PRINTER'S NO. 3419
No. 2522 Session of 1998
INTRODUCED BY YOUNGBLOOD, SERAFINI, TIGUE, OLIVER, CAWLEY,
CAPPABIANCA, LAUGHLIN, MELIO, WOJNAROSKI, BELFANTI, MYERS,
TRELLO, STABACK, RAMOS, PRESTON, C. WILLIAMS, A. H. WILLIAMS,
JAMES, HORSEY, MAHER, KELLER, LEDERER, MANDERINO, ORIE,
BISHOP, JOSEPHS, THOMAS, J. TAYLOR, PIPPY, WOGAN,
L. I. COHEN, PERZEL, EVANS, TRUE, ARMSTRONG, FLICK, McGEEHAN,
CARN AND DeWEESE, APRIL 21, 1998
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
APRIL 21, 1998
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 defining
4 "assistance group"; and further providing for eligibility and
5 determination of need related to recipients of aid to
6 families with dependent children.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The definition of "assistance group" in section
10 402 of the act of June 13, 1967 (P.L.31, No.21), known as the
11 Public Welfare Code, amended May 16, 1996 (P.L.175, No.35), is
12 amended to read:
13 Section 402. Definitions.--As used in this article, unless
14 the content clearly indicates
15 Section 402. Definitions.--As used in this article, unless
16 the content clearly indicates otherwise:
17 * * *
1 "Assistance group" means one or more related or nonrelated
2 individuals who occupy a common residence, or would occupy a
3 common residence if they were not homeless, and whose needs and
4 eligibility for assistance are considered together in
5 determining eligibility for cash assistance or medical
6 assistance. If eligible for cash assistance or medical
7 assistance, the assistance group shall be limited to assistance
8 that accords with standards established by the department. If
9 eligible for aid to families with dependent children, at the
10 option of the applicant or recipient, the assistance group shall
11 exclude any child or children who receive support payments
12 and/or any Social Security benefits, including, retirement,
13 survivor or disability benefits provided that such support or
14 benefits are legally limited to the use of the receiving child
15 or children.
16 * * *
17 Section 2. Sections 432(1) and 432.12(a) of the act, amended
18 May 16, 1996 (P.L.175, No.35), are amended to read:
19 Section 432. Eligibility.--Except as hereinafter otherwise
20 provided, and subject to the rules, regulations, and standards
21 established by the department, both as to eligibility for
22 assistance and as to its nature and extent, needy persons of the
23 classes defined in clauses (1), (2), and (3) shall be eligible
24 for assistance:
25 (1) [Persons] (i) Subject to the options under subclause
26 (ii), persons for whose assistance Federal financial
27 participation is available to the Commonwealth as aid to
28 families with dependent children or as other assistance, and
29 which assistance is not precluded by other provisions of law.
30 (ii) An applicant or recipient for aid to families with
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1 dependent children may, at the option of that applicant or
2 recipient, exclude from the assistance group any child or
3 children who receive support payments and/or any Social Security
4 benefits, including retirement, survivor or disability benefits,
5 provided that such support or benefits are legally limited to
6 the use of the receiving child or children.
7 * * *
8 Section 432.12. Determination of Need.--(a) [In] (1) (i)
9 Subject to the limitation under subclause (ii), in determining
10 need for aid to families with dependent children, the gross
11 income of all members of the assistance group who are fourteen
12 years of age or older shall be considered except the gross
13 income of a member of the assistance group who is between the
14 ages of fourteen and twenty-one, is a full or part-time student,
15 and is not employed full time or income which is specifically
16 excluded by Federal or State law. Fifty percent of gross earned
17 income shall be disregarded when determining eligibility for
18 recipients. Any changes to that percentage shall be promulgated
19 as regulations and shall be subject to the availability of
20 Federal and State funds for cash assistance, as certified by the
21 Secretary of the Budget.
22 (ii) In making a determination of need under this
23 subsection, the department shall exclude all moneys received by
24 any child or children which are excluded from the assistance
25 group under section 432(1)(ii). Any moneys received under this
26 exclusion shall not be assigned under any circumstances to the
27 department or the Commonwealth.
28 (2) In determining need for general assistance, the
29 department shall take into consideration the gross income which
30 is not excluded by Federal or State law, excluding that amount
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1 equal to the expenses reasonably attributable to the earning of
2 income up to twenty-five dollars ($25) per month, of all members
3 of the assistance group who are fourteen years of age or older.
4 The deduction shall be considered to cover all transportation
5 expenses related to employment, all child and adult care related
6 to employment, all other expenses attributed to employment such
7 as but not limited to union dues, uniforms and the like, and all
8 deductions over which the employe has no control such as but not
9 limited to Federal and State income tax. In addition to said
10 work related expenses, a work incentive equal to the first
11 twenty dollars ($20) plus fifty percent of the next sixty
12 dollars ($60) may be deducted from the gross monthly wages of
13 each employed recipient of general assistance for a period not
14 to exceed four months. The general assistance grant shall be
15 computed on the remainder.
16 * * *
17 Section 3. This act shall take effect July 1, 1998.
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