorganization Act of 1955,"
23 and a message to the General Assembly from the Governor for the
24 purposes of executing such function shall be transmitted as in
25 other cases under the Reorganization Act.
26 (3) Other persons who are citizens of the United States, or
27 legally admitted aliens.
28 (4) Assistance shall not be granted (i) to or in behalf of
29 any person who disposed of his real or personal property, of the
30 value of five hundred dollars ($500), or more, without fair
19750H1153B2342 - 4 -
1 consideration, within two years immediately preceding the date
2 of application for assistance unless he is eligible for State
3 supplemental assistance; or (ii) to an inmate of a public
4 institution.
5 (5) Assistance may be granted only to or in behalf of a
6 resident of Pennsylvania. Needy persons who do not meet the
7 residence requirements stated in this clause and who are
8 transients or without residence in any state, may be granted
9 assistance up to seven days in the form of vendor payments, all
10 in accordance with rules, regulations, and standards established
11 by the department.
12 SECTION 2. THIS ACT SHALL TAKE EFFECT APRIL 1, 1976. <--
D3L63CVV/19750H1153B2342 - 5 -