PRINTER'S NO. 3825
No. 2859 Session of 1992
INTRODUCED BY E. Z. TAYLOR, RYAN, SAURMAN, MERRY, FARGO,
SCHULER, JADLOWIEC, BLACK, GANNON, RAYMOND, HERMAN, DAVIES,
FLICK, GERLACH, TOMLINSON, VANCE, SCHEETZ, KING, MARSICO,
BUSH, HESS, B. SMITH, STRITTMATTER, CHADWICK, CORNELL,
DEMPSEY, FAIRCHILD, NAILOR, FLEAGLE, REINARD, PITTS,
S. H. SMITH, D. W. SNYDER, BIRMELIN, CLYMER, NYCE, ULIANA,
WILSON, J. TAYLOR, M. N. WRIGHT, HARLEY, HECKLER, DURHAM,
GLADECK, MICOZZIE, HAGARTY, STAIRS, SERAFINI, ADOLPH, SEMMEL,
CESSAR, GODSHALL AND CLARK, JUNE 22, 1992
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, JUNE 22, 1992
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 determination of need and amount of benefits for general
5 assistance recipients and recipients of aid to families with
6 dependent children.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 432.12 of the act of June 13, 1967
10 (P.L.31, No.21), known as the Public Welfare Code, added July
11 18, 1976 (P.L.993, No.202) and amended April 8, 1982 (P.L.231,
12 No.75), is amended to read:
13 Section 432.12. Determination of Need.--(a) In determining
14 need for general assistance and for aid to families with
15 dependent children, the income of all members of the assistance
16 unit who are fourteen years of age or older shall be considered
1 except the income of a member of the assistance unit who is
2 between the ages of fourteen and twenty-one, is a full or part-
3 time student, and is not employed full time. In determining
4 eligibility, a part of the income may be excluded if
5 attributable to the earning of income. Eligibility determination
6 for general assistance and for aid to families with dependent
7 children shall be based on the Federal allowances for actual
8 work expenses, work incentives and the allowable amount of day
9 care expense per eligible child that are used to determine
10 eligibility for aid to families with dependent children.
11 [In determining need for general assistance, the department
12 shall take into consideration all income, excluding that amount
13 equal to the expenses reasonably attributable to the earning of
14 income up to twenty-five dollars ($25) per month, of all members
15 of the assistance unit who are fourteen years of age or older.
16 The deduction shall be considered to cover all transportation
17 expenses related to employment, all child and adult care related
18 to employment, all other expenses attributed to employment such
19 as but not limited to union dues, uniforms and the like, and all
20 deductions over which the employe has no control such as but not
21 limited to Federal and State income tax. In addition to said
22 work related expenses, a work incentive equal to the first
23 twenty dollars ($20) plus fifty percent of the next sixty
24 dollars ($60) may be deducted from the gross monthly wages of
25 each employed recipient of general assistance for a period not
26 to exceed four months. The general assistance grant shall be
27 computed on the remainder.]
28 (b) Income as used in subsection (a) includes benefits in
29 cash or in kind (other than the rental value of living
30 accommodations), as defined by the department in accordance with
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1 Federal law and regulations.
2 (c) In establishing financial eligibility and the amount of
3 the assistance payment in both the aid to families with
4 dependent children program and the general assistance program,
5 the department may consider the income of certain individuals as
6 if it were actually available to other household members
7 notwithstanding the fact that the income may not be actually
8 available to other household members. Income of stepparents
9 living in a household shall be considered available to the
10 household by the department. The department may choose to
11 consider income on either a prospective or retrospective basis
12 in determining eligibility and the amount of the assistance
13 payment. Benefit determinations for general assistance and for
14 aid to families with dependent children shall be based on the
15 Federal allowances for actual work expenses, work incentives and
16 any allowable amount of day care expense per eligible child that
17 are used to determine benefit amounts for aid to families with
18 dependent children. The applicant or recipient shall as a
19 necessary condition of eligibility:
20 (1) provide all information necessary to income
21 determination; and
22 (2) take all actions necessary to obtain unconditionally
23 available income including applying for unemployment
24 compensation to the extent permitted by Federal law. Income
25 shall be considered unconditionally available if the applicant
26 or recipient has only to claim or accept such income, including
27 any type of governmental benefits, social insurance, private
28 pension or benefits plan, or offers of private contributions,
29 including contributions from relatives not in the nature of
30 disaster relief.
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1 Section 2. This act shall take effect July 1, 1992, or
2 immediately, whichever is later.
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