AN ACT

 

1Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2act to consolidate, editorially revise, and codify the public
3welfare laws of the Commonwealth," in public assistance,
4further providing for determination of need.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 432.12 of the act of June 13, 1967
8(P.L.31, No.21), known as the Public Welfare Code, is amended by
9adding subsections to read:

10Section 432.12. Determination of Need.--* * *

11(d) In determining the amount of assistance payments to a
12recipient family of benefits under the Temporary Assistance to
13Needy Families (TANF) Program, the department shall revise the
14schedule of benefits to be paid to the recipient family by
15eliminating the increment in benefits under the program for
16which that family would otherwise be eligible as a result of the
17birth of a child conceived during the period in which the family
18is eligible for benefits under the TANF Program, or during a
19temporary period in which the family or recipient is ineligible

1for benefits under the TANF Program pursuant to a penalty
2imposed by the department for failure to comply with benefit
3eligibility requirements, subsequent to which the family or
4recipient is again eligible for benefits. The department shall
5provide instead that a recipient family in which the recipient
6parents an additional child conceived during the recipient's
7period of eligibility for benefits under the TANF Program, or
8during a temporary penalty period of ineligibility for benefits,
9may receive additional benefits only pursuant to subsection (e),
10except in the case of a general increase in the amount of
11benefits under the TANF Program which is provided to all program
12recipients and provide that any child support paid for the
13excluded child should be paid to the family for the benefit of
14the excluded child and should be disregarded in computing the
15amount of financial assistance which is available to the rest of
16the family.

17(e) In the case of a family that receives benefits under the
18TANF Program in which the recipient parents an additional child
19conceived during the period in which the family is eligible for
20benefits under the TANF Program, or during a temporary penalty
21period of ineligibility for benefits subsequent to which the
22family of the recipient again becomes eligible for benefits, the
23department, subject to Federal approval, shall, in addition to
24eliminating the increase in the benefit as provided in
25subsection (d), provide that in computing the amount of
26financial assistance which is available to the family that
27receives benefits under the TANF Program, the monthly earned
28income disregard for each employed person in the family shall
29increase by an amount equal to that which the family would have
30otherwise received by parenting an additional child, adjusted

1for family size.

2(f) Elimination of benefits under subsection (d) shall not
3apply to any child conceived as a result of rape or incest if
4the department:

5(1) receives a non-notarized, signed statement from the
6pregnant woman stating that she was a victim of rape or incest,
7as the case may be, and that she reported the crime, including
8the identity of the offender, if known, to a law enforcement
9agency having the requisite jurisdiction or, in the case of
10incest where a pregnant minor is the victim, to the county child
11protective service agency and stating the name of the law
12enforcement agency or child protective service agency to which
13the report was made and the date such report was made;

14(2) receives the signed statement of the pregnant woman
15which is described in this subsection. The statement shall bear
16the notice that any false statements made therein are punishable
17by law and shall state that the pregnant woman is aware that
18false reports to law enforcement authorities are punishable by
19law; and

20(3) verifies with the law enforcement agency or child
21protective service agency named in the statement of the pregnant
22woman whether a report of rape or incest was filed with the
23agency in accordance with the statement. The Commonwealth agency
24shall report any evidence of false statements or of fraud in the
25procurement or attempted procurement of any payment from Federal
26or State funds appropriated by the Commonwealth pursuant to this
27subsection to the district attorney of appropriate jurisdiction
28and, where appropriate, to the Attorney General.

29Section 2. This act shall take effect in 60 days.