PRINTER'S NO. 2763
No. 2174 Session of 1980
INTRODUCED BY FREIND, RYAN, SALVATORE, DURHAM, GANNON, ARTY,
MICOZZIE, KLINGAMAN, SPITZ, ALDEN, COSLETT, E. Z. TAYLOR,
HONAMAN AND PUNT, JANUARY 23, 1980
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, JANUARY 23, 1980
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," providing for the
4 automatic assignment of support rights to the Department of
5 Public Welfare, by operation of law.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 432.6, act of June 13, 1967 (P.L.31,
9 No.21), known as the "Public Welfare Code," is amended by adding
10 a subsection to read:
11 Section 432.6. Support From Legally Responsible Relatives.--
12 * * *
13 (e) Acceptance of public assistance shall operate as an
14 assignment to the department, by operation of law, of the
15 assistance recipient's rights to receive support, on his or her
16 own behalf and on behalf of any family member with respect to
17 whom the recipient is receiving public assistance. Such
18 assignment shall be effective only up to the amount of public
19 assistance received. The assignment shall take effect at the
1 time that the recipient is determined to be eligible for public
2 assistance. Upon termination of public assistance payments, the
3 assignment of support rights shall terminate, provided that any
4 amount of unpaid support obligations shall continue as an
5 obligation to the department, to the extent of any unreimbursed
6 assistance. Immediately upon receipt of notification from the
7 department that a recipient has been determined to be eligible
8 for public assistance, the clerks of the appropriate courts of
9 the Commonwealth shall transmit any and all support payments
10 that they thereafter receive on behalf of such public assistance
11 recipients to the department. Such clerks shall continue
12 transmitting such support payments until notified by the
13 department that it is no longer necessary to do so. While the
14 recipient is receiving public assistance, any such support
15 payments made to or on behalf of the public assistance recipient
16 shall be allocated first to any amount due the department as
17 assignee of the recipient's support rights. The public
18 assistance recipient shall be deemed to have appointed the
19 department as his or her attorney in fact to endorse over to the
20 department any and all drafts, checks, money orders, or other
21 negotiable instruments submitted for payment of support due
22 during the time the recipient is receiving public assistance on
23 behalf of himself, herself, or any family member.
24 Section 2. This act shall take effect in 60 days.
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