PRINTER'S NO. 1699
No. 1445 Session of 1975
INTRODUCED BY BARBER, RICHARDSON, VANN AND OLIVER, JUNE 11, 1975
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, JUNE 12, 1975
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 time
4 in which benefits are to be paid and establishing
5 requirements for a hearing.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The section heading and section 431, act of June
9 13, 1967 (P.L.31, No.21), known as the "Public Welfare Code,"
10 amended July 31, 1968 (P.L.904, No.273), are amended to read:
11 Section 431. Application and Hearing Requirements.--(a)
12 Every person applying for public assistance shall be required to
13 sign a statement setting forth his financial status and such
14 other facts as may be required by the department, in order to
15 determine whether such person is entitled to public assistance.
16 Every such applicant shall make affidavit that the facts set
17 forth in such statement are true and correct. Every person
18 employed in the administration of public assistance shall have
19 power to administer oaths for the purpose of carrying into
1 effect the provisions of this section.
2 (b) The final determination of an applicant's request for
3 assistance, service or benefit, including food stamps and
4 medical assistance, and authorization for same, if appropriate,
5 shall be made no later than ten calendar days following the
6 initiation of the applications. An application shall be
7 considered to be initiated whenever the applicant expresses an
8 intent to the district office to receive the assistance,
9 services or benefit. This intent may be expressed in person, by
10 phone, in writing, or, when appropriate, by a third person. When
11 assistance is authorized, it shall be paid as of the first day
12 of initiation of the application as defined above.
13 (c) In all cases where a recipient or applicant has
14 requested a benefit or service and has been denied such benefit
15 or service, a hearing shall be held within thirty days of the
16 recipient's or applicant's request for such hearing. If a
17 hearing is not held within thirty days or decision rendered
18 within ten days thereafter, the benefits or services shall be
19 provided immediately to the aggrieved applicant or recipient.
20 Hearing officers shall authorize subpoenas enforceable by the
21 local county court of common pleas for persons and documents
22 requested by appellants for appearance or production at any
23 hearing to be held.
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