SENATE AMENDED
PRIOR PRINTER'S NOS. 769, 1019, 1438, PRINTER'S NO. 2463
2293, 2414, 2453
No. 720 Session of 1981
INTRODUCED BY PUNT, GLADECK, E. Z. TAYLOR, KLINGAMAN, COCHRAN,
LASHINGER, GAMBLE, BROWN, DUFFY, BURD, GEIST, JOHNSON, PRATT,
STEVENS, MORRIS, TRELLO, CLARK, F. E. TAYLOR, COLE, GEORGE,
SIRIANNI, BOWSER, HAYES, PITTS, BRANDT, A. C. FOSTER, JR.,
McCLATCHY, GRIECO, HONAMAN, NOYE, MANMILLER, CORNELL, MERRY,
ALDEN, LEHR, DeVERTER, ARTY, POTT, PERZEL, WENGER, ARMSTRONG,
SIEMINSKI, McVERRY, LEVI, DIETZ, SALVATORE, COSLETT,
PETERSON, FREIND, MACKOWSKI, W. W. FOSTER, WASS, E. H. SMITH,
DORR, CESSAR, PICCOLA, GRUPPO, SPITZ, CIMINI, DAVIES,
MOEHLMANN, VROON, ANDERSON, MADIGAN, PHILLIPS, SERAFINI,
BELARDI, LEWIS, FISCHER, NAHILL, BITTLE, B. SMITH, SWIFT,
RASCO, FRAZIER, MARMION, CLYMER, KANUCK, JACKSON, BOYES,
HEISER, FLECK, STAIRS, KENNEDY, GANNON, WILSON, HAGARTY,
RYAN, ROCKS, GALLEN, SNYDER, DAIKELER, CUNNINGHAM, OLASZ,
FRYER, GREENWOOD AND WOGAN, MARCH 9, 1981
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 27, 1981
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 the
4 authority of the department as to investigation and
5 enforcement and changing certain penalties; providing for the
6 maintenance of services of certain State institutions;
7 requiring all checks for assistance to contain the recipient
8 social security number; changing clauses relating to
9 exclusions from requirements of registration for employment,
10 training and manpower; limiting general assistance to
11 chronically needy persons and transitionally needy persons;
12 providing for rental payments to housing authorities in
13 certain cases; prohibiting and releasing certain liens on
14 real property; requiring verification of residency;
15 prohibiting the payment of moving expenses; further providing
16 for annual quality control reviews relating to the
17 administration of assistance, for child support eligibility,
18 for continuing eligibility for general assistance and the
19 verification thereof, for procedures relating to the
1 cooperation of caretaker relatives, for access to certain
2 records, for the use of funds saved and for certain
3 expenditures; providing for certain employment incentive
4 payments as tax credits; and authorizing a priority
5 employment services program; an employment opportunities
6 incentive program and further providing for payments to
7 pharmacy providers.
8 AMENDING THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), ENTITLED "AN <--
9 ACT TO CONSOLIDATE, EDITORIALLY REVISE, AND CODIFY THE PUBLIC
10 WELFARE LAWS OF THE COMMONWEALTH," FURTHER PROVIDING FOR THE
11 EXPEDITED IMPLEMENTATION OF REGULATIONS GOVERNING FEDERALLY
12 SUBSIDIZED PROGRAMS; LIMITING THE AMOUNT OF ASSISTANCE
13 GRANTED TO PERSONS UNDER AGE 21 AND TO FAMILIES CONTAINING
14 STRIKERS; REQUIRING COOPERATION WITH THE DEPARTMENT IN
15 VERIFYING ELIGIBILITY; ELIMINATING THE CONTINUATION OF PUBLIC
16 ASSISTANCE PENDING APPEAL TO COURT IN CERTAIN CASES; ALLOWING
17 ABBREVIATED HEARINGS IN CERTAIN CASES; CHANGING THE LIMITS ON
18 PROPERTY HOLDINGS; ELIMINATING THE MAXIMUM WITHHOLDING
19 EXEMPTIONS; CHANGING THE METHOD OF DETERMINING NEED;
20 PROVIDING FOR CONSIDERATION OF THE INCOME OF STEPPARENTS AND
21 OTHER INDIVIDUALS; CHANGING THE EMPLOYMENT, TRAINING AND
22 MANPOWER SERVICES EXEMPTIONS; AMENDING THE LAW REGARDING
23 RECOUPMENT OF OVERPAYMENTS AND CORRECTION OF UNDERPAYMENTS;
24 MAKING TECHNICAL CORRECTIONS; AND AUTHORIZING THE DEPARTMENT <--
25 TO CONFORM THE ASSISTANCE PROGRAM TO FEDERAL LAW SO AS TO
26 INSURE THE CONTINUED RECEIPT OF FEDERAL FUNDING FOR
27 ASSISTANCE PROGRAMS AND PROVIDING FOR THE USE OF NET SAVINGS <--
28 ARISING FROM CONFORMING STATE LAW.
29 The General Assembly of the Commonwealth of Pennsylvania
30 hereby enacts as follows:
31 Section 1. Section 201, act of June 13, 1967 (P.L.31, <--
32 No.21), known as the "Public Welfare Code," is amended by adding
33 a clause to read:
34 Section 201. State Participation in Cooperative Federal
35 Programs.--The department shall have the power:
36 * * *
37 (4) To conduct investigations of all criminal activities
38 related to fraud, misuse or theft of public assistance moneys,
39 medical assistance moneys or benefits, or Federal food stamps,
40 committed by any person who is or has been participating in or
41 administering programs of the department, or by persons who aid
42 or abet others in the commission of fraudulent acts affecting
43 welfare programs.
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1 Section 2. Section 403 of the act is amended by adding a
2 subsection to read:
3 Section 403. Uniformity in Administration of Assistance;
4 Regulations as to Assistance.--* * *
5 (e) The department shall conduct annual quality control
6 reviews of the chronically needy case load in accordance with a
7 methodology and scope determined by the department.
8 Section 3. The act is amended by adding sections to read:
9 Section 318. Notice and Public Hearing.--At least thirty
10 days prior to the department making a decision to close, sell,
11 lease or otherwise transfer the ownership or operational control
12 of any hospital or affiliated school of nursing, State mental
13 hospital, mental retardation center, or other similar
14 institution funded by the General Assembly or allows the
15 material reduction of bed complement, services or staff at an
16 institution the department shall hold a public hearing in the
17 affected area.
18 Section 319. Maintenance of Service.--The department may not
19 close, sell, lease or otherwise transfer the ownership or
20 operational control of any State General Hospital or affiliated
21 school of nursing, State mental hospital, mental retardation
22 center, or other similar institution funded by the General
23 Assembly, nor may the department materially reduce services such
24 as chaplaincy services, at State facilities or materially reduce
25 staff levels without presenting their proposal to the General
26 Assembly. Material reductions shall mean a reduction in the bed
27 complement of an institution of five percent; and a material
28 staff reduction shall mean a five percent reduction of the staff
29 complement within an institution. The proposed reduction in
30 services, staff or facilities shall be placed on the calendar of
19810H0720B2463 - 3 -
1 the House of Representatives and of the Senate. If either
2 legislative body disapproves of said action within five
3 legislative or thirty calendar days, whichever is later, then
4 such action may not take effect.
5 Section 404.1. Identification Number on Checks.--The
6 department shall place or cause to place the social security
7 number of the recipient on each check issued for assistance
8 under this article.
9 Section 4. Subsections (a) and (e) of section 405.1 of the
10 act, added July 15, 1976 (P.L.993, No.202), are amended to read:
11 Section 405.1. Pennsylvania Employables Program.--(a)
12 [Every individual, within ten days after establishing
13 eligibility for public assistance, as a condition of continuing
14 eligibility for aid to families with dependent children or
15 general assistance,] Prior to the authorization of assistance,
16 every individual shall register at the county board of
17 assistance on forms provided by the department in accordance
18 with regulations of the department for employment, training and
19 manpower services, unless such individual is:
20 (1) a child who is attending school or college or an
21 approved program of vocational training on a full-time basis or
22 who is under the age of sixteen;
23 (2) [ill or incapacitated;] physically or mentally
24 incapacitated; physical or mental incapacity shall be deemed to
25 exist when the person has a physical or mental defect, illness
26 or impairment. The incapacity shall be supported by competent
27 medical evidence. Alcohol or drug dependent persons are
28 obligated to comply with section 9(d), act of April 14, 1972
29 (P.L.221, No.63), known as the "Pennsylvania Drug and Alcohol
30 Abuse Control Act";
19810H0720B2463 - 4 -
1 [(3) so remote from a registration security office that
2 effective participation in employment and training counseling is
3 precluded;
4 (4)] (3) required to be present in the home because of
5 illness or incapacity of another member of the household;
6 [(5)] (4) the mother or other relative of a child under the
7 age of six who is caring for the child;
8 [(6)] (5) the mother or other caretaker of a child if the
9 father or another adult male relative is in the home and not
10 excluded from the requirement to register, unless such adult
11 male relative has failed to register as herein required or has
12 refused without good cause to accept employment or to
13 participate in work experience or training;
14 [(7)] (6) the mother or other caretaker of a child between
15 the ages of six and fourteen, unless there are adequate child
16 care arrangements for the child;
17 [(8)] (7) actively participating in the Federal work
18 incentive program or was certified to said program within the
19 previous six months; or
20 [(9)] (8) employed full time.
21 * * *
22 (e) The department shall, within twelve months of the
23 effective date of this act, establish a series of demonstration
24 projects which will have as their primary purpose, the obtaining
25 of bona fide employment for non-exempt assistance applicants and
26 recipients. The demonstration projects may be substituted for
27 the registration required by subsection (a). The demonstration
28 projects shall include, but not be limited to referral to
29 private employment agencies under contract with the department
30 and the establishment of an employment officer in county board
19810H0720B2463 - 5 -
1 of assistance offices. Those demonstration projects considered
2 by the department to be successful after at least a twelve-month
3 trial period may be made permanent on either a Statewide or
4 localized basis. During the trial period, a demonstration
5 project may be expanded. Every demonstration project must
6 include adequate provision for evaluation and each evaluation
7 shall include participation by members of the public. [Nothing
8 in this subsection shall be construed to permit the
9 implementation of a demonstration program which would require an
10 applicant or recipient to perform work as payment for an
11 assistance grant.]
12 The department shall establish a demonstration workfare
13 program wherein able-bodied general assistance recipients shall
14 be assigned to a department, agency or institution of the State
15 or any political subdivision thereof or any authority of a
16 nonprofit agency or organization by the county board and shall
17 be required to work such number of hours as he or she would work
18 if paid a compensation equal to the local prevailing wage. Such
19 work shall not exceed eight hours per day or forty hours per
20 week. However, no person registered under this subsection shall
21 be assigned to work if such work:
22 (1) results in any displacement of employed workers;
23 (2) results in a reduction in the number of persons in State
24 and local government, including authorities;
25 (3) is unreasonable with regard to conditions of work,
26 geographic region and proficiency of the participant; or
27 (4) is available due to labor dispute, strike or walk out.
28 The department shall extend employment services as defined in
29 this subsection to all general assistance recipients in all
30 counties.
19810H0720B2463 - 6 -
1 * * *
2 Section 5. The act is amended by adding a section to read:
3 Section 405.2. Pennsylvania Workfare Program.--(a) In the
4 event an able-bodied recipient of general assistance does not
5 otherwise gain employment, it is the intent of the General
6 Assembly to establish a workfare program whereby able-bodied
7 recipients of general assistance shall provide public service in
8 exchange for their publicly funded cash grants.
9 (b) In addition to the Pennsylvania Employables Program, the
10 department shall establish workfare programs in all counties of
11 the Commonwealth.
12 (c) The department shall enter into cooperative agreements
13 with any department, agency or institution of the State or any
14 political subdivision thereof, to provide able-bodied general
15 assistance recipients with workfare opportunities.
16 (d) Able-bodied general assistance recipients shall be
17 assigned by the department to perform public service and shall
18 be required to work such number of hours as he or she would work
19 if paid a compensation equal to the local minimum wage. Such
20 work shall not exceed eight hours per day or forty hours per
21 week. Individuals who fail to participate in an assigned
22 workfare project in accordance with rules and regulations
23 promulgated by the department, shall be terminated from
24 assistance pursuant to section 432.3.
25 (e) Workfare employes shall not be used to displace employed
26 workers, be assigned more than twenty-five miles from his or her
27 residence unless the department determines that a greater
28 distance is not a hardship, or be employed due to a labor
29 dispute, strike or lockout.
30 (f) Legislative Oversight.--The department shall propose
19810H0720B2463 - 7 -
1 initial rules and regulations regarding workfare not later than
2 thirty days prior to the effective date of this amendatory act.
3 Neither initial rules or regulations nor any promulgated
4 thereafter with regard to this section shall take effect without
5 the approval of the General Assembly. Such proposals for rules
6 and regulations shall be submitted to, and approved or
7 disapproved by, the Senate and the House of Representatives in
8 the same manner as provided for the consideration of
9 reorganization plans provided for by the act of April 7, 1955
10 (P.L.23, No.8), known as the "Reorganization Act of 1955." In
11 the event that the General Assembly disapproves the proposed
12 rules and regulations, then the department shall resubmit new
13 rules and regulations within thirty days.
14 (g) Sunset.--This section shall expire June 30, 1984 unless
15 the General Assembly extends its existence prior to April 1,
16 1984.
17 Section 6. Section 408 of the act is amended to read:
18 Section 408. Meeting Special Needs; Encouraging Self-Support
19 and Employment.--[(a)] The department shall have the duty to
20 take measures not inconsistent with the purposes of this
21 article; and when other funds or facilities for such purposes
22 are inadequate or unavailable to provide for special needs of
23 individuals eligible for assistance; to relieve suffering and
24 distress arising from handicaps and infirmities; to promote
25 their rehabilitation; to help them if possible to become self-
26 dependent; and, to cooperate to the fullest extent with other
27 public agencies empowered by law to provide vocational training,
28 rehabilitative or similar services.
29 [(b) The department shall encourage employable recipients of
30 assistance to accept full or part-time employment by providing
19810H0720B2463 - 8 -
1 that such recipients will again be granted assistance upon
2 termination of such employment if they are in need thereof.]
3 Section 7. The act is amended by adding sections to read:
4 Section 408.1. Rental Payments to Housing Authorities.--If
5 upon the petition of any housing authority created under the
6 laws of this Commonwealth and after a hearing, the county board
7 finds that a tenant of a housing project of the housing
8 authority who is a recipient of public assistance owes the
9 authority rent, in an amount equal to or greater than three
10 monthly rental payments, then the board shall notify the
11 department to deduct an amount equal to one and one-third
12 monthly rental payments from each monthly assistance payment and
13 pay the amounts deducted to the housing authority until such
14 time as all the rent owed is paid. The department shall make the
15 deductions required by this section to the fullest extent not
16 inconsistent with Federal statute or regulation and shall make
17 every effort to obtain a waiver of any inconsistent Federal
18 requirement.
19 Section 414. Real Property Liens Prohibited.--(a) No lien
20 may be imposed against the real property of any individual or of
21 his spouse on account of assistance paid or to be paid on his
22 behalf (except pursuant to the judgment of a court on account of
23 benefits incorrectly paid on behalf of such individual), and
24 there shall be no adjustment or recovery from such individual's
25 estate or from the estate of his spouse of any assistance
26 correctly paid on behalf of such individual.
27 (b) On and after the effective date of this section, all
28 real property subject to liens prohibited by this section is
29 released from the lien and the department shall take the
30 necessary steps to properly record the release of such liens.
19810H0720B2463 - 9 -
1 Section 8. Section 423 of the act, repealed in part April
2 28, 1978 (P.L.202, No.53), is amended to read:
3 Section 423. Hearing Appeals of Recipients.--(a) Each
4 county board shall hear and determine appeals from actions of
5 its employes affecting the rights of those applying for or
6 receiving assistance. Any person applying for or receiving
7 assistance of any type covered by the public assistance
8 provisions of the Federal Social Security Act, may appeal to the
9 department from any decision of the county board, refusing or
10 discontinuing his assistance, in whole or in part. In every such
11 appeal, an opportunity for a fair hearing shall be granted, and
12 the decision of the department on such appeal shall be final,
13 except as otherwise hereinafter provided. All such appeals shall
14 be in accordance with rules and regulations established by the
15 department. [All appeals from the county board to the department
16 or from the department or county board to the court, shall
17 operate as a supersedeas of any order of the county board or
18 department in all cases where the appellant is already receiving
19 assistance.]
20 (b) Notwithstanding anything to the contrary in Title 2 of
21 the Pennsylvania Consolidated Statutes (relating to
22 administrative law and procedure), the department may make an
23 adjudication solely on the basis of written submissions if the
24 sole question presented by the appellant is one of State or
25 Federal law.
26 Section 9. The introductory paragraph and clause (3) of
27 section 432 of the act, amended April 1, 1976 (P.L.64, No.28),
28 are amended and a clause is added to read:
29 Section 432. Eligibility.--Except as hereinafter otherwise
30 provided, and subject to the rules, regulations, and standards
19810H0720B2463 - 10 -
1 established by the department, both as to eligibility for
2 assistance and as to its nature and extent, needy persons of the
3 classes defined in clauses (1), (2), [(2)(i) and (2)(ii)] and
4 (3) shall be eligible for assistance:
5 * * *
6 (3) Other persons who are citizens of the United States, or
7 legally admitted aliens and who are chronically needy or
8 transitionally needy persons.
9 (i) Chronically needy persons are those persons chronically
10 in need who may be eligible for an indeterminate period as a
11 result of medical, social or related circumstances and shall be
12 limited to:
13 (A) A child who is under age eighteen, or who is under
14 twenty-two and attending high school or an approved program of
15 vocational training on a full-time basis.
16 (B) A person who is over forty-five years of age.
17 (C) A person who has a serious physical or mental handicap
18 which prevents him or her from working in any substantial
19 gainful activity as determined in accordance with standards
20 established by the department. The department may require that
21 documentation of disability be submitted from a physician or
22 psychologist. The department may also order at the department's
23 expense a person to submit to an independent examination as a
24 condition of receiving assistance under this paragraph. The
25 department shall determine eligibility within thirty days from
26 the date of application. Persons discharged from mental
27 institutions shall be classified as chronically needy in
28 accordance with department regulations.
29 (D) A person who is a caretaker. This category of persons
30 shall include (i) one parent or other caretaker of a child under
19810H0720B2463 - 11 -
1 the age of fourteen and (ii) persons whose presence is required
2 in the home to care for another person as determined in
3 accordance with department regulations.
4 (E) A person suffering from drug or alcohol abuse who is
5 currently undergoing active treatment in an approved program.
6 (F) A person who is employed full time and who does not have
7 earnings in excess of current grant levels.
8 (G) Any person who is ineligible for Unemployment
9 Compensation and whose income falls below the assistance
10 allowance level as a result of a natural disaster as determined
11 by the department.
12 (H) Any person who does not qualify as chronically needy
13 under other provisions of this act, who has served at least one
14 year on a sentence of imprisonment, and has been transferred to
15 a pre-release facility, released on parole, or released at the
16 expiration of the maximum sentence not more than sixty days
17 before applying for assistance. Such persons shall only be
18 considered as chronically needy under this provision for a
19 maximum of three months following release from imprisonment, and
20 must comply with section 405.1.
21 (I) Any person who has previously been employed full time
22 for a period of five years or more and has exhausted their
23 unemployment compensation benefits.
24 (J) Any person who does not otherwise qualify as chronically
25 needy, and who is receiving general assistance on the date this
26 section is enacted into law and who has not refused a bona fide
27 job offer or otherwise failed to comply with all employment
28 requirements of this act and regulations promulgated thereunder.
29 Such person must comply with all employment requirements of this
30 act and regulations promulgated thereunder. If after the date
19810H0720B2463 - 12 -
1 this section is enacted into law a person's general assistance
2 grants are terminated, then that person may not subsequently
3 qualify for general assistance under this paragraph, except when
4 such person has been terminated from employment through no fault
5 of his own and has not met the minimum credit week
6 qualifications of the act of December 5, 1936 (2nd Sp.Sess.,
7 1937 P.L.2897, No.1), known as the "Unemployment Compensation
8 Law." If it is determined that the classification of persons
9 according to their status on the date of enactment as provided
10 in this paragraph is invalid, then the remainder of this act
11 shall be given full force and effect as if this paragraph had
12 been omitted from this act, and individuals defined in this
13 paragraph shall be considered transitionally needy if otherwise
14 eligible. No person shall qualify for general assistance under
15 this paragraph after July 1, 1983.
16 (ii) Assistance for chronically needy persons shall continue
17 as long as the person remains eligible. Redeterminations shall
18 be conducted on at least an annual basis and persons capable of
19 work, even though otherwise eligible for assistance to the
20 chronically needy, would be required to register for employment
21 and accept employment if offered as a condition of eligibility
22 except as otherwise exempt under section 405.1.
23 (iii) Transitionally needy persons are those persons who are
24 otherwise eligible for general assistance but do not qualify as
25 chronically needy. Assistance for transitionally needy persons
26 shall be authorized in the form of a single grant not to exceed
27 the amount of one hundred twenty days assistance in any twelve-
28 month period.
29 * * *
30 (6) No person shall be denied general assistance under this
19810H0720B2463 - 13 -
1 act in any county where the department as required under section
2 405.2 fails to establish a Workfare Program, or if such program
3 is established, the Commonwealth or a political subdivision
4 thereof, fails to offer such person or persons service in such a
5 program.
6 Section 10. Sections 432.3 and 432.4, subsection (c) of
7 section 432.5, subsection (a) of section 432.6 and clause (4) of
8 subsection (a) and subsection (b) of section 432.7 of the act,
9 added July 15, 1976 (P.L.993, No.202), are amended and section
10 432.6 is amended by adding a subsection to read:
11 Section 432.3. Voluntary Termination of Employment.--A
12 person who is not in a class of persons excluded from mandatory
13 participation in the Pennsylvania employables program and who
14 without good cause: (i) voluntarily terminates employment or
15 reduces his earning capacity [for the purpose of qualifying for
16 assistance or a larger amount thereof; or]; (ii) fails to apply
17 for work at such time and in such manner as the department may
18 prescribe; or (iii) fails or refuses to accept referral to and
19 participate in a vocational rehabilitation or training program,
20 including the work incentive program, or refuses to accept
21 referral to and work in employment in which he is able to
22 engage, provided such employment conforms to the standards
23 established for a bona fide offer of employment in the
24 Pennsylvania employables program, shall be disqualified from
25 receiving assistance for [thirty days thereafter and] sixty days
26 for the first violation and thereafter until such time as he is
27 willing to comply with the requirements of section 405.1. For
28 the second violation and for each subsequent violations the
29 disqualification period shall be one hundred twenty days. The
30 disqualification period shall commence on the date the
19810H0720B2463 - 14 -
1 department's order imposing the disqualification is final.
2 Section 432.4. Identification and Proof of Residence.--All
3 persons applying for assistance shall provide acceptable
4 identification and proof of residence; the department shall by
5 regulations specify what constitutes acceptable identification
6 and proof of residence. A person shall be deemed to be a
7 resident when he or she documents his or her residency and that
8 residency is verified by the department. Verification shall
9 include but is not limited to the production of rent receipts,
10 mortgage payment receipts, utility receipts, bank accounts
11 and/or enrollment of children in local schools.
12 For the purpose of determining eligibility for assistance,
13 the continued absence of a recipient from the Commonwealth for a
14 period of sixty days or longer shall be prima facie evidence of
15 the intent of the recipient to have changed his residence to a
16 place outside the Commonwealth. The department shall make
17 inquiry from all recipients who have been continuously absent
18 for a period of thirty days to determine whether or not it is
19 their intent to remain residents of the Commonwealth or to
20 become residents elsewhere, and shall redetermine the residence
21 of such persons. In any case in which such inquiry does not
22 establish that the recipient remains a resident of the
23 Commonwealth, his aid shall be terminated after providing timely
24 and adequate notice of such intended action.
25 If a recipient is prevented by illness or other good cause
26 from returning to the Commonwealth at the end of sixty days, and
27 has not acted to establish residence elsewhere, he shall not be
28 deemed to have lost his residence in the Commonwealth.
29 When a recipient of aid to families with dependent children
30 or general assistance is absent from the United States for a
19810H0720B2463 - 15 -
1 period in excess of thirty days, his aid shall thereafter be
2 suspended whenever need cannot be determined for the ensuing
3 period of his absence.
4 [It is not the intent of the General Assembly, however, in
5 enacting this section to create any durational residence
6 requirement.]
7 Section 432.5. Limits on Property Holdings.--* * *
8 (c) Personal property in excess of a combined amount of two
9 hundred fifty dollars ($250) for the first person in the
10 assistance unit and one hundred dollars ($100) for each
11 additional person in the assistance unit shall be considered an
12 available resource except as follows:
13 (1) Wedding and engagement rings, family heirlooms, clothing
14 and children's toys.
15 (2) Household furnishings, personal effects and other items
16 used to provide, equip, and maintain a household for the
17 applicant and recipient.
18 (3) Equipment and material which are necessary to implement
19 employment, rehabilitation, or self care plan for the applicant
20 or recipient.
21 (4) [Motor vehicles.] One motor vehicle.
22 (5) Savings of school children up to two thousand dollars
23 ($2,000) for each child.
24 (6) Retroactive assistance payments received as a result of
25 a prehearing conference or a fair hearing decision.
26 (7) Life insurance with a cash value not in excess of [one
27 thousand dollars ($1,000).] two thousand dollars ($2,000).
28 * * *
29 Section 432.6. Support From Legally Responsible Relatives.--
30 (a) Every applicant for assistance whose eligibility is based
19810H0720B2463 - 16 -
1 on deprivation due to absence of a parent from a home shall be
2 referred within ten days for interview to the [designated
3 support official of the department who shall be stationed in
4 local welfare offices, unless such offices have too few
5 applicants to warrant permanent stationing] domestic relations
6 section or other applicable division of the court of common
7 pleas. The department shall be responsible for taking all steps
8 necessary to identify, locate, and obtain support payments from
9 absent parents.
10 * * *
11 (e) Acceptance of public assistance shall operate as an
12 assignment to the department, by operation of law, of the
13 assistance recipient's rights to receive support, on his or her
14 own behalf and on behalf of any family member with respect to
15 whom the recipient is receiving public assistance. Such
16 assignment shall be effective only up to the amount of public
17 assistance received. The assignment shall take effect at the
18 time that the recipient is determined to be eligible for public
19 assistance. Upon termination of public assistance payments, the
20 assignment of support rights shall terminate, provided that any
21 amount of unpaid support obligations shall continue as an
22 obligation to the department, to the extent of any unreimbursed
23 assistance. Immediately upon receipt of notification from the
24 department that a recipient has been determined to be eligible
25 for public assistance, the clerks of the appropriate courts of
26 the Commonwealth shall transmit any and all support payments
27 that they thereafter receive on behalf of such public assistance
28 recipients to the department. Such clerks shall continue
29 transmitting such support payments until notified by the
30 department that it is no longer necessary to do so. While the
19810H0720B2463 - 17 -
1 recipient is receiving public assistance, any such support
2 payments made to or on behalf of the public assistance recipient
3 shall be allocated first to any amount due the department as
4 assignee of the recipient's support rights. The public
5 assistance recipient shall be deemed to have appointed the
6 department as his or her attorney in fact to endorse over to the
7 department any and all drafts, checks, money orders, or other
8 negotiable instruments submitted for payment of support due
9 during the time the recipient is receiving public assistance on
10 behalf of himself, herself, or any family member.
11 Section 432.7. Determination of Paternity and Enforcement of
12 Support Obligations.--In accordance with a child support plan
13 approved by the Federal Government, the department shall have
14 the power and its duty shall be to:
15 (a) Require as a condition of eligibility for assistance
16 that the applicant or recipient:
17 * * *
18 (4) Cooperate in obtaining support payments for such
19 applicant or recipient and for a child with respect to whom such
20 aid is claimed or in obtaining any other payment or property due
21 such applicant, recipient or such child, except when such
22 cooperation would not be in the best interest of the child in
23 accordance with standards developed by the department consistent
24 with Federal regulations. "Cooperation" includes, but is not
25 limited to, the keeping of scheduled appointments with
26 applicable offices and appearing as a witness in court or at
27 other hearings or proceedings necessary to obtain support from
28 the absent parent.
29 (b) Provide for protective payments [for any child eligible
30 for assistance when a caretaker relative is ineligible due to
19810H0720B2463 - 18 -
1 the caretaker relative's failure to comply with either clause
2 (2), (3) or (4) of subsection (a)] as set forth in section
3 432.7A.
4 * * *
5 Section 11. The act is amended by adding a section to read:
6 Section 432.7A. Protective Payments Imposed for Failure to
7 Cooperate.--(a) It is essential to the effective and
8 responsible utilization of assistance funds that applicants and
9 recipients who are caretaker relatives of a child whose
10 eligibility for assistance is based on deprivation due to
11 absence of a parent from a home, cooperate fully with the
12 department in securing child support payments from the absent
13 parent and in all other matters set forth in subsection (a) of
14 section 432.7.
15 (b) (1) Upon application for assistance, each caretaker
16 relative shall be notified that his or her cooperation in the
17 matters set forth in subsection (a) of section 432.7 shall be
18 required as a condition of eligibility and that failure to
19 cooperate will result in the imposition of protective payments
20 for any child in whose behalf the caretaker relative seeks
21 assistance.
22 (2) If a caretaker relative fails to cooperate with the
23 department as set forth in subsection (a) of section 432.7,
24 unless the failure to cooperate was for good cause, the
25 department shall notify the caretaker relative verbally and in
26 writing that cooperation shall be required as a condition for
27 continuing eligibility and shall further inform the caretaker
28 relative that if he or she fails to cooperate protective
29 payments will be imposed.
30 (3) If the caretaker relative fails to cooperate, unless the
19810H0720B2463 - 19 -
1 failure to cooperate was for good cause, the department shall
2 notify the caretaker relative in writing that protective
3 payments will be imposed for any child so affected ten days
4 after the date of notice. At the expiration of the ten-day
5 period, the department shall impose protective payments.
6 Section 12. Subsection (b) of section 432.9, subsection (a)
7 of section 432.11 and section 432.15 of the act, added July 15,
8 1976 (P.L.993, No.202), are amended to read:
9 Section 432.9. Central Registry.--* * *
10 (b) To effectuate the purposes of this section, the
11 department may request and shall receive from all departments,
12 bureaus, boards or other agencies of this Commonwealth, or any
13 of its political subdivisions, and the same are authorized to
14 provide, such assistance and data [except tax records] as will
15 enable the department and other public agencies to carry out
16 their duties to locate absent parents for the support of their
17 children. The data to be provided from tax records shall be
18 limited, to full name, residence or address, name and address of
19 employer and the social security account number of the absent
20 parent. The department shall utilize the "parent locator
21 service" pursuant to establishment in the Department of Health,
22 Education and Welfare by filing in accordance with section
23 653(b) of the Social Security Act.
24 * * *
25 Section 432.11. Access to State Records.--(a) The secretary
26 or his designees in writing shall have access to all records
27 [other than tax records], and the department, in cooperation
28 with all other departments of the executive branch, shall
29 establish a single uniform system of information clearance and
30 retrieval. Information collected as a result of the use of tax
19810H0720B2463 - 20 -
1 records shall be limited to full name, residence or address,
2 name and address of employer and the social security account
3 number of the absent parent.
4 * * *
5 Section 432.15. Quarterly Earnings Determination.--The
6 department shall transmit to the [Bureau] Office of Employment
7 Security the social security number of all persons over sixteen
8 years of age who receive assistance during the second prior
9 quarter. The [Bureau] Office of Employment Security shall
10 determine the amount of wages reported by employers for the
11 amount of unemployment compensation insurance benefits which
12 have been paid during the second and third prior quarters to
13 persons with those social security numbers and shall return such
14 information, [including zero wage reports] excluding zero wage
15 reports, to the department. The department shall compare such
16 wage reports with earnings reported by recipients, take prompt
17 action to resolve discrepancies, and shall refer promptly for
18 investigation any cases of suspected fraud.
19 Section 13. The act is amended by adding sections to read:
20 Section 432.19. Verification of Eligibility.--The department
21 may issue regulations requiring that certain conditions of
22 eligibility for assistance be verified prior to authorization of
23 assistance or during a redetermination of a recipient's
24 eligibility. Initial authorization of assistance shall not be
25 delayed more than fifteen days after application for purposes of
26 verification of eligibility if the applicant has cooperated in
27 the verification attempt. Except when prohibited by Federal law,
28 it shall be a condition of eligibility for assistance that an
29 applicant or recipient consent to the disclosure of information
30 about the age, residence, citizenship, employment, applications
19810H0720B2463 - 21 -
1 for employment, income and resources of the applicant or
2 recipient which is in the possession of third parties. Such
3 consent shall be effective to empower any third party to release
4 information requested by the department. Except in cases of
5 suspected fraud, the department shall attempt to notify the
6 applicant or recipient prior to contacting a third party for
7 information about that applicant or recipient.
8 Section 432.20. Prohibition on Grant or Assistance for
9 Moving Costs.--The department shall not provide in any manner
10 specific grants or assistance to any person to pay for or offset
11 the cost of such person's moving expenses.
12 Section 14. Section 442.1 of the act, added July 31, 1968
13 (P.L.904, No.273), is amended to read:
14 Section 442.1. The Medically Needy; Determination of
15 Eligibility.--A person shall be considered medically needy if
16 he:
17 (1) Resides in Pennsylvania, regardless of the duration of
18 his residence or his absence therefrom; and
19 (2) Meets the standards of financial eligibility established
20 by the department with the approval of the Governor. In
21 establishing these standards the department shall take into
22 account (i) the funds certified by the Budget Secretary as
23 available for medical assistance for the medically needy; (ii)
24 pertinent Federal legislation and regulations; and (iii) the
25 cost of living. Transitionally needy persons who are not
26 eligible for cash assistance by reason of section 432(3)(iii)
27 shall be considered medically needy.
28 Section 15. Subsection (e) of section 443.6 of the act,
29 added September 26, 1978 (P.L.769, No.146), is amended to read:
30 Section 443.6. Reimbursement for Certain Medical Assistance
19810H0720B2463 - 22 -
1 Items and Services.--
2 * * *
3 (e) The department shall promulgate regulations to implement
4 this section and shall establish a procedure for prior
5 authorization. Such regulations may establish procedures for
6 issuing prior authorization at whatever administrative level the
7 department through the secretary deems appropriate.
8 Appropriateness shall be determined by the secretary after
9 hearings have been held and public input is received. Procedures
10 adopted in accordance with this section shall provide
11 authorization when appropriate, without undue delay. When no
12 decision is made on a request to the department for covered
13 services within twenty-one days of the date that the request is
14 received by the department, the authorization shall be deemed
15 approved. The department shall keep a record of those cases in
16 which no decision is made within twenty-one days.
17 Section 16. The act is amended by adding sections to read:
18 Section 475. Use of Savings.--(a) The department shall
19 determine the base year expenditures for general assistance for
20 the purpose of this section by multiplying the total cost of
21 general assistance cash grants for the months of January,
22 February and March of 1981 by four. The department shall
23 determine the first year expenditures for general assistance for
24 the purpose of this section by multiplying the total cost of
25 general assistance cash grants for the months of January,
26 February and March of 1982 by four. The department shall
27 determine the second year expenditures for general assistance
28 for the purpose of this section by multiplying the total cost of
29 general assistance cash grants for the months of January,
30 February and March of 1983 by four.
19810H0720B2463 - 23 -
1 (b) The department shall establish the first year savings
2 for the purpose of this section by subtracting the first year
3 general assistance cash grant expenditures from the base year
4 general assistance cash grant expenditures. The department shall
5 establish the second year savings for the purpose of this
6 section by subtracting the second year general assistance cash
7 grant expenditures from the first year general assistance cash
8 grant expenditures.
9 (c) On July 1, 1982 the department shall raise general
10 assistance and aid to families with dependent children
11 allowances so that the cost of the increase in State funds for
12 the purpose of this section over the twelve-month period
13 beginning on that date shall be equal to at least seventy-five
14 percent of the first year savings. On July 1, 1983, the
15 department shall further raise general assistance and aid to
16 families with dependent children allowances so that the cost of
17 the further increase in State funds for the purpose of this
18 section over the twelve-month period beginning on that date
19 shall be equal to at least seventy-five percent of the second
20 year savings. That part of the first and second year savings not
21 used for a grant increase shall be used to fund programs which
22 will assist general assistance recipients in obtaining jobs.
23 Section 476. Fees for Pharmacy Providers.--Pharmacy
24 providers shall be paid the sum of two dollars and seventy-five
25 cents ($2.75) for each prescription filled under the medical
26 assistance program.
27 Section 17. Section 481 of the act, amended July 15, 1976
28 (P.L.993, No.202), is amended to read:
29 Section 481. False Statements; Penalty.--(a) Any person
30 who, either prior to, or at the time of, or subsequent to the
19810H0720B2463 - 24 -
1 application for assistance, by means of a wilfully false
2 statement [of] or misrepresentation, or by impersonation, or by
3 wilfully failing to disclose a material fact regarding
4 eligibility or other fraudulent means, secures, or attempts to
5 secure, or aids or abets or attempts to aid or abet any person
6 in securing assistance, or Federal food stamps, [under this
7 article shall be guilty of a misdemeanor, and, upon conviction
8 thereof, shall be sentenced to pay a fine not exceeding one
9 thousand dollars ($1,000), or to undergo imprisonment not
10 exceeding one year, or both, and also shall be sentenced to make
11 restitution of any moneys he has received by reason of any such
12 false statement, misrepresentation, impersonation, or fraudulent
13 means] commits a crime which shall be graded as provided in
14 subsection (b).
15 (b) [Any person who, either prior to or at the time of or
16 subsequent to the application for assistance, by means of a
17 wilfully false statement or misrepresentation, or by
18 impersonation, or other fraudulent means, secures or attempts to
19 secure assistance or Federal food stamps not exceeding three
20 hundred dollars ($300) under this article shall, upon conviction
21 thereof in a summary proceeding, be sentenced to make
22 restitution of such assistance, and to pay a fine of not more
23 than two hundred dollars ($200). When having available
24 sufficient means or the ability to acquire such means, wilfull
25 failure to make restitution and pay the fine imposed shall
26 result in imprisonment not exceeding sixty days.] Any person
27 violating subsection (a) commits the grade of crime determined
28 from the following schedule:
29 Amount of Assistance Degree of Crime
30 and/or Food Stamps
19810H0720B2463 - 25 -
1 $3,000 or more Felony of the third degree
2 $1,500 to $2,999 Misdemeanor of the first degree
3 $1,000 to $1,499 Misdemeanor of the second degree
4 $999 and under, or
5 the attempt to commit
6 any act prohibited
7 in subsection (a) Misdemeanor of the third degree
8 (c) [There shall be a four-year statute of limitations on
9 all offenses under this section] Any person committing a crime
10 enumerated in subsection (a) shall be ordered to pay restitution
11 of any moneys he has received by reason of any false statement,
12 misrepresentation, impersonation, failure to disclose required
13 information, or fraudulent means. Restitution ordered under this
14 subsection may be paid in a lump sum, by monthly installments or
15 according to such other schedule as is deemed just by the
16 sentencing court. The period of time during which the offender
17 is ordered to make restitution may exceed the maximum term of
18 imprisonment to which the offender could have been sentenced for
19 the crime of which he was convicted, if the sentencing court
20 determines such period to be reasonable and in the interests of
21 justice.
22 (d) There shall be a four-year statute of limitations on all
23 crimes enumerated in subsection (a).
24 Section 18. The act is amended by adding a section to read:
25 Section 489. Investigative Powers and Duties.--(a) In
26 furtherance of the purposes set forth in this act to prevent,
27 deter, investigate and prosecute persons who have committed or
28 are committing fraud against assistance programs, the department
29 may:
30 (1) Conduct investigations of all suspected criminal
19810H0720B2463 - 26 -
1 activities related to fraud, misuse or theft of moneys or
2 benefits, or Federal food stamps, committed by persons who are
3 or have been participating in, or administering programs of the
4 department, or by persons who aid or abet others in criminal
5 activity affecting welfare programs.
6 (2) Establish an investigations unit which shall have the
7 power and duty to: (i) investigate alleged violations of all
8 criminal statutes related to fraud or other criminal activity
9 connected with assistance programs administered by the
10 department, except that suspected fraud or other criminal
11 activity by medical providers or vendors, will be investigated
12 by State or Federal enforcement units having specific mandated
13 authority; and (ii) work in conjunction with the appropriate
14 prosecuting authorities in the prosecution of cases where it is
15 determined that evidence of criminal activity exists. In the
16 investigation and enforcement of criminal statutes related to
17 fraud or other criminal activity, the staff of the
18 investigations unit shall have the power of law enforcement
19 officers, with the exception of the power of arrest and
20 authority to carry firearms. In the service and execution of
21 search warrants issued by proper authority to investigators of
22 this unit, assistance will be given by the local or State
23 Police, when such assistance is requested.
24 (b) The provisions of subsection (a) granting investigative
25 authority to the department shall not prevent or interfere with
26 the jurisdiction exercised by other law enforcement agencies in
27 the investigation of welfare related violations.
28 Section 19. Article IV of the act is amended by adding
29 subarticles to read:
30 ARTICLE IV
19810H0720B2463 - 27 -
1 PUBLIC ASSISTANCE
2 * * *
3 (k) Employment Incentive Payments
4 Section 491. Employment Incentive Payments.--(a) Any
5 corporation employing persons, who prior to their employment
6 were general assistance recipients, shall be entitled to
7 employment incentive payments to be provided as a credit against
8 taxes imposed upon the corporation by Article IV, V, VII, VIII
9 or IX of the act of March 4, 1971 (P.L.6, No.2), known as the
10 "Tax Reform Code of 1971," or by the act of June 22, 1964
11 (P.L.16, No.2), known as "The Mutual Thrift Institutions Tax
12 Act" and any person, partnership, or proprietorship employing
13 such persons shall be entitled to payments to be provided as a
14 credit against taxes imposed by Article III of the "Tax Reform
15 Code of 1971." For the purposes of computing any tax liabilities
16 against which the credit may be applied, deductions from taxable
17 income shall be reduced by employment incentive payments.
18 Employment incentive payments unused as a tax credit in any
19 taxable year may be carried over against tax liabilities of the
20 employer in the three immediately subsequent taxable years.
21 (b) An employment incentive payment may be claimed by an
22 employer who hires any person classified as chronically or
23 transitionally needy at the time of employment except that
24 payments shall not be provided for:
25 (1) The employment of any person who displaces any other
26 individual from employment, except persons discharged for cause
27 as certified by the Office of Employment Security.
28 (2) The employment of any person closely related, as defined
29 by paragraphs (1) through (8) of section 152(a) of the Internal
30 Revenue Code, to the taxpayer, or, if the taxpayer is a
19810H0720B2463 - 28 -
1 corporation, to an individual who owns, directly or indirectly
2 more than fifty percent of the outstanding stock of the
3 corporation.
4 (3) The employment of an individual for whom the employer is
5 simultaneously receiving Federally or State funded job training
6 payments.
7 (c) (1) The employment incentive payment shall be the sum
8 of thirty percent of the first six thousand dollars ($6,000) of
9 qualified first-year wages for such year, twenty percent of the
10 first six thousand dollars ($6,000) of qualified second year
11 wages for such year, and ten percent of the first six thousand
12 dollars ($6,000) of qualified third year wages for such year.
13 (2) Employers who hire persons who are residents of, or
14 provide jobs in, certain geographic areas established by the
15 Department of Public Welfare shall be eligible to receive
16 additional credits equal to twice the amount provided for in
17 this section; these geographic areas shall be established using
18 the following criteria:
19 (i) High incidence of unemployment relative to regional,
20 State or National unemployment levels as certified by the
21 Department of Labor and Industry.
22 (ii) High incidence of general assistance caseload, as
23 measured by both general assistance caseload relative to
24 population and as measured by length of time persons are carried
25 as general assistance recipients.
26 (iii) Areas having thirty percent or more of the population
27 below Federally established levels of poverty income for family
28 size.
29 (iv) Municipalities which have experienced a population loss
30 of seven and five tenths percent or more from the 1970 census to
19810H0720B2463 - 29 -
1 the 1980 census.
2 (3) Total employment incentive payments shall not exceed
3 ninety percent of total taxes paid by the employer against which
4 the incentive payments may be claimed as a credit. Qualified
5 wages must be cash remuneration to the employe, including any
6 amounts deducted or withheld.
7 (d) To be eligible for employment incentive payments, the
8 employment must continue for at least one year unless the
9 employe voluntarily leaves the employment of the employer,
10 becomes disabled, or is terminated for cause. Employment
11 initiated during the year may be claimed as an employment
12 incentive payment in the subsequent year.
13 (e) The Department of Revenue, in cooperation with the
14 Department of Public Welfare, shall administer the provisions of
15 this section, promulgate appropriate rules, regulations and
16 forms for that purpose, and make such determinations as may be
17 required. Determinations made with respect to the tax credit
18 provided in this section may be reviewed and appealed in the
19 manner provided by law for other corporate or personal tax
20 credits.
21 (f) The total amount of employment incentive payments
22 authorized by this section shall not exceed twenty-five million
23 dollars ($25,000,000) in any fiscal year. To insure that credits
24 are not claimed in excess of this amount, an employer may claim
25 the incentive payments only upon presentation of an authorizing
26 certificate. Certificates will be issued to the employe by the
27 Department of Public Welfare upon presentation to the Department
28 of Public Welfare of evidence of a qualifying offer of
29 employment. The Department of Revenue shall advise the
30 Department of Public Welfare of the total number of certificates
19810H0720B2463 - 30 -
1 which may be issued in each calendar quarter consistent with the
2 limitation on total incentive payments. If an employe does not
3 accept the job for which the certificate is authorized, the
4 certificate shall be returned by the employe to the Department
5 of Public Welfare. If an employe terminates employment for any
6 reason prior to the expiration of two years, the employer shall
7 return the certificate, noting the date of the employe's hiring
8 and termination, to the Department of Revenue. The Department of
9 Public Welfare may issue certificates through the Office of
10 Employment Security and may promulgate regulations to allocate
11 certificates.
12 (g) Employment incentive payments shall not be available for
13 employes hired after December 31, 1985, unless reenacted by the
14 General Assembly. Not later than July 1, 1985, the Department of
15 Public Welfare shall report to the General Assembly on the
16 effectiveness of incentive payments to encourage the employment
17 of general assistance recipients and recommend whether the
18 program should be continued. Credits may be claimed against
19 taxes payable for tax years beginning January 1, 1982, and
20 thereafter, and may be claimed for any employe hired after the
21 effective date of this section.
22 (l) Priority Employment Services Program
23 Section 492. Priority Employment Services Program.--(a) The
24 Department of Labor and Industry, through its Office of
25 Employment Security, is hereby authorized to establish and
26 provide special priority services to general assistance
27 recipients above and beyond those currently available and
28 permissible under Federal law, regulation and funding.
29 (b) The special priority services authorized by this section
30 shall include, but are not limited to, the provision of job
19810H0720B2463 - 31 -
1 counseling, job testing and job readiness services beyond those
2 currently available through Federal authority and an employer
3 outreach program to encourage the employment of general
4 assistance recipients in the private sector and to disseminate
5 information regarding both Federal and State tax credit programs
6 for which general assistance recipients are eligible.
7 (m) Employment Opportunities Incentive Grant Program
8 Section 493. Employment Opportunities Incentive Grant
9 Program.--(a) The Department of Labor and Industry is hereby
10 authorized to make grants to vocational schools, institutions of
11 higher learning, commercial and nonprofit enterprises for the
12 implementation of projects to provide for employment
13 opportunities for welfare recipients. These grants shall:
14 (1) support training programs necessary for structurally
15 unemployed persons to obtain and retain bona fide employment;
16 (2) develop and implement programs to reduce welfare
17 dependency and chronic unemployment;
18 (3) improve and diversify the economic base of communities
19 to increase the number of unsubsidized jobs for the chronically
20 unemployed; and
21 (4) support and encourage employment opportunities programs
22 for low-income community residents and provide them the
23 opportunity to become self-sustaining.
24 (b) The Department of Labor and Industry may contract with
25 grantees after:
26 (1) Establishing bid requirements and a specific request for
27 proposal.
28 (2) Advertising the request for proposal in the Pennsylvania
29 Bulletin and circulating the request for proposal through
30 interested eligible groups.
19810H0720B2463 - 32 -
1 (3) Bids shall be opened in a public meeting with all
2 potential vendors notified.
3 (4) Bids shall be evaluated by the department.
4 (c) Prior to the awarding of a grant the Department of Labor
5 and Industry shall submit a copy of the request for a proposal
6 and the bid application of the prospective grantee or
7 prospective grantees to the Chairman of the Health and Welfare
8 Committee of the House of Representatives and the Chairman of
9 the Public Health and Welfare Committee of the Senate.
10 (d) Projects receiving grants under this section shall
11 demonstrate the following:
12 (1) Linkage with and participation of the county boards of
13 assistance.
14 (2) Provisions for support services such as remedial and
15 career education, academic education, counseling, in-service
16 training and job-based curriculums.
17 (3) Demonstrate that funding would result in the creation of
18 permanent private job opportunities.
19 (4) Demonstrate previous capability to administer programs
20 of this nature.
21 (e) The Department of Labor and Industry, in order to
22 effectuate and enforce the provisions of this section, shall
23 promulgate necessary rules and regulations and prescribe
24 conditions and procedures in order to assure compliance with
25 this section.
26 (f) Grants under this section will be available through
27 December 31, 1985, unless reenacted by the General Assembly. The
28 Department of Labor and Industry shall report to the General
29 Assembly on the effectiveness of the Employment Opportunities
30 Incentive Grant Program annually. The annual report shall
19810H0720B2463 - 33 -
1 include, but not be limited to, the cost incurred by the
2 department to administer the program, the number and the type of
3 unsubsidized jobs made available as a result of the program, the
4 number of welfare recipients removed from the welfare rolls as a
5 result of the program and the projected savings to the
6 Department of Public Welfare as a result of the program.
7 Section 20. (1) The department shall carry out or fund an
8 evaluation of the economic and social impact of the amendments
9 herein to section 432 of the act and provide that evaluation to
10 the General Assembly by July 1, 1984.
11 (2) Performance Audit.--The department shall conduct
12 performance audits of the Community Work Program on an annual
13 basis. The initial performance audit shall commence no later
14 than one year from the effective date of this act and the
15 results shall be reported to the General Assembly no later than
16 eighteen months from the effective date of this act. The results
17 of all performance audits shall be reported to each member of
18 the General Assembly. In the department's annual report to the
19 General Assembly, each performance audit of the Community Work
20 Program shall include an analysis of program costs, an
21 evaluation of program effectiveness, and an evaluation as to how
22 the program affects participating agencies.
23 Section 21. Notwithstanding any other provision of law
24 except as expressly prohibited by Federal law as applied to any
25 particular individual, all Comprehensive Employment and Training
26 Act programs shall give first priority to the transitionally
27 needy and the chronically needy.
28 Section 22. This act shall take effect in 120 days.
29 SECTION 1. CLAUSE (2) OF SECTION 201, ACT OF JUNE 13, 1967 <--
30 (P.L.31, NO.21), KNOWN AS THE "PUBLIC WELFARE CODE," IS AMENDED
19810H0720B2463 - 34 -
1 TO READ:
2 SECTION 201. STATE PARTICIPATION IN COOPERATIVE FEDERAL
3 PROGRAMS.--THE DEPARTMENT SHALL HAVE THE POWER:
4 * * *
5 (2) WITH THE APPROVAL OF THE GOVERNOR, TO DEVELOP AND SUBMIT
6 STATE PLANS OR OTHER PROPOSALS TO THE FEDERAL GOVERNMENT, TO
7 PROMULGATE REGULATIONS, ESTABLISH AND ENFORCE STANDARDS AND TO
8 TAKE SUCH OTHER MEASURES AS MAY BE NECESSARY TO RENDER THE
9 COMMONWEALTH ELIGIBLE FOR AVAILABLE FEDERAL FUNDS OR OTHER
10 ASSISTANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE ACT
11 OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
12 COMMONWEALTH DOCUMENTS LAW, THE DEPARTMENT MAY OMIT NOTICE OF
13 PROPOSED RULEMAKING AND PROMULGATE REGULATIONS AS FINAL WHEN
14 DELAY IN THE FINAL ADOPTION OF REGULATIONS MAY WILL RESULT IN <--
15 THE LOSS OF FEDERAL FUNDS OR WHEN DELAY IN ADOPTION WOULD
16 REQUIRE THE REPLACEMENT OF FEDERAL FUNDS WITH STATE FUNDS.
17 * * *
18 SECTION 2. SUBSECTION THE SECTION HEADING AND SUBSECTION (A) <--
19 OF SECTION 405.1 OF THE ACT, ADDED JULY 15, 1976 (P.L.993,
20 NO.202), IS ARE AMENDED TO READ: <--
21 SECTION 405.1. [PENNSYLVANIA EMPLOYABLES PROGRAM] WORK <--
22 REGISTRATION.--(A) EVERY INDIVIDUAL, WITHIN TEN DAYS AFTER
23 ESTABLISHING ELIGIBILITY FOR PUBLIC ASSISTANCE, AS A CONDITION
24 OF CONTINUING ELIGIBILITY FOR AID TO FAMILIES WITH DEPENDENT
25 CHILDREN OR GENERAL ASSISTANCE, SHALL REGISTER IN ACCORDANCE
26 WITH REGULATIONS OF THE DEPARTMENT FOR EMPLOYMENT, TRAINING AND
27 MANPOWER SERVICES, UNLESS SUCH INDIVIDUAL IS:
28 (1) A CHILD WHO IS [ATTENDING SCHOOL OR COLLEGE OR AN
29 APPROVED PROGRAM OF VOCATIONAL TRAINING ON A FULL-TIME BASIS OR
30 WHO IS] UNDER THE AGE OF SIXTEEN OR IS ATTENDING FULL TIME, AN
19810H0720B2463 - 35 -
1 ELEMENTARY, SECONDARY OR VOCATIONAL (OR TECHNICAL) SCHOOL;
2 (2) ILL OR INCAPACITATED;
3 (3) SO REMOTE FROM A REGISTRATION SECURITY OFFICE THAT
4 EFFECTIVE PARTICIPATION IN EMPLOYMENT AND TRAINING COUNSELING IS
5 PRECLUDED;
6 (4) REQUIRED TO BE PRESENT IN THE HOME BECAUSE OF ILLNESS OR
7 INCAPACITY OF ANOTHER MEMBER OF THE HOUSEHOLD;
8 (5) THE [MOTHER] PARENT OR OTHER RELATIVE OF A CHILD UNDER
9 THE AGE OF SIX WHO IS [CARING] PERSONALLY PROVIDING CARE FOR THE
10 CHILD WITH ONLY VERY BRIEF AND INFREQUENT ABSENCES FROM THE
11 CHILD;
12 (6) THE [MOTHER] PARENT OR OTHER CARETAKER OF A CHILD IF
13 [THE FATHER OR] ANOTHER ADULT [MALE] RELATIVE IS IN THE HOME AND
14 NOT EXCLUDED FROM THE REQUIREMENT TO REGISTER, UNLESS SUCH OTHER
15 ADULT [MALE] RELATIVE HAS FAILED TO REGISTER AS HEREIN REQUIRED
16 OR HAS REFUSED WITHOUT GOOD CAUSE TO ACCEPT EMPLOYMENT OR TO
17 PARTICIPATE IN WORK EXPERIENCE OR TRAINING;
18 [(7) THE MOTHER OR OTHER CARETAKER OF A CHILD BETWEEN THE
19 AGES OF SIX AND FOURTEEN, UNLESS THERE ARE ADEQUATE CHILD CARE
20 ARRANGEMENTS FOR THE CHILD;
21 (8)] (7) ACTIVELY PARTICIPATING IN THE FEDERAL WORK
22 INCENTIVE PROGRAM OR WAS CERTIFIED TO SAID PROGRAM WITHIN THE
23 PREVIOUS SIX MONTHS; [OR]
24 [(9)] (8) EMPLOYED FULL TIME[.]; OR
25 (9) THE PARENT OF A CHILD WHO IS DEPRIVED OF PARENTAL
26 SUPPORT OR CARE BY REASON OF THE UNEMPLOYMENT OF A PARENT, IF
27 THE OTHER PARENT (WHO IS THE PRINCIPAL WAGE EARNER, AS DEFINED
28 BY THE DEPARTMENT CONSISTENT WITH FEDERAL LAW AND REGULATIONS)
29 IS NOT EXCLUDED BY THE PRECEDING PARAGRAPHS OF THIS SUBSECTION.
30 * * *
19810H0720B2463 - 36 -
1 SECTION 3. SECTION 423 OF THE ACT, REPEALED IN PART APRIL
2 28, 1978 (P.L.202, NO.53), IS AMENDED TO READ:
3 SECTION 423. HEARING APPEALS OF RECIPIENTS.--(A) EACH
4 COUNTY BOARD SHALL HEAR AND DETERMINE APPEALS FROM ACTIONS OF
5 ITS EMPLOYES AFFECTING THE RIGHTS OF THOSE APPLYING FOR OR
6 RECEIVING ASSISTANCE. ANY PERSON APPLYING FOR OR RECEIVING
7 ASSISTANCE OF ANY TYPE COVERED BY THE PUBLIC ASSISTANCE
8 PROVISIONS OF THE FEDERAL SOCIAL SECURITY ACT, MAY APPEAL TO THE
9 DEPARTMENT FROM ANY DECISION OF THE COUNTY BOARD, REFUSING OR
10 DISCONTINUING HIS ASSISTANCE, IN WHOLE OR IN PART. IN EVERY SUCH
11 APPEAL, AN OPPORTUNITY FOR A FAIR HEARING SHALL BE GRANTED, AND
12 THE DECISION OF THE DEPARTMENT ON SUCH APPEAL SHALL BE FINAL,
13 EXCEPT AS OTHERWISE HEREINAFTER PROVIDED. ALL SUCH APPEALS SHALL
14 BE IN ACCORDANCE WITH RULES AND REGULATIONS ESTABLISHED BY THE
15 DEPARTMENT. [ALL APPEALS FROM THE COUNTY BOARD TO THE DEPARTMENT
16 OR FROM THE DEPARTMENT OR COUNTY BOARD TO THE COURT SHALL
17 OPERATE AS A SUPERSEDEAS OF ANY ORDER OF THE COUNTY BOARD OR
18 DEPARTMENT IN ALL CASES WHERE THE APPELLANT IS ALREADY RECEIVING
19 ASSISTANCE.]
20 (B) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN TITLE 2 OF
21 THE PENNSYLVANIA CONSOLIDATED STATUTES (RELATING TO
22 ADMINISTRATIVE LAW AND PROCEDURE), THE DEPARTMENT MAY MAKE AN
23 ADJUDICATION SOLELY ON THE BASIS OF WRITTEN SUBMISSIONS IF THE
24 SOLE QUESTION PRESENTED BY THE APPELLANT IS ONE OF STATE OR
25 FEDERAL LAW.
26 SECTION 4. THE INTRODUCTORY PARAGRAPH AND CLAUSE (3) OF
27 SECTION 432 OF THE ACT, AMENDED APRIL 1, 1976 (P.L.64, NO.280),
28 ARE AMENDED AND A CLAUSE IS ADDED TO READ:
29 SECTION 432. ELIGIBILITY.--EXCEPT AS HEREINAFTER OTHERWISE
30 PROVIDED, AND SUBJECT TO THE RULES, REGULATIONS, AND STANDARDS
19810H0720B2463 - 37 -
1 ESTABLISHED BY THE DEPARTMENT, BOTH AS TO ELIGIBILITY FOR
2 ASSISTANCE AND AS TO ITS NATURE AND EXTENT, NEEDY PERSONS OF THE
3 CLASSES DEFINED IN CLAUSES (1), (2), [(2)(I) AND (2)(II)] AND
4 (3) SHALL BE ELIGIBLE FOR ASSISTANCE:
5 * * *
6 (3) OTHER PERSONS WHO ARE CITIZENS OF THE UNITED STATES, OR
7 LEGALLY ADMITTED ALIENS. INDIVIDUALS UNDER AGE TWENTY-ONE SHALL
8 ONLY BE ELIGIBLE AS MEMBERS OF A FAMILY UNIT INCLUDING A <--
9 CARETAKER RELATIVE UNLESS SUCH INDIVIDUALS ARE (I) MARRIED,
10 DIVORCED OR SEPARATED; (II) SELF-SUPPORTING FOR A MINIMUM OF
11 TWELVE CONSECUTIVE MONTHS; OR (III) MAINTAINING A SEPARATE
12 RESIDENCE UNDER THE AUSPICES OF THE COUNTY CHILDREN AND YOUTH
13 SOCIAL SERVICE AGENCY.
14 * * *
15 (6) IN ACCORDANCE WITH FEDERAL LAW AND REGULATIONS, AID TO
16 FAMILIES WITH DEPENDENT CHILDREN SHALL NOT BE PAID TO ANY FAMILY
17 FOR ANY MONTH IN WHICH ANY CARETAKER RELATIVE WITH WHOM THE
18 CHILD IS LIVING IS, ON THE LAST DAY OF SUCH MONTH, PARTICIPATING
19 IN A STRIKE, AND NO INDIVIDUAL'S NEEDS SHALL BE INCLUDED IN
20 DETERMINING THE AMOUNT OF AID PAYABLE FOR ANY MONTH TO A FAMILY
21 IF, ON THE LAST DAY OF SUCH MONTH, SUCH INDIVIDUAL IS
22 PARTICIPATING IN A STRIKE. GENERAL ASSISTANCE SHALL NOT BE PAID
23 TO ANY INDIVIDUAL OR FAMILY FOR ANY MONTH IN WHICH THE
24 INDIVIDUAL OR ANY CARETAKER RELATIVE WITH WHOM THE CHILD IS
25 LIVING IS, ON THE LAST DAY OF SUCH MONTH, PARTICIPATING IN A
26 STRIKE AND NO INDIVIDUAL'S NEEDS SHALL BE INCLUDED IN
27 DETERMINING THE AMOUNT OF AID PAYABLE FOR ANY MONTH TO AN
28 INDIVIDUAL OR FAMILY IF, ON THE LAST DAY OF SUCH MONTH, SUCH
29 INDIVIDUAL IS PARTICIPATING IN A STRIKE.
30 SECTION 5. SUBSECTION (B) OF SECTION 432.2 OF THE ACT, ADDED
19810H0720B2463 - 38 -
1 JULY 15, 1976 (P.L.993, NO.202), IS AMENDED TO READ:
2 SECTION 432.2. DETERMINATION OF ELIGIBILITY.--* * *
3 (B) AS A CONDITION OF ELIGIBILITY[, AN] FOR ASSISTANCE, ALL
4 APPLICANTS AND RECIPIENTS OF ASSISTANCE SHALL COOPERATE WITH THE
5 DEPARTMENT IN PROVIDING AND VERIFYING INFORMATION NECESSARY FOR
6 THE DEPARTMENT TO DETERMINE INITIAL OR CONTINUED ELIGIBILITY IN
7 ACCORDANCE WITH THE PROVISIONS OF THIS ACT. AN INDIVIDUAL
8 APPLYING FOR ASSISTANCE SHALL COMPLETE AN APPLICATION CONTAINING
9 [A WRITTEN DECLARATION OF] SUCH INFORMATION REQUIRED TO
10 ESTABLISH ELIGIBILITY AND AMOUNT OF GRANT. THE APPLICATION SHALL
11 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
12 (1) NAMES OF ALL PERSONS TO RECEIVE AID;
13 (2) BIRTH DATES OF ALL PERSONS TO RECEIVE AID;
14 (3) SOCIAL SECURITY NUMBERS OF ALL PERSONS TO RECEIVE AID,
15 OR PROOF OF APPLICATION FOR SUCH SOCIAL SECURITY NUMBER;
16 (4) PLACE OF RESIDENCE FOR ALL PERSONS TO RECEIVE AID;
17 (5) THE NAMES OF ANY LEGALLY RESPONSIBLE RELATIVE LIVING
18 IN THE HOME;
19 (6) ANY INCOME OR RESOURCES AS DEFINED IN THIS ACT OR IN
20 REGULATIONS PROMULGATED PURSUANT TO THIS ACT.
21 THE DEPARTMENT SHALL PROVIDE ASSISTANCE AS NEEDED TO COMPLETE
22 THE APPLICATION AND SHALL INSURE THAT ALL APPLICANTS OR
23 RECIPIENTS HAVE OR PROMPTLY OBTAIN A SOCIAL SECURITY NUMBER.
24 * * *
25 SECTION 6. SUBSECTION (C) OF SECTION 432.5 OF THE ACT, ADDED
26 JULY 15, 1976 (P.L.993, NO.202), IS AMENDED TO READ:
27 SECTION 432.5. LIMITS ON PROPERTY HOLDINGS.--* * *
28 (C) [PERSONAL] OTHER PROPERTY IN EXCESS OF EITHER A COMBINED
29 AMOUNT OF TWO HUNDRED FIFTY DOLLARS ($250) FOR THE FIRST PERSON
30 IN THE ASSISTANCE UNIT AND ONE HUNDRED DOLLARS ($100) FOR EACH
19810H0720B2463 - 39 -
1 ADDITIONAL PERSON IN THE ASSISTANCE UNIT OR A TOTAL OF ONE
2 THOUSAND DOLLARS ($1,000) FOR THE ASSISTANCE UNIT, WHICHEVER IS
3 LESS, SHALL BE CONSIDERED AN AVAILABLE RESOURCE. [EXCEPT AS
4 FOLLOWS:] THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED AN
5 AVAILABLE RESOURCE, UNLESS SUCH CONSIDERATION IS REQUIRED UNDER
6 FEDERAL LAW OR REGULATION:
7 (1) WEDDING AND ENGAGEMENT RINGS, FAMILY HEIRLOOMS, CLOTHING
8 AND CHILDREN'S TOYS.
9 (2) HOUSEHOLD FURNISHINGS, PERSONAL EFFECTS AND OTHER ITEMS
10 USED TO PROVIDE, EQUIP, AND MAINTAIN A HOUSEHOLD FOR THE
11 APPLICANT AND RECIPIENT OR OTHER ITEMS ESSENTIAL TO DAY-TO-DAY
12 LIVING AS THE DEPARTMENT MAY PRESCRIBE BY REGULATION.
13 (3) EQUIPMENT AND MATERIAL WHICH ARE NECESSARY TO IMPLEMENT
14 EMPLOYMENT, REHABILITATION, OR SELF CARE PLAN FOR THE APPLICANT
15 OR RECIPIENT.
16 (4) [MOTOR VEHICLES.] A MOTOR VEHICLE WITH AN EQUITY VALUE
17 THAT DOES NOT EXCEED LIMITS AS THE DEPARTMENT MAY ESTABLISH BY
18 REGULATION.
19 [(5) SAVINGS OF SCHOOL CHILDREN UP TO TWO THOUSAND DOLLARS
20 ($2,000) FOR EACH CHILD.
21 (6)] (5) RETROACTIVE ASSISTANCE PAYMENTS RECEIVED AS A
22 RESULT OF A PREHEARING CONFERENCE OR A FAIR HEARING DECISION.
23 [(7) LIFE INSURANCE WITH A CASH VALUE NOT IN EXCESS OF ONE
24 THOUSAND DOLLARS ($1,000).]
25 * * *
26 SECTION 7. SECTION 432.10 OF THE ACT IS REPEALED.
27 SECTION 8. SUBSECTIONS (A) AND (C) OF SECTION 432.12 OF THE
28 ACT, ADDED JULY 15, 1976 (P.L.993, NO.202), ARE AMENDED TO READ:
29 SECTION 432.12. DETERMINATION OF [INCOME] NEED.--(A) (1)
30 IN ACCORDANCE WITH FEDERAL LAW AND REGULATIONS THE DEPARTMENT
19810H0720B2463 - 40 -
1 SHALL, IN DETERMINING NEED FOR AID TO FAMILIES WITH DEPENDENT
2 CHILDREN, TAKE INTO CONSIDERATION THE INCOME, EXCLUDING [THAT
3 AMOUNT EQUAL TO THE EXPENSES REASONABLY ATTRIBUTABLE TO THE
4 EARNING OF INCOME] THE AMOUNTS REQUIRED TO BE DEDUCTED OR
5 EXCLUDED BY FEDERAL LAW OR REGULATIONS, OF ALL MEMBERS OF THE
6 ASSISTANCE UNIT [WHO ARE FOURTEEN YEARS OF AGE OR OLDER].
7 (2) IN DETERMINING NEED FOR GENERAL ASSISTANCE, THE
8 DEPARTMENT SHALL TAKE INTO CONSIDERATION ALL INCOME, EXCLUDING
9 THAT AMOUNT EQUAL TO THE EXPENSES REASONABLY ATTRIBUTABLE TO THE
10 EARNING OF INCOME UP TO TWENTY-FIVE DOLLARS ($25) PER MONTH, OF
11 ALL MEMBERS OF THE ASSISTANCE UNIT WHO ARE FOURTEEN YEARS OF AGE
12 OR OLDER. IN ADDITION TO SAID WORK RELATED EXPENSES, A WORK
13 INCENTIVE EQUAL TO THE FIRST TWENTY DOLLARS ($20) PLUS FIFTY
14 PERCENT OF THE NEXT SIXTY DOLLARS ($60) [SHALL] MAY BE DEDUCTED
15 FROM THE GROSS MONTHLY WAGES OF EACH EMPLOYED RECIPIENT OF
16 GENERAL ASSISTANCE FOR ANY OR ALL MONTHS AS PRESCRIBED BY THE
17 DEPARTMENT. THE GENERAL ASSISTANCE GRANT SHALL BE COMPUTED ON
18 THE REMAINDER.
19 * * *
20 (C) [TO BE CONSIDERED IN ESTABLISHING FINANCIAL ELIGIBILITY
21 AND THE AMOUNT OF THE ASSISTANCE PAYMENT, INCOME MUST BE
22 ACTUALLY AVAILABLE FOR CURRENT USE BY THE APPLICANT OR
23 RECIPIENT. IN ACCORDANCE WITH FEDERAL LAW AND REGULATIONS, THE]
24 IN ESTABLISHING FINANCIAL ELIGIBILITY AND THE AMOUNT OF THE
25 ASSISTANCE PAYMENT IN BOTH THE AID TO FAMILIES WITH DEPENDENT
26 CHILDREN PROGRAM AND THE GENERAL ASSISTANCE PROGRAM, THE
27 DEPARTMENT MAY CONSIDER THE INCOME OF CERTAIN INDIVIDUALS AS IF
28 IT WERE ACTUALLY AVAILABLE TO OTHER HOUSEHOLD MEMBERS
29 NOTWITHSTANDING THE FACT THAT THE INCOME MAY NOT BE ACTUALLY
30 AVAILABLE TO OTHER HOUSEHOLD MEMBERS AND SHALL CONSIDER SUCH
19810H0720B2463 - 41 -
1 INCOME IN A MANNER CONSISTENT WITH FEDERAL LAW OR REGULATIONS
2 FOR THE AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM. INCOME
3 OF STEPPARENTS LIVING IN A HOUSEHOLD SHALL BE CONSIDERED
4 AVAILABLE TO THE HOUSEHOLD BY THE DEPARTMENT. THE DEPARTMENT MAY
5 CHOOSE TO CONSIDER INCOME ON EITHER A PROSPECTIVE OR
6 RETROSPECTIVE BASIS IN DETERMINING ELIGIBILITY AND THE AMOUNT OF
7 THE ASSISTANCE PAYMENT. THE APPLICANT OR RECIPIENT SHALL[,
8 HOWEVER,] AS A NECESSARY CONDITION OF ELIGIBILITY:
9 (1) PROVIDE ALL INFORMATION NECESSARY TO INCOME
10 DETERMINATION; AND
11 (2) TAKE ALL ACTIONS NECESSARY TO OBTAIN UNCONDITIONALLY
12 AVAILABLE INCOME INCLUDING APPLYING FOR UNEMPLOYMENT
13 COMPENSATION TO THE EXTENT PERMITTED BY FEDERAL LAW. INCOME
14 SHALL BE CONSIDERED UNCONDITIONALLY AVAILABLE IF THE APPLICANT
15 OR RECIPIENT HAS ONLY TO CLAIM OR ACCEPT SUCH INCOME, INCLUDING
16 ANY TYPE OF GOVERNMENTAL BENEFITS, SOCIAL INSURANCE, PRIVATE
17 PENSION OR BENEFITS PLAN, OR OFFERS OF PRIVATE CONTRIBUTIONS,
18 INCLUDING CONTRIBUTIONS FROM RELATIVES NOT IN THE NATURE OF
19 DISASTER RELIEF.
20 SECTION 9. SECTION 432.16 OF THE ACT, ADDED JULY 15, 1976
21 (P.L.993, NO.202), IS AMENDED TO READ:
22 SECTION 432.16. RECOUPMENT OF PRIOR OVERPAYMENTS AND
23 RETROACTIVE CORRECTION OF UNDERPAYMENTS.--[(A) IN ACCORDANCE
24 WITH FEDERAL LAW AND REGULATIONS, THE DEPARTMENT SHALL ESTABLISH
25 PROCEDURES FOR RECOUPMENT OF PRIOR OVERPAYMENTS CAUSED BY THE
26 RECIPIENT'S WILFULL WITHHOLDING OF INFORMATION CONCERNING HIS
27 INCOME, RESOURCES, OR OTHER CIRCUMSTANCES WHICH MAY AFFECT THE
28 AMOUNT OF PAYMENT, PROVIDED THAT:
29 (1) THE AMOUNT OF OVERPAYMENTS RECOUPED SHALL BE LIMITED TO
30 OVERPAYMENTS MADE DURING THE TWELVE MONTHS PRECEDING THE MONTH
19810H0720B2463 - 42 -
1 IN WHICH THE OVERPAYMENT WAS DISCOVERED: PROVIDED, HOWEVER, THAT
2 WHERE THE OVERPAYMENT WAS CAUSED BY THE RECIPIENT'S WILFULL
3 WITHHOLDING OF INFORMATION REGARDING HIS INCOME OR RESOURCES,
4 RECOUPMENT SHALL BE PERMITTED FOR OVERPAYMENTS MADE DURING THE
5 TWENTY-FOUR MONTHS PRECEDING THE MONTH IN WHICH THE OVERPAYMENT
6 WAS DISCOVERED.
7 (2) THE RECOUPMENT OF OVERPAYMENTS MAY BE MADE (I) FROM
8 INCOME OR RESOURCES, EXCLUSIVE OF THE CURRENT ASSISTANCE
9 PAYMENT, WHICH ARE CURRENTLY AVAILABLE TO THE RECIPIENT IN THE
10 AMOUNT BY WHICH THE DEPARTMENT PROPOSES TO REDUCE PAYMENTS; OR
11 (II) FROM CURRENT ASSISTANCE PAYMENTS. IF RECOUPMENTS ARE MADE
12 FROM CURRENT ASSISTANCE PAYMENTS, THE DEPARTMENT SHALL, ON A
13 CASE-BY-CASE BASIS, LIMIT THE PROPORTION OF SUCH PAYMENTS THAT
14 MAY BE DEDUCTED IN EACH CASE, SO AS NOT TO CAUSE UNDUE HARDSHIP
15 ON RECIPIENTS.
16 (3) IN NO EVENT, SHALL THE GRANT OF A NEEDY CHILD BE REDUCED
17 UNLESS THE PARENTS OR OTHER RESPONSIBLE PERSONS HAVE SUFFICIENT
18 AVAILABLE INCOME OR RESOURCES TO MEET THE NEEDS OF THE DEPENDENT
19 CHILD ACCORDING TO DEPARTMENT STANDARDS DURING THE PERIOD OF
20 REDUCTION.
21 (4) THE DEPARTMENT SHALL, PRIOR TO EFFECTING ANY REDUCTION
22 OF A CURRENT GRANT, ADVISE THE RECIPIENT OF THE PROPOSED
23 REDUCTION BY TIMELY AND ADEQUATE NOTICE.
24 (B) THE DEPARTMENT SHALL BE PERMITTED TO RECOUP OVERPAYMENTS
25 IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (A) CONCURRENT
26 WITH A SUIT FOR RESTITUTION PROVIDED THAT THE EXTENT OF
27 LIABILITY FOR RESTITUTION SHALL BE REDUCED BY THE AMOUNT OF
28 OVERPAYMENTS RECOUPED.
29 (C) THE DEPARTMENT SHALL, IN ACCORDANCE WITH FEDERAL
30 REGULATIONS, ESTABLISH PROCEDURES FOR RETROACTIVE CORRECTION OF
19810H0720B2463 - 43 -
1 UNDERPAYMENTS CAUSED BY ADMINISTRATIVE ERROR PROVIDED THAT:
2 (1) RETROACTIVE CORRECTIVE PAYMENTS SHALL BE LIMITED TO THE
3 TWELVE MONTHS PRECEDING THE MONTH IN WHICH THE UNDERPAYMENT
4 FIRST BECOMES KNOWN TO THE DEPARTMENT;
5 (2) RETROACTIVE PAYMENTS TO CORRECT IMPROPER DENIAL OF
6 ASSISTANCE SHALL BE MADE FOR UP TO TWELVE MONTHS PRIOR TO THE
7 MONTH IN WHICH THE ERROR FIRST BECOMES KNOWN TO THE DEPARTMENT,
8 BUT IN NO CASE EARLIER THAN THE DATE OF APPLICATION;
9 (3) FOR THE PURPOSES OF DETERMINING CONTINUED ELIGIBILITY
10 AND THE AMOUNT OF ASSISTANCE, SUCH RETROACTIVE CORRECTIVE
11 PAYMENTS SHALL NOT BE CONSIDERED AS INCOME OR AS A RESOURCE IN
12 THE MONTH IN WHICH PAID NOR IN THE NEXT FOLLOWING MONTH; AND
13 (4) NO RETROACTIVE PAYMENT NEED BE MADE WHERE THE
14 ADMINISTRATIVE COST WOULD EXCEED THE AMOUNT OF SUCH PAYMENT.]
15 CONSISTENT WITH FEDERAL LAW AND REGULATIONS, THE DEPARTMENT
16 SHALL ESTABLISH PROCEDURES FOR THE RECOUPMENT OF PRIOR
17 OVERPAYMENTS AND THE CORRECTION OF UNDERPAYMENTS.
18 SECTION 10. THE HEADING OF SUBDIVISION (G) OF ARTICLE IV OF
19 THE ACT IS AMENDED TO READ:
20 ARTICLE IV
21 PUBLIC ASSISTANCE
22 * * *
23 (G) SPECIAL PROVISIONS RESPECTING [MEDICAL] ASSISTANCE
24 * * *
25 SECTION 11. SECTION 451 OF THE ACT, AMENDED JULY 9, 1976
26 (P.L.933, NO.202), IS AMENDED TO READ:
27 SECTION 451. CONFORMITY WITH FEDERAL LEGISLATION.--(A)
28 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT, WITH
29 THE APPROVAL OF THE GOVERNOR, MAY BY REGULATION, MODIFY
30 CONDITIONS OF ELIGIBILITY FOR ASSISTANCE, GRANT ASSISTANCE TO
19810H0720B2463 - 44 -
1 ANY PERSONS, MODIFY OR DISCONTINUE ANY TYPE OF ASSISTANCE AND
2 ESTABLISH NEW TYPES OF ASSISTANCE IN ORDER TO INSURE RECEIPT OF
3 FEDERAL CONTRIBUTIONS FOR SUCH ASSISTANCE OR IN CASES WHERE
4 FEDERAL CONTRIBUTIONS HAVE BEEN WITHDRAWN. [ANY SUCH REGULATION <--
5 SHALL BE VOID AT THE END OF THE REGULAR SESSION OF THE GENERAL
6 ASSEMBLY HELD DURING THE ODD-NUMBERED YEAR NEXT FOLLOWING THE
7 ADOPTION OF THE REGULATION.] <--
8 (B) IN THE EVENT OF A CONFLICT BETWEEN STATE AND FEDERAL LAW
9 OR REGULATIONS PERTAINING TO ASSISTANCE PROGRAMS FUNDED WHOLLY
10 OR IN PART BY THE FEDERAL GOVERNMENT, FEDERAL LAW AND
11 REGULATIONS SHALL PREVAIL OVER STATE LAW AND REGULATIONS
12 WHENEVER NECESSARY TO PREVENT THE LOSS OR POSSIBLE LOSS OF <--
13 FEDERAL FUNDS OR WHEN A CONFLICT BETWEEN STATE AND FEDERAL LAW
14 OR REGULATIONS WOULD REQUIRE THE REPLACEMENT OF FEDERAL FUNDS
15 WITH STATE FUNDS.
16 SECTION 12. IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT
17 ANY NET SAVINGS IN EXPENDITURES OF STATE FUNDS FOR
18 ADMINISTRATION AND FOR CASH GRANTS IN THE AID TO FAMILIES WITH
19 DEPENDENT CHILDREN AND GENERAL ASSISTANCE PROGRAMS WHICH ARE
20 GENERATED AS A RESULT OF CONFORMING STATE LAW AND REGULATION TO
21 FEDERAL REQUIREMENTS FOR THOSE PROGRAMS SHALL BE USED TO
22 MAINTAIN OR IMPROVE BENEFITS TO INDIVIDUALS ON PUBLIC
23 ASSISTANCE.
24 SECTION 13. EFFECTIVE NO LATER THAN JUNE 1, 1982, THE
25 DEPARTMENT OF PUBLIC WELFARE SHALL RAISE THE ASSISTANCE STANDARD
26 FOR ASSISTANCE UNITS OF THREE OR MORE PERSONS BY AT LEAST 8% AND
27 MAKE ASSISTANCE PAYMENTS IN ACCORDANCE WITH 100% OF THE
28 INCREASED STANDARD: PROVIDED, HOWEVER, THAT IF THE SECRETARY OF <--
29 BUDGET AND ADMINISTRATION, THE CHAIRMAN OF THE SENATE
30 APPROPRIATIONS COMMITTEE AND THE CHAIRMAN OF THE APPROPRIATIONS
19810H0720B2463 - 45 -
1 COMMITTEE OF THE HOUSE OF REPRESENTATIVES, SHALL CERTIFY JOINTLY
2 THAT ADEQUATE FUNDS ARE NOT AVAILABLE TO PERMIT SUCH INCREASE OF
3 THE ASSISTANCE STANDARD, THE INCREASE AUTHORIZED HEREIN SHALL
4 NOT BECOME EFFECTIVE AND PAYMENTS WILL BE MADE AS HERETOFORE.
5 THE DEPARTMENT SECRETARY OF PUBLIC WELFARE WITH THE CONCURRENCE <--
6 OF THE SECRETARY OF BUDGET AND ADMINISTRATION, THE CHAIRMAN OF
7 THE SENATE APPROPRIATIONS COMMITTEE AND THE CHAIRMAN OF THE
8 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES SHALL
9 SELECT AN EARLIER PAYMENT PERIOD FOR THE IMPLEMENTATION OF THE
10 GRANT INCREASE IF THAT WILL NOT CAUSE THE DEPARTMENT OF PUBLIC
11 WELFARE TO INCUR STATE FUND COSTS IN EXCESS OF THE AMOUNT SAVED <--
12 IN THE FISCAL YEAR ENDING JUNE 30, 1982 AS A CONSEQUENCE OF THE
13 AMENDMENTS TO THE PUBLIC WELFARE CODE EFFECTED BY THIS ACT.
14 EXPEND STATE FUNDS IN EXCESS OF AVAILABLE APPROPRIATIONS OR <--
15 CREATE A NEED FOR A DEFICIENCY APPROPRIATION.
16 Section 12 14. The provisions of this act are severable, and <--
17 if any of its provisions, or the application thereof to any
18 person or circumstance, is held invalid by the court, the
19 remaining provisions of this act and the application of such
20 provisions to other persons or circumstances, shall not be
21 affected and shall be given the full force and effect of law, as
22 if the invalid provisions had been omitted from this act.
23 Section 13 15. This act shall take effect immediately. <--
B27L67RLC/19810H0720B2463 - 46 -