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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SWANGER, CALTAGIRONE, GILLEN, GILLESPIE, HARRIS AND TOBASH, OCTOBER 17, 2012 |
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| REFERRED TO COMMITTEE ON HUMAN SERVICES, OCTOBER 17, 2012 |
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| AN ACT |
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1 | Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An |
2 | act to consolidate, editorially revise, and codify the public |
3 | welfare laws of the Commonwealth," providing for eligibility |
4 | and determination of need related to recipients of temporary |
5 | assistance to needy families. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 432.12 of the act of June 13, 1967 |
9 | (P.L.31, No.21), known as the Public Welfare Code, is amended by |
10 | adding subsections to read: |
11 | Section 432.12. Determination of Need.--* * * |
12 | (d) In determining the amount of assistance payments to a |
13 | recipient family of benefits under the Temporary Assistance to |
14 | Needy Families (TANF) Program, the department shall revise the |
15 | schedule of benefits to be paid to the recipient family by |
16 | eliminating the increment in benefits under the program for |
17 | which that family would otherwise be eligible as a result of the |
18 | birth of a child conceived during the period in which the family |
19 | is eligible for benefits under the TANF Program, or during a |
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1 | temporary period in which the family or recipient is ineligible |
2 | for benefits under the TANF Program pursuant to a penalty |
3 | imposed by the department for failure to comply with benefit |
4 | eligibility requirements, subsequent to which the family or |
5 | recipient is again eligible for benefits. The department shall |
6 | provide instead that a recipient family in which the recipient |
7 | parents an additional child conceived during the recipient's |
8 | period of eligibility for benefits under the TANF Program, or |
9 | during a temporary penalty period of ineligibility for benefits, |
10 | may receive additional benefits only pursuant to subsection (e), |
11 | except in the case of a general increase in the amount of |
12 | benefits under the TANF Program which is provided to all program |
13 | recipients and provide that any child support paid for the |
14 | excluded child should be paid to the family for the benefit of |
15 | the excluded child and should be disregarded in computing the |
16 | amount of financial assistance which is available to the rest of |
17 | the family. |
18 | (e) In the case of a family that receives benefits under the |
19 | TANF Program in which the recipient parents an additional child |
20 | conceived during the period in which the family is eligible for |
21 | benefits under the TANF Program, or during a temporary penalty |
22 | period of ineligibility for benefits subsequent to which the |
23 | family of the recipient again becomes eligible for benefits, the |
24 | department, subject to Federal approval, shall, in addition to |
25 | eliminating the increase in the benefit as provided in |
26 | subsection (d), provide that in computing the amount of |
27 | financial assistance which is available to the family that |
28 | receives benefits under the TANF Program, the monthly earned |
29 | income disregard for each employed person in the family shall |
30 | increase by an amount equal to that which the family would have |
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1 | otherwise received by parenting an additional child, adjusted |
2 | for family size. |
3 | (f) Elimination of benefits under subsection (d) shall not |
4 | apply to any child conceived as a result of rape or incest if |
5 | the department: |
6 | (1) receives a non-notarized, signed statement from the |
7 | pregnant woman stating that she was a victim of rape or incest, |
8 | as the case may be, and that she reported the crime, including |
9 | the identity of the offender, if known, to a law enforcement |
10 | agency having the requisite jurisdiction or, in the case of |
11 | incest where a pregnant minor is the victim, to the county child |
12 | protective service agency and stating the name of the law |
13 | enforcement agency or child protective service agency to which |
14 | the report was made and the date such report was made; |
15 | (2) receives the signed statement of the pregnant woman |
16 | which is described in this subsection. The statement shall bear |
17 | the notice that any false statements made therein are punishable |
18 | by law and shall state that the pregnant woman is aware that |
19 | false reports to law enforcement authorities are punishable by |
20 | law; and |
21 | (3) verifies with the law enforcement agency or child |
22 | protective service agency named in the statement of the pregnant |
23 | woman whether a report of rape or incest was filed with the |
24 | agency in accordance with the statement. The Commonwealth agency |
25 | shall report any evidence of false statements or of fraud in the |
26 | procurement or attempted procurement of any payment from Federal |
27 | or State funds appropriated by the Commonwealth pursuant to this |
28 | subsection to the district attorney of appropriate jurisdiction |
29 | and, where appropriate, to the Attorney General. |
30 | Section 2. This act shall take effect in 60 days. |
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