THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY YOUNGBLOOD AND CRUZ, APRIL 5, 2011

REFERRED TO COMMITTEE ON HEALTH, APRIL 5, 2011  

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," further defining

"assistance group"; and further providing for eligibility and

determination of need related to recipients of temporary

assistance to needy families.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "assistance group" in section

402 of the act of June 13, 1967 (P.L.31, No.21), known as the

Public Welfare Code, amended May 16, 1996 (P.L.175, No.35), is

amended to read:

Section 402.  Definitions.--As used in this article, unless

the content clearly indicates otherwise:

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"Assistance group" means one or more related or nonrelated

individuals who occupy a common residence, or would occupy a

common residence if they were not homeless, and whose needs and

eligibility for assistance are considered together in

determining eligibility for cash assistance or medical

assistance. If eligible for cash assistance or medical

assistance, the assistance group shall be limited to assistance

that accords with standards established by the department. If

eligible for temporary assistance to needy families, at the

option of the applicant or recipient, the assistance group shall

exclude any child who receives support payments or any Social

Security benefits, including retirement, survivor or disability

benefits, provided that such support or benefits are legally

limited to the use of the child receiving them.

* * *

Section 2.  Sections 432(1) and 432.12(a) of the act, amended

May 16, 1996 (P.L.175, No.35), are amended to read:

Section 432.  Eligibility.--Except as hereinafter otherwise

provided, and subject to the rules, regulations, and standards

established by the department, both as to eligibility for

assistance and as to its nature and extent, needy persons of the

classes defined in clauses (1), (2), and (3) shall be eligible

for assistance:

(1)  [Persons] (i)  Subject to the options under subclause

(ii), persons for whose assistance Federal financial

participation is available to the Commonwealth as aid to

families with dependent children or as other assistance, and

which assistance is not precluded by other provisions of law.

(ii)  An applicant or recipient for temporary assistance to

needy families may, at the option of that applicant or

recipient, exclude from the assistance group any child who

receives support payments or any Social Security benefits,

including retirement, survivor or disability benefits, provided

that such support or benefits are legally limited to the use of

the child receiving them.

* * *

Section 432.12.  Determination of Need.--(a)  [In] (1)  (i)  

Subject to the limitation under subclause (ii), in determining

need for aid to families with dependent children, the gross

income of all members of the assistance group who are fourteen

years of age or older shall be considered except the gross

income of a member of the assistance group who is between the

ages of fourteen and twenty-one, is a full or part-time student,

and is not employed full time or income which is specifically

excluded by Federal or State law. Fifty percent of gross earned

income shall be disregarded when determining eligibility for

recipients. Any changes to that percentage shall be promulgated

as regulations and shall be subject to the availability of

Federal and State funds for cash assistance, as certified by the

Secretary of the Budget.

(ii)  In making a determination of need under this

subsection, the department shall exclude all moneys received by

any child which is excluded from the assistance group under

section 432(1)(ii). Any moneys received under this exclusion

shall not be assigned under any circumstances to the department

or the Commonwealth.

(2)  In determining need for general assistance, the

department shall take into consideration the gross income which

is not excluded by Federal or State law, excluding that amount

equal to the expenses reasonably attributable to the earning of

income up to twenty-five dollars ($25) per month, of all members

of the assistance group who are fourteen years of age or older.

The deduction shall be considered to cover all transportation

expenses related to employment, all child and adult care related

to employment, all other expenses attributed to employment such

as but not limited to union dues, uniforms and the like, and all

deductions over which the employe has no control such as but not

limited to Federal and State income tax. In addition to said

work related expenses, a work incentive equal to the first

twenty dollars ($20) plus fifty percent of the next sixty

dollars ($60) may be deducted from the gross monthly wages of

each employed recipient of general assistance for a period not

to exceed four months. The general assistance grant shall be

computed on the remainder.

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Section 3.  This act shall take effect July 1, 2011, or

immediately, whichever is later.