SENATE AMENDED
PRIOR PRINTER'S NO. 785 PRINTER'S NO. 3023
No. 694 Session of 1975
INTRODUCED BY MRS. A. P. KELLY, MESSRS. DiCARLO, USTYNOSKI,
McLANE, DIETZ, FEE, REED, BERLIN, McCLATCHY AND HILL,
MARCH 11, 1975
SENATOR COPPERSMITH, PUBLIC HEALTH AND WELFARE, IN SENATE,
AS AMENDED, MARCH 30, 1976
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," ADDING A DEFINITION AND <--
4 FURTHER PROVIDING FOR ADMINISTRATION OF, ELIGIBILITY FOR,
5 QUALIFICATIONS OF AND ALLOWANCES TO RECIPIENTS OF ASSISTANCE
6 AND further providing for the right to inspect facilities.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 SECTION 1. SECTION 402, ACT OF JUNE 13, 1967 (P.L.31, <--
10 NO.21), KNOWN AS THE "PUBLIC WELFARE CODE," IS AMENDED BY ADDING
11 A DEFINITION TO READ:
12 SECTION 402. DEFINITIONS.--AS USED IN THIS ARTICLE:
13 * * *
14 "PROTECTIVE PAYMENTS" MEANS PAYMENTS WITH RESPECT TO ANY
15 DEPENDENT CHILD WHICH ARE MADE TO ANOTHER INDIVIDUAL WHO (AS
16 DETERMINED IN ACCORDANCE WITH STANDARDS PRESCRIBED BY THE
17 DEPARTMENT) IS INTERESTED IN OR CONNECTED WITH THE WELFARE OF
18 SUCH CHILD OR RELATIVE, OR MADE ON BEHALF OF SUCH CHILD OR
1 RELATIVE DIRECTLY TO A PERSON FURNISHING FOOD, LIVING
2 ACCOMMODATIONS, OR OTHER GOODS, SERVICES, OR ITEMS TO OR FOR
3 SUCH CHILD. WHENEVER POSSIBLE, THE PROTECTIVE PAYEE SHALL BE A
4 PUBLIC CHILD WELFARE AGENCY.
5 * * *
6 SECTION 2. SECTION 403 OF THE ACT IS AMENDED TO READ:
7 SECTION 403. UNIFORMITY IN ADMINISTRATION OF ASSISTANCE;
8 REGULATIONS AS TO ASSISTANCE.--(A) THE DEPARTMENT IS
9 RESPONSIBLE FOR MAINTAINING UNIFORMITY IN THE ADMINISTRATION OF
10 PUBLIC WELFARE, INCLUDING GENERAL ASSISTANCE, THROUGHOUT THE
11 COMMONWEALTH.
12 (B) THE DEPARTMENT SHALL ESTABLISH RULES, REGULATIONS AND
13 STANDARDS, CONSISTENT WITH THE LAW, AS TO THE ELIGIBILITY FOR
14 ASSISTANCE AND AS TO ITS NATURE AND EXTENT. THE SECRETARY OR HIS
15 DESIGNEE IN WRITING IS THE ONLY PERSON AUTHORIZED TO ADOPT
16 REGULATIONS, ORDERS, OR STANDARDS OF GENERAL APPLICATION TO
17 IMPLEMENT, INTERPRET, OR MAKE SPECIFIC THE LAW ADMINISTERED BY
18 THE DEPARTMENT. THE SECRETARY SHALL ISSUE INTERIM REGULATIONS
19 WHENEVER CHANGES IN FEDERAL LAWS AND REGULATIONS SUPERSEDE
20 EXISTING STATUTES. IN ADOPTING REGULATIONS, ORDERS, OR STANDARDS
21 OF GENERAL APPLICATION, THE SECRETARY SHALL STRIVE FOR CLARITY
22 OF LANGUAGE WHICH MAY BE READILY UNDERSTOOD BY THOSE
23 ADMINISTERING AID AND BY THOSE WHO APPLY FOR OR RECEIVE AID.
24 (C) WHENEVER A RECIPIENT OF PUBLIC ASSISTANCE, AS A
25 PREREQUISITE TO RECEIVING ASSISTANCE OR OTHERWISE, HAS BEEN
26 REQUIRED TO ENCUMBER IN FAVOR OF THE COMMONWEALTH ANY PROPERTY,
27 OR TO GIVE ANY BOND, NOTE OR OTHER OBLIGATION IN ANY SUM TO
28 SECURE THE REPAYMENT OF MONEY RECEIVED AS ASSISTANCE OR FOR ANY
29 OTHER PURPOSES, AND SUCH BONDS, NOTES, JUDGMENTS, MORTGAGES, OR
30 OTHER OBLIGATIONS ARE THEREAFTER SIGNED BY THE COMMONWEALTH TO
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1 ANY THIRD PARTY, THE ASSIGNEE SHALL NOT BE ENTITLED TO COLLECT,
2 AND THE PERSON LIABLE FOR THE PAYMENT OF THE LIEN OR OBLIGATION
3 SHALL NOT BE LIABLE FOR THE PAYMENT OF, ANY AMOUNT GREATER THAN
4 THE AMOUNT THE ASSIGNEE PAID FOR THE ASSIGNMENT, NOTWITHSTANDING
5 THE FACE AMOUNT OF SUCH LIEN OR OBLIGATION. THIS PROVISION SHALL
6 NOT BE EFFECTIVE AS TO THE COLLECTION OF INTEREST ACCRUING AFTER
7 THE DATE OF THE ASSIGNMENT OR COSTS OF COLLECTION.
8 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
9 SECTION 405.1. PENNSYLVANIA EMPLOYABLES PROGRAM.--(A) EVERY
10 INDIVIDUAL, WITHIN TEN DAYS AFTER ESTABLISHING ELIGIBILITY FOR
11 PUBLIC ASSISTANCE, AS A CONDITION OF CONTINUING ELIGIBILITY FOR
12 AID TO FAMILIES WITH DEPENDENT CHILDREN OR GENERAL ASSISTANCE,
13 SHALL REGISTER WITH THE BUREAU OF EMPLOYMENT SECURITY FOR
14 EMPLOYMENT, TRAINING AND MANPOWER SERVICES, UNLESS SUCH
15 INDIVIDUAL IS:
16 (1) A CHILD WHO IS ATTENDING SCHOOL OR COLLEGE OR AN
17 APPROVED PROGRAM OF VOCATIONAL TRAINING ON A FULL-TIME BASIS OR
18 WHO IS UNDER THE AGE OF SIXTEEN;
19 (2) ILL OR INCAPACITATED;
20 (3) SO REMOTE FROM A BUREAU OF EMPLOYMENT SECURITY OFFICE
21 THAT EFFECTIVE PARTICIPATION IN EMPLOYMENT AND TRAINING
22 COUNSELING IS PRECLUDED;
23 (4) REQUIRED TO BE PRESENT IN THE HOME BECAUSE OF ILLNESS OR
24 INCAPACITY OF ANOTHER MEMBER OF THE HOUSEHOLD;
25 (5) THE MOTHER OR OTHER RELATIVE OF A CHILD UNDER THE AGE OF
26 SIX WHO IS CARING FOR THE CHILD;
27 (6) THE MOTHER OR OTHER CARETAKER OF A CHILD IF THE FATHER
28 OR ANOTHER ADULT MALE RELATIVE IS IN THE HOME AND NOT EXCLUDED
29 FROM THE REQUIREMENT TO REGISTER, UNLESS SUCH ADULT MALE
30 RELATIVE HAS FAILED TO REGISTER AS HEREIN REQUIRED OR HAS
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1 REFUSED WITHOUT GOOD CAUSE TO ACCEPT EMPLOYMENT OR TO
2 PARTICIPATE IN WORK EXPERIENCE OR TRAINING;
3 (7) THE MOTHER OR OTHER CARETAKER OF A CHILD BETWEEN THE
4 AGES OF SIX AND FOURTEEN, UNLESS THERE ARE ADEQUATE CHILD CARE
5 ARRANGEMENTS FOR THE CHILD;
6 (8) ACTIVELY PARTICIPATING IN THE FEDERAL WORK INCENTIVE
7 PROGRAM OR WAS CERTIFIED TO SAID PROGRAM WITHIN THE PREVIOUS SIX
8 MONTHS; OR
9 (9) EMPLOYED FULL TIME.
10 (B) REGISTRATION SHALL INCLUDE A PERSONAL INTERVIEW
11 CONDUCTED BY THE BUREAU OF EMPLOYMENT SECURITY. A WORK
12 APPLICATION SHALL BE COMPLETED. AN EMPLOYABILITY PLAN SHALL BE
13 DEVELOPED. THE INDIVIDUAL'S JOB SEARCH AND REPORTING
14 RESPONSIBILITIES SHALL BE FULLY EXPLAINED, AND, WHEN EMPLOYMENT
15 IS AVAILABLE, THE BUREAU SHALL IMMEDIATELY REFER THE INDIVIDUAL
16 TO SUCH EMPLOYMENT. AS PART OF COMPLYING WITH THE REQUIREMENTS
17 SET FORTH IN THIS SECTION, EACH REGISTRANT SHALL CONDUCT AN
18 ADEQUATE JOB SEARCH IN ACCORDANCE WITH THE REGULATIONS SET FORTH
19 BY THE BUREAU OF EMPLOYMENT SECURITY.
20 (C) ANY PERSON EXCLUDED FROM THE REQUIREMENTS OF
21 REGISTRATION BY REASON OF SUBSECTION (A), MAY REGISTER TO
22 PARTICIPATE IN THE PENNSYLVANIA EMPLOYABLES PROGRAM.
23 (D) NO PERSON REGISTERED PURSUANT TO SUBSECTION (A) SHALL
24 REFUSE TO ACCEPT A BONA FIDE OFFER OF EMPLOYMENT OR TRAINING.
25 THE BONA FIDE OFFER OF EMPLOYMENT, TRAINING, OR WORK EXPERIENCE
26 MUST BE CONSISTENT WITH THE PERSON'S PHYSICAL, MENTAL AND
27 EMOTIONAL CAPABILITIES.
28 IN ORDER TO BE A BONA FIDE OFFER OF EMPLOYMENT, THERE MUST BE
29 REASONABLE ASSURANCES THAT:
30 (1) APPROPRIATE STANDARDS FOR THE HEALTH, SAFETY, MINIMUM
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1 WAGE AND OTHER CONDITIONS APPLICABLE TO THE PERFORMANCE OF WORK
2 AND TRAINING IN THE EMPLOYMENT ARE ESTABLISHED AND WILL BE
3 MAINTAINED.
4 (2) THE OFFER OF EMPLOYMENT WILL NOT RESULT IN ANY
5 DISPLACEMENT OF EMPLOYED WORKERS.
6 (3) WITH RESPECT TO SUCH EMPLOYMENT, THE CONDITIONS OF WORK,
7 TRAINING, EDUCATION, AND EMPLOYMENT ARE REASONABLE IN THE LIGHT
8 OF SUCH FACTORS AS THE TYPE OF WORK, GEOGRAPHICAL REGION, AND A
9 PROFICIENCY OF THE PARTICIPANT.
10 (4) THE EMPLOYMENT IS NOT AVAILABLE DUE TO LABOR DISPUTE,
11 STRIKE OR LOCK-OUT.
12 (E) ANY PERSON REQUIRED TO REGISTER PURSUANT TO SUBSECTION
13 (A) WHO WILLFULLY:
14 (1) FAILS TO REGISTER;
15 (2) FAILS TO CONDUCT AN ADEQUATE JOB SEARCH OR FULFILL HIS
16 REPORTING RESPONSIBILITIES REQUIRED BY SUBSECTION (B); OR
17 (3) REFUSES A BONA FIDE OFFER OF EMPLOYMENT OR TRAINING IN
18 VIOLATION OF SUBSECTION (D) SHALL BE INELIGIBLE FOR AID TO
19 FAMILIES WITH DEPENDENT CHILDREN OR GENERAL ASSISTANCE WHERE
20 THERE IS NO OTHER PARENT PRESENT WHO IS ELIGIBLE FOR ASSISTANCE.
21 ANY AID FOR WHICH SUCH CHILD IS ELIGIBLE WILL BE PROVIDED IN THE
22 FORM OF PROTECTIVE PAYMENT AS DEFINED IN SECTION 402.
23 (F) THE DEPARTMENT SHALL TAKE ALL APPROPRIATE MEASURES TO
24 OBTAIN ANY NECESSARY FEDERAL APPROVAL AND ASSISTANCE FOR THE
25 PENNSYLVANIA EMPLOYABLES PROGRAM. IF THE UNITED STATES
26 DEPARTMENT OF HEALTH, EDUCATION AND WELFARE DOES NOT APPROVE ALL
27 OR PART OF THE PENNSYLVANIA EMPLOYABLES PROGRAM, THAT PART OF
28 THE PROGRAM UNAPPROVED SHALL NOT APPLY TO PERSONS WHO ARE
29 OTHERWISE ELIGIBLE FOR AID TO FAMILIES WITH DEPENDENT CHILDREN,
30 BUT IT SHALL APPLY TO PERSONS ELIGIBLE FOR GENERAL ASSISTANCE.
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1 (G) THE BUREAU OF EMPLOYMENT SECURITY SHALL NOTIFY THE
2 DEPARTMENT OF ANY DEREGISTRATION. THE DEPARTMENT SHALL PROMPTLY
3 REDETERMINE ELIGIBILITY UPON RECEIPT OF NOTICE OF
4 DEREGISTRATION.
5 SECTION 4. SECTION 412 OF THE ACT IS AMENDED TO READ:
6 SECTION 412. APPOINTMENT OF [TRUSTEES] PROTECTIVE PAYEES.--
7 THE DEPARTMENT MAY APPOINT A [TRUSTEE] PROTECTIVE PAYEE TO TAKE
8 CHARGE OF THE EXPENDITURE OF ASSISTANCE GRANTED ANY PERSON UNDER
9 THIS ARTICLE WHEN, [IN ITS OPINION] CONSISTENT WITH FEDERAL
10 REGULATIONS, SUCH [TRUSTEE] PROTECTIVE PAYEE IS NECESSARY. IN
11 ANY SUCH CASE, PAYMENT SHALL BE MADE DIRECT TO THE [TRUSTEE]
12 PROTECTIVE PAYEE. A [TRUSTEE] PROTECTIVE PAYEE SHALL SERVE
13 WITHOUT COMPENSATION, AND SHALL BE SUBJECT TO SUCH RULES,
14 REGULATIONS AND ACCOUNTING AS THE DEPARTMENT SHALL PRESCRIBE.
15 WHEREVER POSSIBLE, THE PROTECTIVE PAYEE SHALL BE A PUBLIC
16 CHILD WELFARE AGENCY.
17 SECTION 5. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
18 SECTION 432.1. CONTINUED ABSENCE FROM THE HOME.--WHERE AN
19 APPLICATION FOR AID TO FAMILIES WITH DEPENDENT CHILDREN IS BASED
20 UPON DEPRIVATION OF PARENTAL SUPPORT OR CARE DUE TO THE
21 CONTINUED ABSENCE OF A PARENT FROM THE HOME, SUCH DEPRIVATION
22 EXISTS WHEN THE NATURE OF THE ABSENCE, FOR ANY REASON,
23 INTERRUPTS OR TERMINATES THE PARENT'S FUNCTIONING AS A PROVIDER
24 OF MAINTENANCE, PHYSICAL CARE OR GUIDANCE FOR THE CHILD AND THE
25 KNOWN OR INDEFINITE DURATION OF THE ABSENCE PRECLUDES CONTINUING
26 THE PARENT'S PERFORMANCE OF HIS FUNCTION AS A PROVIDER. ABSENCE
27 ALONE SHALL NOT CONSTITUTE DEPRIVATION.
28 IT SHALL BE THE DUTY OF THE DEPARTMENT TO VERIFY THE
29 CONTINUED ABSENCE OF THE PARENT FROM THE HOME FROM INFORMATION
30 REGARDING THE ABSENT PARENT SUPPLIED BY THE APPLICANT ON HIS
19750H0694B3023 - 6 -
1 APPLICATION, OR BY REQUIRING THE APPLICANT TO PROVIDE, WHERE
2 KNOWN, THE NAME, SOCIAL SECURITY NUMBER, DESCRIPTION, EMPLOYER
3 AND PRESENT OR LAST KNOWN ADDRESS OF THE ABSENT PARENT UPON
4 REQUEST.
5 SECTION 432.2. DETERMINATION OF ELIGIBILITY.--(A) PRIOR TO
6 DETERMINATION OF ELIGIBILITY, THE DEPARTMENT SHALL CONDUCT A
7 PERSONAL INTERVIEW WITH THE APPLICANT, OR WITH THE CARETAKER
8 RELATIVES OF THE NEEDY CHILDREN.
9 (B) AS A CONDITION OF ELIGIBILITY, AN INDIVIDUAL APPLYING
10 FOR ASSISTANCE SHALL COMPLETE AN APPLICATION CONTAINING A
11 WRITTEN DECLARATION OF SUCH INFORMATION REQUIRED TO ESTABLISH
12 ELIGIBILITY AND AMOUNT OF GRANT. THE APPLICATION SHALL INCLUDE,
13 BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
14 (1) NAMES OF ALL PERSONS TO RECEIVE AID;
15 (2) BIRTH DATES OF ALL PERSONS TO RECEIVE AID;
16 (3) SOCIAL SECURITY NUMBERS OF ALL PERSONS TO RECEIVE AID,
17 OR PROOF OF APPLICATION FOR SUCH SOCIAL SECURITY NUMBER;
18 (4) PLACE OF RESIDENCE FOR ALL PERSONS TO RECEIVE AID;
19 (5) THE NAMES OF ANY LEGALLY RESPONSIBLE RELATIVE LIVING IN
20 THE HOME;
21 (6) ANY INCOME OR RESOURCES AS DEFINED IN THIS ACT OR IN
22 REGULATIONS PROMULGATED PURSUANT TO THIS ACT.
23 THE DEPARTMENT SHALL PROVIDE ASSISTANCE AS NEEDED TO COMPLETE
24 THE APPLICATION AND SHALL INSURE THAT ALL APPLICANTS OR
25 RECIPIENTS HAVE OR PROMPTLY OBTAIN A SOCIAL SECURITY NUMBER.
26 (C) THE DEPARTMENT SHALL REQUIRE, AS AN ADDITIONAL CONDITION
27 OF ELIGIBILITY, THAT EACH APPLICANT OR RECIPIENT:
28 (1) ASSIGN TO THE STATE ANY RIGHTS TO SUPPORT FROM ANY OTHER
29 PERSON SUCH APPLICANT MAY HAVE (I) IN HIS OWN BEHALF OR IN
30 BEHALF OF ANY OTHER FAMILY MEMBER FOR WHOM THE APPLICANT IS
19750H0694B3023 - 7 -
1 APPLYING FOR OR RECEIVING AID, AND (II) WHICH HAVE ACCRUED AT
2 THE TIME SUCH ASSIGNMENT IS EXECUTED;
3 (2) COOPERATE WITH THE STATE EXCEPT WHEN IT IS NOT IN THE
4 BEST INTEREST OF THE CHILD AS DEFINED BY FEDERAL LAW OR
5 REGULATIONS (I) IN ESTABLISHING THE PATERNITY OF THE CHILD BORN
6 OUT OF WEDLOCK WITH RESPECT TO WHOM AID IS CLAIMED, AND (II) IN
7 OBTAINING SUPPORT PAYMENTS FOR SUCH APPLICANTS AND FOR A CHILD
8 WITH RESPECT TO WHOM SUCH AID IS CLAIMED, OR IN OBTAINING ANY
9 OTHER PAYMENTS OR PROPERTY DUE SUCH APPLICANT OR SUCH CHILD AND
10 THAT, IF THE RELATIVE WITH WHOM A CHILD IS LIVING IS FOUND TO BE
11 INELIGIBLE BECAUSE OF FAILURE TO COMPLY WITH THE REQUIREMENTS OF
12 SUBSECTIONS (B) AND (C), ANY AID FOR WHICH SUCH CHILD IS
13 ELIGIBLE WILL BE PROVIDED IN THE FORM OF PROTECTIVE PAYMENT.
14 (D) THE DEPARTMENT SHALL DETERMINE ALL ELEMENTS OF
15 ELIGIBILITY PERIODICALLY IN ACCORDANCE WITH THE PROVISIONS OF
16 THIS SECTION: PROVIDED, HOWEVER, THAT SUCH DETERMINATION SHALL
17 NOT BE LESS FREQUENT THAN EVERY SIX MONTHS. THE DEPARTMENT SHALL
18 REQUIRE THE COMPLETION OF A CONTINUING APPLICATION FORM AT THE
19 TIME OF REDETERMINATION AND THE PROVISIONS OF SECTION 432.15
20 SHALL BE APPLICABLE TO THIS SUBSECTION.
21 (E) EACH APPLICANT SHALL PROVIDE, UNDER PENALTY OF FRAUD,
22 THE INFORMATION NECESSARY TO COMPLETE SUCH APPLICATION. THE
23 APPLICATIONS USED BY THE DEPARTMENT SHALL CONTAIN, AT THE END
24 THEREOF, IN LARGE TYPE, A STATEMENT IN THE FORM APPROVED BY THE
25 ATTORNEY GENERAL THAT THE APPLICANT UNDERSTANDS THAT HE HAS AN
26 OBLIGATION TO REPORT IMMEDIATELY TO THE DEPARTMENT ANY CHANGES
27 IN INCOME OR RESOURCES, COMPOSITION OF THE ASSISTANCE UNIT,
28 ADDRESSES OR ANY OTHER FACTOR WHICH MAY AFFECT ELIGIBILITY, AND
29 THAT THE DECLARATIONS IN THE APPLICATION ARE CORRECT AND
30 COMPLETE TO THE BEST OF THE APPLICANT'S KNOWLEDGE OR BELIEF WHEN
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1 MADE. THIS DECLARATION SHALL BE SIGNED BY THE APPLICANT OF
2 ASSISTANCE OR ANY PERSON COMPLETING THE APPLICATION FOR AN
3 APPLICANT UNABLE TO DO SO HIMSELF.
4 (F) THE CASEWORKER SHALL INSURE THAT THE APPLICANT
5 UNDERSTANDS HIS RIGHTS AND DUTIES UNDER THIS ACT AND SHALL
6 CERTIFY ON EACH APPLICATION THAT HE HAS EXPLAINED SUCH RIGHTS
7 AND DUTIES TO THE APPLICANT OR RECIPIENT.
8 (G) THE DEPARTMENT SHALL REDETERMINE ELIGIBILITY PROMPTLY
9 UPON RECEIPT OF NOTICE OF DEREGISTRATION BY THE BUREAU OF
10 EMPLOYMENT SECURITY.
11 SECTION 432.3. VOLUNTARY TERMINATION OF EMPLOYMENT.--A
12 PERSON WHO WITHOUT GOOD CAUSE: (I) VOLUNTARILY TERMINATES
13 EMPLOYMENT OR REDUCES HIS EARNING CAPACITY FOR THE PURPOSE OF
14 QUALIFYING FOR ASSISTANCE OR A LARGER AMOUNT THEREOF; OR (II)
15 FAILS OR REFUSES TO ACCEPT REFERRAL TO AND PARTICIPATE IN A
16 VOCATIONAL REHABILITATION OR TRAINING PROGRAM, INCLUDING THE
17 WORK INCENTIVE PROGRAM, OR REFUSES TO ACCEPT REFERRAL TO AND
18 WORK IN EMPLOYMENT IN WHICH HE IS ABLE TO ENGAGE, SHALL BE:
19 (1) DISQUALIFIED FROM RECEIVING ASSISTANCE FOR THIRTY DAYS
20 THEREAFTER AND UNTIL SUCH TIME AS HE IS WILLING TO COMPLY WITH
21 THE REQUIREMENTS OF SECTION 405.1; EXCEPT THAT
22 (2) AN APPLICANT FOR OR RECIPIENT OF GENERAL ASSISTANCE WHO
23 WITHOUT GOOD CAUSE VOLUNTARILY TERMINATED EMPLOYMENT OR REDUCED
24 HIS EARNING CAPACITY SHALL BE DISQUALIFIED FROM RECEIVING
25 GENERAL ASSISTANCE FOR SEVENTY-FIVE DAYS THEREAFTER AND UNTIL
26 SUCH TIME AS HE IS WILLING TO COMPLY WITH THE REQUIREMENTS OF
27 SECTION 405.1.
28 SECTION 432.4. IDENTIFICATION AND PROOF OF RESIDENCE.--ALL
29 PERSONS APPLYING FOR ASSISTANCE SHALL PROVIDE ACCEPTABLE
30 IDENTIFICATION AND PROOF OF RESIDENCE; THE DEPARTMENT SHALL BY
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1 REGULATIONS SPECIFY WHAT CONSTITUTES ACCEPTABLE IDENTIFICATION
2 AND PROOF OF RESIDENCE.
3 SECTION 432.5. RESIDENCE.--ASSISTANCE MAY BE GRANTED ONLY TO
4 OR IN BEHALF OF A RESIDENT OF PENNSYLVANIA. NEEDY PERSONS WHO DO
5 NOT MEET THE RESIDENCE REQUIREMENTS STATED IN THIS SECTION AND
6 WHO ARE TRANSIENTS OR WITHOUT RESIDENCE IN ANY STATE, MAY BE
7 GRANTED ASSISTANCE UP TO SEVEN DAYS, ALL IN ACCORDANCE WITH
8 RULES REGULATIONS AND STANDARDS ESTABLISHED BY THE DEPARTMENT.
9 FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR ASSISTANCE,
10 THE CONTINUED ABSENCE OF A RECIPIENT FROM THE COMMONWEALTH FOR A
11 PERIOD OF SIXTY DAYS OR LONGER SHALL BE PRIMA FACIE EVIDENCE OF
12 THE INTENT OF THE RECIPIENT TO HAVE CHANGED HIS RESIDENCE TO A
13 PLACE OUTSIDE THE COMMONWEALTH. THE DEPARTMENT SHALL MAKE
14 INQUIRY FROM ALL RECIPIENTS WHO HAVE BEEN CONTINUOUSLY ABSENT
15 FOR A PERIOD OF THIRTY DAYS TO DETERMINE WHETHER OR NOT IT IS
16 THEIR INTENT TO REMAIN RESIDENTS OF THE COMMONWEALTH OR TO
17 BECOME RESIDENTS ELSEWHERE, AND SHALL REDETERMINE THE RESIDENCE
18 OF SUCH PERSONS. IN ANY CASE IN WHICH SUCH INQUIRY DOES NOT
19 ESTABLISH THAT THE RECIPIENT REMAINS A RESIDENT OF THE
20 COMMONWEALTH, HIS AID SHALL BE TERMINATED AFTER PROVIDING
21 APPROPRIATE NOTICE OF SUCH INTENDED ACTION.
22 IF A RECIPIENT IS PREVENTED BY ILLNESS OR OTHER GOOD CAUSE
23 FROM RETURNING TO THE COMMONWEALTH AT THE END OF SIXTY DAYS, AND
24 HAS NOT ACTED TO ESTABLISH RESIDENCE ELSEWHERE, HE SHALL NOT BE
25 DEEMED TO HAVE LOST HIS RESIDENCE IN THE COMMONWEALTH.
26 WHEN A RECIPIENT OF AID TO FAMILIES WITH DEPENDENT CHILDREN
27 OR GENERAL ASSISTANCE IS ABSENT FROM THE UNITED STATES FOR A
28 PERIOD IN EXCESS OF THIRTY DAYS, HIS AID SHALL THEREAFTER BE
29 SUSPENDED WHENEVER NEED CANNOT BE DETERMINED FOR THE ENSUING
30 PERIOD OF HIS ABSENCE.
19750H0694B3023 - 10 -
1 IT IS NOT THE INTENT OF THE GENERAL ASSEMBLY, HOWEVER, IN
2 ENACTING THIS SECTION TO CREATE ANY DURATIONAL RESIDENCE
3 REQUIREMENT.
4 SECTION 432.6. LIMITS ON PROPERTY HOLDINGS.--(A) REAL AND
5 PERSONAL PROPERTY WHICH AN APPLICANT OR RECIPIENT OWNS OR IN
6 WHICH HE HAS AN INTEREST ARE RESOURCES WHICH MUST BE CONSIDERED
7 IN DETERMINING INITIAL AND CONTINUOUS ELIGIBILITY FOR
8 ASSISTANCE, SUBJECT TO THE LIMITATIONS AND EXCEPTIONS
9 HEREINAFTER PROSCRIBED.
10 (B) AN APPLICANT OR RECIPIENT MAY RETAIN REAL PROPERTY OWNED
11 BY HIM, OR IN CONJUNCTION WITH ANY OTHER PERSON WITHOUT
12 REFERENCE TO ITS VALUE IF SUCH REAL PROPERTY SERVES AS THE HOME
13 OF SUCH APPLICANT OR RECIPIENT.
14 (C) PERSONAL PROPERTY IN EXCESS OF ONE THOUSAND DOLLARS
15 ($1,000) PER PERSON IN THE ASSISTANCE UNIT SHALL BE CONSIDERED
16 AN AVAILABLE RESOURCE EXCEPT AS FOLLOWS:
17 (1) WEDDING AND ENGAGEMENT RINGS, FAMILY HEIRLOOMS, CLOTHING
18 AND CHILDREN'S TOYS.
19 (2) HOUSEHOLD FURNISHINGS AND OTHER ITEMS USED TO PROVIDE,
20 EQUIP, AND MAINTAIN A HOUSEHOLD FOR THE APPLICANT AND RECIPIENT.
21 (3) EQUIPMENT AND MATERIAL WHICH ARE NECESSARY TO IMPLEMENT
22 EMPLOYMENT, REHABILITATION, OR SELF CARE PLAN FOR THE APPLICANT
23 OR RECIPIENT.
24 (4) ONE MOTOR VEHICLE. ANY ADDITIONAL VEHICLES MAY BE
25 INCLUDED AS EQUIPMENT NECESSARY TO IMPLEMENT EMPLOYMENT,
26 REHABILITATION OR A SELF CARE PLAN FOR THE APPLICANT OR
27 RECIPIENT.
28 (5) UP TO FIFTY DOLLARS ($50) CASH ON HAND AT THE TIME OF
29 APPLICATION AND SAVINGS OF SCHOOL CHILDREN UP TO TWO THOUSAND
30 DOLLARS ($2,000) FOR EACH CHILD.
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1 (6) RETROACTIVE ASSISTANCE PAYMENTS RECEIVED AS A RESULT OF
2 A PREHEARING CONFERENCE OR A FAIR HEARING DECISION.
3 (7) LIFE INSURANCE WITH A CASH VALUE NOT IN EXCESS OF FIVE
4 HUNDRED DOLLARS ($500).
5 (D) IN THE CASE OF ANY NONRESIDENT REAL PROPERTY, THE
6 APPLICANT OR RECIPIENT MUST TAKE ADEQUATE STEPS TO OFFER SUCH
7 PROPERTY FOR SALE ON THE OPEN MARKET, CONVERT IT TO CASH, WITH
8 SUCH SUMS BEING CONSIDERED AN AVAILABLE RESOURCE. THE APPLICANT
9 OR RECIPIENT SHALL ACKNOWLEDGE THE LIABILITY OF THE PROPERTY FOR
10 REIMBURSEMENT.
11 (E) WITH THE EXCEPTION OF THE ITEMS OF PERSONAL PROPERTY IN
12 SUBSECTION (C) PERSONAL PROPERTY SHALL BE CONSIDERED IMMEDIATELY
13 CONVERTIBLE TO CASH AND AVAILABLE TO MEET CURRENT LIVING
14 EXPENSES. WHERE SUCH PERSONAL PROPERTY CANNOT BE READILY
15 CONVERTED INTO CASH, OR WHERE IT IS IN THE FORM OF A FROZEN
16 ASSET, ELIGIBILITY CRITERIA SHALL BE MET PROVIDED THAT THE OWNER
17 TAKE ADEQUATE STEPS TO CONVERT THE PROPERTY INTO CASH, OFFERING
18 SUCH PERSONAL PROPERTY FOR SALE ON THE OPEN MARKET, AND
19 ACKNOWLEDGING THE LIABILITY OF THE PROPERTY FOR REIMBURSEMENT.
20 (F) WHERE AID HAS BEEN RECEIVED IN GOOD FAITH, BUT THE
21 RECIPIENT IN FACT OWNS EXCESS PROPERTY OR HAS NOT MET THE
22 REQUIREMENTS OF SUBSECTIONS (C), (D) AND (E), SUCH RECIPIENT
23 SHALL BE CONSIDERED TO HAVE BEEN INELIGIBLE FOR ASSISTANCE
24 DURING THE PERIOD FOR WHICH ANY EXCESS PROPERTY WOULD HAVE
25 SUPPORTED HIM AT THE RATE OF THE ASSISTANCE GRANTED TO HIM. IN
26 SUCH CASE, RECIPIENT SHALL REPAY THE AMOUNT OF ASSISTANCE
27 RECEIVED DURING SUCH PERIOD OF INELIGIBILITY.
28 SECTION 432.7. SUPPORT FROM LEGALLY RESPONSIBLE RELATIVES.--
29 (A) EVERY APPLICANT FOR ASSISTANCE WHOSE ELIGIBILITY IS BASED ON
30 DEPRIVATION DUE TO ABSENCE OF A PARENT FROM A HOME SHALL BE
19750H0694B3023 - 12 -
1 REFERRED WITHIN TEN DAYS FOR INTERVIEW TO THE DESIGNATED SUPPORT
2 OFFICIAL OF THE DEPARTMENT WHO SHALL BE STATIONED IN LOCAL
3 WELFARE OFFICES, UNLESS SUCH OFFICES HAVE TOO FEW APPLICANTS TO
4 WARRANT PERMANENT STATIONING. THE DEPARTMENT SHALL BE
5 RESPONSIBLE FOR TAKING ALL STEPS NECESSARY TO IDENTIFY, LOCATE,
6 AND OBTAIN SUPPORT PAYMENTS FROM ABSENT PARENTS.
7 (B) THE DEPARTMENT SHALL ESTABLISH A SCALE OF SUGGESTED
8 MINIMUM CONTRIBUTIONS TO ASSIST COURTS IN DETERMINING THE AMOUNT
9 THAT AN ABSENT PARENT SHOULD BE EXPECTED TO PAY TOWARDS THE
10 SUPPORT OF A DEPENDENT CHILD. THE SCALE SHALL INCLUDE
11 CONSIDERATION OF GROSS INCOME, SHALL AUTHORIZE EXPENSE
12 DEDUCTIONS, INCLUDING DEDUCTIONS FOR TAXES, FOR DETERMINING NET
13 INCOME, SHALL DESIGNATE OTHER AVAILABLE RESOURCES TO BE
14 CONSIDERED AND SHALL SPECIFY THE CIRCUMSTANCES WHICH SHOULD BE
15 CONSIDERED IN REDUCING LIABILITY ON THE BASIS OF HARDSHIP.
16 COPIES OF THIS SCALE SHALL BE MADE AVAILABLE TO COURTS, DISTRICT
17 ATTORNEYS AND TO THE PUBLIC. IT IS INTENDED THAT THE SCALE
18 FORMULATED PURSUANT TO THIS SECTION SHOULD BE OPTIONAL.
19 (C) FAILURE OF THE ABSENT PARENT TO COMPLY WITH HIS SUPPORT
20 OBLIGATIONS SHALL BE REFERRED TO THE COURT HAVING JURISDICTION
21 OF THIS MATTER FOR APPROPRIATE PROCEEDINGS.
22 SECTION 432.8. PUBLIC WELFARE COOPERATIVE SUPPORT PROGRAM
23 FUND.--THERE IS HEREBY CREATED IN THE STATE TREASURY A REVOLVING
24 FUND TO BE DESIGNATED AS THE "PUBLIC WELFARE COOPERATIVE SUPPORT
25 PROGRAM FUND" WHICH SHALL BE USED BY THE DEPARTMENT IN CARRYING
26 OUT THE PURPOSES SPECIFIED IN SECTION 432.9. ALL MONEYS IN SAID
27 FUND FROM TIME TO TIME ARE HEREBY APPROPRIATED TO THE DEPARTMENT
28 FOR SUCH PURPOSES AND SHALL BE PAID WITHOUT FURTHER
29 APPROPRIATION UNDER REQUISITION AND WARRANT DRAWN ON THE STATE
30 TREASURER IN THE USUAL MANNER.
19750H0694B3023 - 13 -
1 SECTION 432.9. COOPERATIVE SUPPORT PROGRAM AGREEMENT.--(A)
2 THE DEPARTMENT OF PUBLIC WELFARE IS HEREBY AUTHORIZED AND
3 EMPOWERED TO ENTER INTO AGREEMENTS WITH COUNTY COMMISSIONERS OR
4 APPROPRIATE COURTS OR LAW ENFORCEMENT OFFICIALS OF THE
5 COMMONWEALTH TO REIMBURSE THE CONTRACTING UNIT FOR A PORTION OF
6 THE COST OF DEVELOPING AND IMPLEMENTING AN IMPROVED DOMESTIC
7 RELATIONS DIVISION PROGRAM:
8 (1) FOR SECURING SUPPORT FOR PERSONS RECEIVING STATE PUBLIC
9 ASSISTANCE AND REIMBURSEMENT FROM THE LEGALLY RESPONSIBLE
10 RELATIVES OF SUCH ASSISTANCE RECIPIENTS;
11 (2) FOR ESTABLISHING PATERNITY OF CHILDREN BORN OUT OF
12 WEDLOCK WHO ARE RECEIVING AID TO FAMILIES WITH DEPENDENT
13 CHILDREN AND TO SECURE SUPPORT FOR THEM; AND
14 (3) IN THE CASE OF ANY CHILD OR OTHER PERSON RECEIVING AID
15 TO FAMILIES WITH DEPENDENT CHILDREN WHO IS DESERTED OR ABANDONED
16 BY A PARENT OR SPOUSE (I) FOR PROVIDING COUNSELING SERVICES TO
17 REUNITE AND REHABILITATE THE FAMILIES INVOLVED; (II) FOR
18 SECURING SUPPORT FOR SUCH RECIPIENTS OF PUBLIC AID; AND (III)
19 FOR SUCH ADDITIONAL MEASURES FOR THE PROTECTION OF THE PERSONS
20 AND FAMILIES OF PERSONS RECEIVING AID TO FAMILIES WITH DEPENDENT
21 CHILDREN, AND THE PUBLIC WHICH THE DEPARTMENT AND THE OTHER
22 CONTRACTING PARTIES MAY FIND DESIRABLE TO UNDERTAKE
23 COOPERATIVELY.
24 FISCAL INCENTIVE WILL BE PROVIDED TO THE CONTRACTING UNIT IN
25 ACCORDANCE WITH FEDERAL REGULATIONS. EACH CONTRACTING UNIT SHALL
26 ENTER INTO AN ENFORCEMENT AGREEMENT WITH THE DEPARTMENT AS A
27 CONDITION OF RECEIVING THE FISCAL INCENTIVE.
28 (B) IN ANY COOPERATIVE SUPPORT PROGRAM AGREEMENT ENTERED
29 INTO PURSUANT TO THIS SECTION, THE DEPARTMENT, SUBJECT TO
30 GENERAL CONDITIONS ADOPTED AND STATED IN THE AGREEMENT BY THE
19750H0694B3023 - 14 -
1 DEPARTMENT TO COMPLY WITH STATE AND FEDERAL LAW AND REGULATIONS
2 AND WHICH WILL REASONABLY ACHIEVE THE OBJECTIVES OF THIS SECTION
3 AND MADE APPLICABLE TO ALL CONTRACTING COUNTIES, SHALL AGREE TO
4 REIMBURSE THE CONTRACTING UNIT TO THE EXTENT PERMITTED BY
5 FEDERAL REGULATIONS FOR ADMINISTRATIVE EXPENDITURES AND IN
6 ACCORDANCE WITH STATE REGULATIONS, COSTS INCURRED DURING THE
7 PERIOD OF THE AGREEMENT.
8 (C) THE CONTRACTING UNIT MUST MAINTAIN ITS PREAGREEMENT
9 FISCAL EFFORT RELATIVE TO THE SUPPORT ENFORCEMENT OPERATIONS OF
10 THE DOMESTIC RELATIONS DIVISION AND/OR THE PROBATION OFFICE OF
11 THE COURT IN PROCESSING PATERNITY, DESERTION AND NONSUPPORT
12 CASES IN THE CONTRACTING COUNTY.
13 SECTION 432.10. CENTRAL REGISTRY.--(A) A CENTRAL REGISTRY OF
14 RECORDS SHALL BE MAINTAINED IN THE DEPARTMENT SHOWING, AS FAR AS
15 IT IS KNOWN, WITH RESPECT TO ANY PARENT WHO HAS DESERTED OR
16 ABANDONED ANY CHILD RECEIVING AID TO FAMILIES WITH DEPENDENT
17 CHILDREN:
18 (1) THE FULL AND TRUE NAME OF SUCH PARENT TOGETHER WITH ANY
19 KNOWN ALIASES;
20 (2) DATE AND PLACE OF BIRTH;
21 (3) PHYSICAL DESCRIPTION;
22 (4) SOCIAL SECURITY NUMBER;
23 (5) OCCUPATION AND ANY SPECIAL SKILLS HE MAY HAVE;
24 (6) MILITARY STATUS AND VETERANS' ADMINISTRATION OR MILITARY
25 SERVICE SERIAL NUMBER;
26 (7) LAST KNOWN ADDRESS AND THE DATE THEREOF;
27 (8) THE NUMBER OF THE DRIVER'S LICENSE; AND
28 (9) ANY FURTHER INFORMATION THAT MAY BE OF ASSISTANCE IN
29 LOCATING THE PERSON.
30 (B) TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE
19750H0694B3023 - 15 -
1 DEPARTMENT MAY REQUEST AND SHALL RECEIVE FROM ALL DEPARTMENTS,
2 BUREAUS, BOARDS OR OTHER AGENCIES OF THIS COMMONWEALTH, OR ANY
3 OF ITS POLITICAL SUBDIVISIONS, AND THE SAME ARE AUTHORIZED TO
4 PROVIDE, SUCH ASSISTANCE AND DATA EXCEPT TAX RECORDS AS WILL
5 ENABLE THE DEPARTMENT AND OTHER PUBLIC AGENCIES TO CARRY OUT
6 THEIR DUTIES TO LOCATE ABSENT PARENTS FOR THE SUPPORT OF THEIR
7 CHILDREN. THE DEPARTMENT SHALL UTILIZE THE "PARENT LOCATOR
8 SERVICE" PURSUANT TO ESTABLISHMENT IN THE DEPARTMENT OF HEALTH,
9 EDUCATION AND WELFARE BY FILING IN ACCORDANCE WITH SECTION
10 453(B) OF THE SOCIAL SECURITY ACT.
11 (C) ANY RECORDS ESTABLISHED PURSUANT TO THE PROVISIONS OF
12 THIS SECTION SHALL BE AVAILABLE ONLY TO PUBLIC WELFARE OFFICES,
13 DISTRICT ATTORNEYS, PROBATION DEPARTMENTS, CENTRAL REGISTRIES IN
14 OTHER STATES, AND COURTS HAVING JURISDICTION IN SUPPORT OR
15 ABANDONMENT PROCEEDINGS OR ACTION AND ONLY FOR THE PURPOSES FOR
16 WHICH THE RECORDS HAVE BEEN ESTABLISHED.
17 SECTION 432.11. MAXIMUM WITHHOLDING EXEMPTIONS.--AN EMPLOYED
18 APPLICANT OR RECIPIENT SHALL BE CONSIDERED TO BE CLAIMING THE
19 MAXIMUM NUMBER OF EXEMPTIONS FOR FEDERAL INCOME TAX PURPOSES TO
20 WHICH HE IS ENTITLED UNDER FEDERAL LAW AND ANY EARNED INCOME
21 SHALL BE COMPUTED ACCORDINGLY. THE DEPARTMENT SHALL MAINTAIN
22 TABLES INDICATING THE AMOUNT OF WITHHOLDING FOR VARIOUS NUMBERS
23 OF DEPENDENTS AND VARIOUS INCOME LEVELS. THE DEPARTMENT SHALL
24 BASE ASSISTANCE ON THE MAXIMUM NUMBER OF EXEMPTIONS TO WHICH THE
25 APPLICANT OR RECIPIENT IS ENTITLED. THIS DETERMINATION SHALL BE
26 MADE AT THE TIME OF APPLICATION, AT THE PERIODIC REDETERMINATION
27 OF ELIGIBILITY AND WHEN CHANGES IN A RECIPIENT'S CIRCUMSTANCES
28 REQUIRE THAT THE AMOUNT OF ASSISTANCE BE REDETERMINED.
29 SECTION 432.12. ACCESS TO STATE RECORDS.--(A) THE SECRETARY
30 OR HIS DESIGNEES IN WRITING SHALL HAVE ACCESS TO ALL RECORDS
19750H0694B3023 - 16 -
1 OTHER THAN TAX RECORDS, AND THE DEPARTMENT, IN COOPERATION WITH
2 ALL OTHER DEPARTMENTS OF THE EXECUTIVE BRANCH, SHALL ESTABLISH A
3 SINGLE UNIFORM SYSTEM OF INFORMATION CLEARANCE AND RETRIEVAL.
4 (B) THE BUREAU OF EMPLOYMENT SECURITY SHALL PROVIDE THE
5 DEPARTMENT WITH A STATEMENT OF EARNINGS CLEARANCE UPON THE
6 REQUEST OF THE DEPARTMENT.
7 (C) UPON REQUEST OF THE DEPARTMENT, THE BUREAU OF MOTOR
8 VEHICLES SHALL PROVIDE INFORMATION AS TO ALL VEHICLES OWNED BY
9 THE APPLICANT OR RECIPIENT.
10 SECTION 432.13. DETERMINATION OF INCOME.--(A) IN ACCORDANCE
11 WITH FEDERAL LAW AND REGULATIONS THE DEPARTMENT SHALL, IN
12 DETERMINING NEED, TAKE INTO CONSIDERATION THE INCOME, NOT
13 INCLUDING THAT AMOUNT EQUAL TO THE EXPENSES REASONABLY
14 ATTRIBUTABLE TO THE EARNING OF INCOME, OF ALL MEMBERS OF THE
15 ASSISTANCE UNIT WHO ARE FOURTEEN YEARS OF AGE OR OLDER.
16 (B) INCOME AS USED IN SUBSECTION (A) INCLUDES BENEFITS IN
17 CASH OR IN KIND, AS DEFINED BY THE DEPARTMENT IN ACCORDANCE WITH
18 FEDERAL LAW AND REGULATIONS.
19 (C) TO BE CONSIDERED IN ESTABLISHING FINANCIAL ELIGIBILITY
20 AND THE AMOUNT OF THE ASSISTANCE PAYMENT, INCOME MUST BE
21 ACTUALLY AVAILABLE FOR CURRENT USE BY THE APPLICANT OR
22 RECIPIENT. IN ACCORDANCE WITH FEDERAL LAW AND REGULATIONS, THE
23 APPLICANT OR RECIPIENT SHALL, HOWEVER, AS A NECESSARY CONDITION
24 OF ELIGIBILITY:
25 (1) PROVIDE ALL INFORMATION NECESSARY TO INCOME
26 DETERMINATION; AND
27 (2) TAKE ALL ACTIONS NECESSARY TO OBTAIN UNCONDITIONALLY
28 AVAILABLE INCOME INCLUDING APPLYING FOR UNEMPLOYMENT
29 COMPENSATION TO THE EXTENT PERMITTED BY FEDERAL LAW. INCOME
30 SHALL BE CONSIDERED UNCONDITIONALLY AVAILABLE IF THE APPLICANT
19750H0694B3023 - 17 -
1 OR RECIPIENT HAS ONLY TO CLAIM OR ACCEPT SUCH INCOME, INCLUDING
2 ANY TYPE OF GOVERNMENTAL BENEFITS, SOCIAL INSURANCE, PRIVATE
3 PENSION OR BENEFITS PLAN, OR OFFERS OF PRIVATE CONTRIBUTIONS,
4 INCLUDING CONTRIBUTIONS FROM RELATIVES NOT IN THE NATURE OF
5 DISASTER RELIEF.
6 SECTION 432.14. INCOME AVERAGING.--FOR PURPOSES OF
7 DETERMINING ELIGIBILITY FOR ASSISTANCE, THE INCOME OF ANY PERSON
8 UNDER A CONTRACT OF EMPLOYMENT ON AN ANNUAL BASIS WHO WORKS AND
9 RECEIVES INCOME FROM SUCH CONTRACT IN FEWER THAN TWELVE MONTHS,
10 BUT MORE THAN EIGHT MONTHS, SHALL BE PRORATED OVER THE PERIOD OF
11 THE CONTRACT. THIS PROVISION SHALL APPLY ONLY TO SUCH PERSONS
12 WHOSE ANNUAL INCOME, WHEN AVERAGED OVER A TWELVE-MONTH PERIOD,
13 IS EXPECTED TO BE IN EXCESS OF THAT SET FORTH IN THE MINIMUM
14 BASIC STANDARDS OF ADEQUATE CARE FOR THE APPROPRIATE NUMBER OF
15 PERSONS DEPENDENT UPON SUCH INCOME.
16 SECTION 432.15. REPORTING RESPONSIBILITY.--(A) IT SHALL BE
17 THE DUTY OF THE DEPARTMENT TO INSURE THAT EVERY APPLICANT FOR,
18 OR RECIPIENT OF, ASSISTANCE BE NOTIFIED NOT LESS FREQUENTLY THAN
19 SEMIANNUALLY AS TO THE PROVISIONS OF ELIGIBILITY AND HIS
20 RESPONSIBILITY FOR REPORTING INFORMATION CONCERNING CHANGES IN
21 CIRCUMSTANCES WHICH MAY AFFECT THE AMOUNT OF GRANT. AFTER SUCH
22 NOTIFICATION HAS BEEN PROVIDED, THE DEPARTMENT SHALL REQUIRE THE
23 RECIPIENT TO FORMALLY ACKNOWLEDGE, ON A FORM PRESCRIBED FOR SUCH
24 PURPOSE, THAT THE PROVISIONS OF ELIGIBILITY AND REPORTING
25 OBLIGATIONS HAVE BEEN EXPLAINED TO HIM AND WERE UNDERSTOOD.
26 (B) EACH APPLICANT FOR OR RECIPIENT OR PAYEE OF SUCH
27 ASSISTANCE SHALL BE RESPONSIBLE FOR REPORTING ACCURATELY AND
28 WITHIN A REASONABLE SPECIFIED PERIOD THOSE FACTS REQUIRED OF HIM
29 PURSUANT TO THE EXPLANATION PROVIDED BY THE DEPARTMENT.
30 SECTION 432.16. QUARTERLY EARNINGS DETERMINATION.--THE
19750H0694B3023 - 18 -
1 DEPARTMENT SHALL TRANSMIT TO THE BUREAU OF EMPLOYMENT SECURITY
2 THE SOCIAL SECURITY NUMBER OF ALL PERSONS OVER SIXTEEN YEARS OF
3 AGE WHO RECEIVE ASSISTANCE DURING THE SECOND PRIOR QUARTER. THE
4 BUREAU OF EMPLOYMENT SECURITY SHALL DETERMINE THE AMOUNT OF
5 WAGES REPORTED BY EMPLOYERS FOR THE AMOUNT OF UNEMPLOYMENT
6 COMPENSATION INSURANCE BENEFITS WHICH HAVE BEEN PAID DURING THE
7 SECOND AND THIRD PRIOR QUARTERS TO PERSONS WITH THOSE SOCIAL
8 SECURITY NUMBERS AND SHALL RETURN SUCH INFORMATION, INCLUDING
9 ZERO WAGE REPORTS TO THE DEPARTMENT. THE DEPARTMENT SHALL
10 COMPARE SUCH WAGE REPORTS WITH EARNINGS REPORTED BY RECIPIENTS,
11 TAKE PROMPT ACTION TO RESOLVE DISCREPANCIES, AND SHALL REFER
12 PROMPTLY FOR INVESTIGATION ANY CASES OF SUSPECTED FRAUD.
13 SECTION 432.17. RECOUPMENT OF PRIOR OVERPAYMENTS AND
14 RETROACTIVE CORRECTION OF UNDERPAYMENTS.--(A) IN ACCORDANCE WITH
15 FEDERAL LAW AND REGULATIONS, THE DEPARTMENT SHALL ESTABLISH
16 PROCEDURES FOR RECOUPMENT OF PRIOR OVERPAYMENTS CAUSED BY THE
17 RECIPIENT'S WILLFUL WITHHOLDING OF INFORMATION CONCERNING HIS
18 INCOME, RESOURCES, OR OTHER CIRCUMSTANCES WHICH MAY AFFECT THE
19 AMOUNT OF PAYMENT, PROVIDED THAT:
20 (1) THE AMOUNT OF OVERPAYMENTS RECOUPED SHALL BE LIMITED TO
21 OVERPAYMENTS MADE DURING THE TWELVE MONTHS PRECEDING THE MONTH
22 IN WHICH THE OVERPAYMENT WAS DISCOVERED.
23 (2) THE RECOUPMENT OF OVERPAYMENTS MAY BE MADE (I) FROM
24 INCOME OR RESOURCES, EXCLUSIVE OF THE CURRENT ASSISTANCE
25 PAYMENT, WHICH ARE CURRENTLY AVAILABLE TO THE RECIPIENT IN THE
26 AMOUNT BY WHICH THE DEPARTMENT PROPOSES TO REDUCE PAYMENTS; OR
27 (II) FROM CURRENT ASSISTANCE PAYMENTS. IF RECOUPMENTS ARE MADE
28 FROM CURRENT ASSISTANCE PAYMENTS, THE DEPARTMENT SHALL, ON A
29 CASE-BY-CASE BASIS, LIMIT THE PROPORTION OF SUCH PAYMENTS THAT
30 MAY BE DEDUCTED IN EACH CASE, SO AS NOT TO CAUSE UNDUE HARDSHIP
19750H0694B3023 - 19 -
1 ON RECIPIENTS.
2 (3) IN NO EVENT, SHALL THE GRANT OF A NEEDY CHILD BE REDUCED
3 UNLESS THE PARENTS OR OTHER RESPONSIBLE PERSONS HAVE SUFFICIENT
4 AVAILABLE INCOME OR RESOURCES TO MEET THE NEEDS OF THE DEPENDENT
5 CHILD ACCORDING TO DEPARTMENT STANDARDS DURING THE PERIOD OF
6 REDUCTION.
7 (4) THE DEPARTMENT SHALL, PRIOR TO EFFECTING ANY REDUCTION
8 OF A CURRENT GRANT, ADVISE THE RECIPIENT OF THE PROPOSED
9 REDUCTION BY TIMELY AND ADEQUATE NOTICE.
10 (B) THE DEPARTMENT SHALL BE PERMITTED TO RECOUP OVERPAYMENTS
11 IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (A) CONCURRENT
12 WITH A SUIT FOR RESTITUTION PROVIDED THAT THE EXTENT OF
13 LIABILITY FOR RESTITUTION SHALL BE REDUCED BY THE AMOUNT OF
14 OVERPAYMENTS RECOUPED.
15 (C) THE DEPARTMENT SHALL, IN ACCORDANCE WITH FEDERAL
16 REGULATIONS, ESTABLISH PROCEDURES FOR RETROACTIVE CORRECTION OF
17 UNDERPAYMENTS CAUSED BY ADMINISTRATIVE ERROR PROVIDED THAT:
18 (1) RETROACTIVE CORRECTIVE PAYMENTS SHALL BE LIMITED TO THE
19 TWELVE MONTHS PRECEDING THE MONTH IN WHICH THE UNDERPAYMENT
20 FIRST BECOMES KNOWN TO THE DEPARTMENT;
21 (2) RETROACTIVE PAYMENTS TO CORRECT IMPROPER DENIAL OF
22 ASSISTANCE SHALL BE MADE FOR UP TO TWELVE MONTHS PRIOR TO THE
23 MONTH IN WHICH THE ERROR FIRST BECOMES KNOWN TO THE DEPARTMENT,
24 BUT IN NO CASE EARLIER THAN THE DATE OF APPLICATION;
25 (3) FOR THE PURPOSES OF DETERMINING CONTINUED ELIGIBILITY
26 AND THE AMOUNT OF ASSISTANCE, SUCH RETROACTIVE CORRECTIVE
27 PAYMENTS SHALL NOT BE CONSIDERED AS INCOME OR AS A RESOURCE IN
28 THE MONTH IN WHICH PAID NOR IN THE NEXT FOLLOWING MONTH; AND
29 (4) NO RETROACTIVE PAYMENT NEED BE MADE WHERE THE
30 ADMINISTRATIVE COST WOULD EXCEED THE AMOUNT OF SUCH PAYMENT.
19750H0694B3023 - 20 -
1 SECTION 432.18. TIMELY AND ADEQUATE NOTICE DEFINED.--THE
2 DEPARTMENT SHALL PROVIDE TIMELY AND ADEQUATE NOTICE IN ALL CASES
3 OF INTENDED ACTION TO DISCONTINUE, TERMINATE, SUSPEND OR REDUCE
4 AN ASSISTANCE GRANT EXCEPT IN THOSE CASES WHERE ADEQUATE NOTICE
5 ALONE WOULD BE CONSISTENT WITH THE REQUIREMENTS OF FEDERAL LAW
6 OR REGULATION.
7 "TIMELY NOTICE" MEANS NOTICE WHICH IS MAILED AT LEAST TEN
8 DAYS BEFORE THE INTENDED CHANGE WOULD BE EFFECTIVE.
9 "ADEQUATE NOTICE" MEANS A WRITTEN NOTICE THAT INCLUDES A
10 STATEMENT OF WHAT ACTION THE AGENCY INTENDS TO TAKE, THE REASONS
11 FOR THE INTENDED ACTION, THE SPECIFIC REGULATIONS OR STATUTES
12 SUPPORTING SUCH ACTION, AN EXPLANATION OF THE INDIVIDUAL'S RIGHT
13 TO REQUEST AN EVIDENTIARY AND AN ADMINISTRATIVE HEARING ON THE
14 PROPRIETY OF THE INTENDED ACTION AND THE CIRCUMSTANCES UNDER
15 WHICH ASSISTANCE IS CONTINUED IF A HEARING IS REQUESTED.
16 ADEQUATE NOTICE SHALL BE SENT NOT LATER THAN THE DATE OF ACTION.
17 SECTION 432.19. ASSISTANCE PAYMENTS; LOST, STOLEN, DESTROYED
18 OR NOT RECEIVED.--IN THE EVENT THAT A RECIPIENT OF ASSISTANCE
19 DOES NOT RECEIVE AN ASSISTANCE CHECK, OR IF SUCH CHECK IS LOST,
20 STOLEN OR DESTROYED AFTER RECEIPT BUT BEFORE IT IS CASHED, THE
21 COUNTY OFFICE AFTER A PERIOD OF THREE DAYS MAY AUTHORIZE A ONE-
22 TIME GRANT FROM THE COUNTY DISBURSEMENT, PROVIDED THAT THE
23 FOLLOWING CONDITIONS ARE MET:
24 (1) THE RECIPIENT REPORTS THE NONRECEIPT OF THE CHECK, LOSS,
25 OR THEFT OF AN UNENDORSED CHECK OR DESTRUCTION OF AN ENDORSED
26 CHECK. THE REPORT OF A LOSS OR THEFT OF A CHECK SHALL BE
27 ACCOMPANIED BY A SWORN STATEMENT TO THAT EFFECT UNDER PENALTY OF
28 FRAUD. THE COUNTY BOARD SHALL IMMEDIATELY STOP PAYMENT ON THE
29 CHECK AFTER RECEIPT OF ITS COPY OF THE SIGNED STATEMENT.
30 (2) THE CHECK WAS SENT TO THE RECIPIENT.
19750H0694B3023 - 21 -
1 (3) THE RECIPIENT SHALL BE INSTRUCTED ON HIS LIABILITY,
2 SHOULD THE LOST, STOLEN, DESTROYED OR NONRECEIVED CHECK COME
3 INTO HIS POSSESSION, TO RETURN SUCH CHECK IMMEDIATELY TO THE
4 COUNTY OFFICE AND THAT CASHING OR ATTEMPTING TO CASH SUCH CHECK
5 CONSTITUTES FRAUD.
6 SECTION 437. REPORTS TO GENERAL ASSEMBLY.--TWO COPIES OF ALL
7 REPORTS REQUIRED BY THE NATIONAL CENTER FOR SOCIAL STATISTICS OF
8 THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE SHALL BE
9 FURNISHED TO THE SENATE PUBLIC HEALTH AND WELFARE COMMITTEE AND
10 THE HEALTH AND WELFARE COMMITTEE OF THE HOUSE OF REPRESENTATIVES
11 WHEN THEY ARE SUBMITTED TO THE FEDERAL GOVERNMENT. SIMILAR
12 REPORTS PREPARED CONCERNING GENERAL ASSISTANCE, THE STATE BLIND
13 PENSION AND STATE SUPPLEMENTAL ASSISTANCE SHALL BE SIMILARLY
14 FURNISHED TO THE COMMITTEES.
15 SECTION 441.2. MEDICAL ASSISTANCE ELIGIBILITY.--MEDICAL
16 ASSISTANCE SHALL NOT BE GRANTED TO OR IN BEHALF OF ANY PERSON
17 WHO DISPOSED OF HIS REAL OR PERSONAL PROPERTY, OF THE VALUE OF
18 FIVE HUNDRED DOLLARS ($500), OR MORE, WITHOUT FAIR
19 CONSIDERATION, WITHIN TWO YEARS IMMEDIATELY PRECEDING THE DATE
20 OF APPLICATION FOR MEDICAL ASSISTANCE UNLESS HE IS ELIGIBLE FOR
21 STATE SUPPLEMENTAL ASSISTANCE OR UNLESS HE CAN CLEARLY SHOW THAT
22 THE TRANSFER WAS NOT PRIMARILY FOR THE PURPOSE OF ACQUIRING OR
23 RETAINING ELIGIBILITY FOR ASSISTANCE.
24 SECTION 6. SECTIONS 451, 481, 487 AND 488 OF THE ACT ARE
25 AMENDED TO READ:
26 SECTION 451. CONFORMITY WITH FEDERAL LEGISLATION.--
27 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT, WITH
28 THE APPROVAL OF THE GOVERNOR, MAY BY REGULATION GRANT [MEDICAL]
29 ASSISTANCE TO ANY PERSONS, MODIFY OR DISCONTINUE ANY TYPE OF
30 [MEDICAL] ASSISTANCE AND ESTABLISH NEW TYPES OF [MEDICAL]
19750H0694B3023 - 22 -
1 ASSISTANCE IN ORDER TO INSURE RECEIPT OF FEDERAL CONTRIBUTIONS
2 FOR SUCH [MEDICAL] ASSISTANCE. ANY SUCH REGULATION SHALL BE VOID
3 AT THE END OF THE REGULAR SESSION OF THE GENERAL ASSEMBLY HELD
4 DURING THE ODD-NUMBERED YEAR NEXT FOLLOWING THE ADOPTION OF THE
5 REGULATION.
6 SECTION 481. FALSE STATEMENTS; PENALTY.--(A) ANY PERSON WHO,
7 EITHER PRIOR TO, OR AT THE TIME OF, OR SUBSEQUENT TO THE
8 APPLICATION FOR ASSISTANCE, BY MEANS OF A WILFULLY FALSE
9 STATEMENT OF MISREPRESENTATION, OR BY IMPERSONATION OR OTHER
10 FRAUDULENT MEANS, SECURES, OR ATTEMPTS TO SECURE, OR AIDS OR
11 ABETS ANY PERSON IN SECURING ASSISTANCE, OR FEDERAL FOOD STAMPS,
12 UNDER THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR, AND, UPON
13 CONVICTION THEREOF, SHALL BE SENTENCED TO PAY A FINE NOT
14 EXCEEDING ONE THOUSAND DOLLARS ($1,000), OR TO UNDERGO
15 IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH, AND ALSO SHALL BE
16 SENTENCED TO MAKE RESTITUTION OF ANY MONEYS HE HAS RECEIVED BY
17 REASON OF ANY SUCH FALSE STATEMENT, MISREPRESENTATION,
18 IMPERSONATION, OR FRAUDULENT MEANS.
19 (B) ANY PERSON WHO, EITHER PRIOR TO OR AT THE TIME OF OR
20 SUBSEQUENT TO THE APPLICATION FOR ASSISTANCE, BY MEANS OF A
21 WILFULLY FALSE STATEMENT OR MISREPRESENTATION, OR BY
22 IMPERSONATION, OR OTHER FRAUDULENT MEANS, SECURES OR ATTEMPTS TO
23 SECURE ASSISTANCE OR FEDERAL FOOD STAMPS NOT EXCEEDING THREE
24 HUNDRED DOLLARS ($300) UNDER THIS ARTICLE SHALL, UPON CONVICTION
25 THEREOF IN A SUMMARY PROCEEDING, BE SENTENCED TO MAKE
26 RESTITUTION OF SUCH ASSISTANCE, AND TO PAY A FINE OF NOT MORE
27 THAN TWO HUNDRED DOLLARS ($200). [AND, IN DEFAULT OF MAKING
28 RESTITUTION AND THE PAYMENT OF THE FINE IMPOSED, TO UNDERGO
29 IMPRISONMENT NOT EXCEEDING SIXTY DAYS.] WHEN HAVING AVAILABLE
30 SUFFICIENT MEANS OR THE ABILITY TO ACQUIRE SUCH MEANS, WILLFULL
19750H0694B3023 - 23 -
1 FAILURE TO MAKE RESTITUTION AND PAY THE FINE IMPOSED SHALL
2 RESULT IN IMPRISONMENT NOT EXCEEDING SIXTY DAYS.
3 (C) THERE SHALL BE A FOUR-YEAR STATUTE OF LIMITATIONS ON ALL
4 OFFENSES UNDER THIS SECTION.
5 SECTION 487. INFORMATION TO BE SUPPLIED.--(A) EVERY BANK,
6 INDUSTRIAL BANK, CREDIT UNION, TRUST COMPANY, BANK AND TRUST
7 COMPANY, PRIVATE BANKER, AND BUILDING AND LOAN ASSOCIATION, OR
8 OTHER FINANCIAL INSTITUTIONS DOING BUSINESS IN PENNSYLVANIA,
9 SHALL, WHEN REQUESTED IN WRITING SO TO DO BY THE DEPARTMENT, OR
10 ANY COUNTY BOARD OR BY ANY OFFICIAL LEGISLATIVE INVESTIGATING
11 COMMITTEE, OR BY ANY AUTHORIZED AGENT THEREOF, DISCLOSE TO SUCH
12 DEPARTMENT, BOARD, COMMITTEE, OR AUTHORIZED AGENT, WHETHER OR
13 NOT ANY PERSON APPLYING FOR OR RECEIVING PUBLIC ASSISTANCE, OR
14 ANY LEGALLY RESPONSIBLE RELATIVE OF SUCH APPLICANT OR RECIPIENT,
15 HAS HAD, OR HAS ANY MONEY ON DEPOSIT WITH, OR INVESTED IN, SUCH
16 BANKING INSTITUTION OR BUILDING AND LOAN ASSOCIATION WITHIN ONE
17 YEAR PRIOR TO THEIR APPLICATION FOR ASSISTANCE, OR AT ANY TIME
18 THEREAFTER, THE AMOUNT AND DATE OF SUCH DEPOSIT OR INVESTMENT,
19 AND THE AMOUNTS AND DATES OF WITHDRAWALS THEREFROM.
20 (B) EVERY EMPLOYER SHALL, WHEN REQUESTED IN WRITING SO TO DO
21 BY THE DEPARTMENT OR ANY COUNTY BOARD OR BY ANY OFFICIAL
22 LEGISLATIVE INVESTIGATING COMMITTEE, OR BY ANY AUTHORIZED AGENT
23 THEREOF, DISCLOSE TO SUCH DEPARTMENT, BOARD, COMMITTEE, OR
24 AUTHORIZED AGENT WITHIN THIRTY DAYS, WHETHER OR NOT ANY PERSON
25 APPLYING FOR OR RECEIVING PUBLIC ASSISTANCE, OR ANY LEGALLY
26 RESPONSIBLE RELATIVE OF SUCH APPLICANT OR RECIPIENT HAS OR HAD
27 RECEIVED, OR WILL RECEIVE, ANY MONEY IN SALARY, WAGES,
28 COMMISSION, OR OTHER COMPENSATION FROM SUCH EMPLOYER, AND IF SO,
29 THE AMOUNT AND DATE OF SUCH SALARY, WAGES, COMMISSION, OR OTHER
30 COMPENSATION.
19750H0694B3023 - 24 -
1 SECTION 488. VIOLATION; PENALTY.--ANY BANK, INDUSTRIAL BANK,
2 CREDIT UNION, TRUST COMPANY, BANK AND TRUST COMPANY, PRIVATE
3 BANKER, BUILDING AND LOAN ASSOCIATION, OR OTHER FINANCIAL
4 INSTITUTION DOING BUSINESS IN PENNSYLVANIA, OR EMPLOYER WHO OR
5 WHICH WILFULLY VIOLATES THE PROVISIONS OF SECTION 487 OF THIS
6 ACT, OR WHO OR WHICH WILFULLY MAKES ANY FALSE OR MISLEADING
7 STATEMENT IN CONNECTION WITH ANY DISCLOSURE REQUIRED BY SAID
8 SECTION, SHALL BE GUILTY OF A MISDEMEANOR, AND UPON CONVICTION
9 THEREOF, SHALL BE SENTENCED TO PAY A FINE NOT EXCEEDING ONE
10 THOUSAND DOLLARS ($1000).
11 Section 1 7. Section 1016 OF THE act of June 13, 1967 <--
12 (P.L.31, No.21), known as the "Public Welfare Code," is amended
13 to read:
14 Section 1016. Right to Enter and Inspect.--For the purpose
15 of determining the suitability of the applicants and of the
16 premises or whether or not any premises in fact qualifies as a
17 facility as defined in section 1001 of this act or the
18 continuing conformity of the licensees to this act and to the
19 applicable regulations of the department, any authorized agent
20 of the department shall have the right to enter, visit and
21 inspect any facility licensed or requiring a license under this
22 act and shall have full and free access to the records of the
23 facility and to the individuals therein and full opportunity to
24 interview, inspect or examine such individuals.
25 An authorized agent of the department shall also confer with
26 the operators of facilities regarding the minimum standards of
27 the department, encourage the adoption of higher standards and
28 recommend methods of improving care and services.
29 SECTION 8. (A) SUBSECTION (B) OF SECTION 3, ACT OF JUNE 24, <--
30 1937 (P.L.2045, NO.397), KNOWN AS "THE SUPPORT LAW," IS REPEALED
19750H0694B3023 - 25 -
1 IN SO FAR AS IT IS INCONSISTENT HEREWITH.
2 (B) ALL OTHER ACTS AND PARTS OF ACTS, GENERAL, LOCAL AND
3 SPECIAL, ARE REPEALED IN SO FAR AS THEY ARE INCONSISTENT
4 HEREWITH.
5 SECTION 9. IF ANY PROVISION OF THIS ACT SHALL BE HELD
6 INVALID, THE REMAINDER OF THIS ACT SHALL NOT BE AFFECTED
7 THEREBY.
8 SECTION 10. THIS ACT SHALL APPLY ALSO TO THOSE FACILITIES
9 TRANSFERRED TO THE DEPARTMENT OF HEALTH BY REORGANIZATION PLAN
10 NO. 3 OF 1975.
11 Section 2 11. This act shall take effect in 60 days. <--
B18L63JS/19750H0694B3023 - 26 -