Current through Register Vol. 54, No. 52, December 28, 2024
(a)
Conditions of eligibility. The following relates to
eligibility for GA:
(1) An individual is
eligible for GA under the requirements established in subsection (d) and if the
appropriate eligibility conditions in the following chapters are met:
(i) Chapter 145 (relating to age).
(ii) Chapter 147 (relating to
residence).
(iii) Chapter 149
(relating to citizenship and alienage).
(iv) Chapter 161 (relating to persons in
institutions).
(v) Chapter 163
(relating to guardians and trustees).
(vi) Chapter 165 (relating to road to
economic self-sufficiency through employment and training (RESET)
program).
(vii) Chapter 177
(relating to resources).
(viii)
Chapters 125 and 127 (relating to application process; and reserved).
(ix) Chapter 255 (relating to
restitution).
(x) Chapter 257
(relating to reimbursement).
(xi)
Furthermore, eligibility for GA requires that the person is not receiving SBP
or SSI. However, a person receiving SSI, but who is receiving less than the
maximum SSI payment may receive assistance to supplement his SSI. Refer to
§§
297.1(e)(4) and
297.3(n)
(relating to policy; and requirements).
(xii) Furthermore, eligibility for GA
requires that the person be ineligible for TANF and Extended TANF because of
failure to meet TANF and Extended TANF definitive conditions. An applicant or
recipient who does not qualify for TANF or Extended TANF solely because of a
refusal or failure, without good cause, to establish eligibility for TANF or
Extended TANF is ineligible for GA. A person meeting definitive conditions but
ineligible for TANF because of income, resources or participation in a strike
is not eligible for GA. A person who refuses without good cause to cooperate in
establishing paternity or support as required in the TANF or Extended TANF
program is ineligible for GA. A family in which an adult refuses or fails,
without good cause, to cooperate in establishing and maintaining eligibility
for Extended TANF as provided in §§
141.53-141.56 is also ineligible
for GA.
(xiii) Furthermore, a
full-time student at a college or university is not eligible as a categorically
needy person for General Assistance-cash grant (GA) or Medical Assistance
(PD)-unless he has participated in a Federally subsidized program for dependent
children-TANF-within the previous 5 years.
(xiv) A GA cash assistance applicant is
ineligible for 30 days after the termination of employment if the applicant
voluntarily terminates the employment without good cause. Good cause includes
the circumstances beyond a person's control specified §
165.52(a)
(relating to good cause).
(2) Before authorizing GA to a family with
dependent children, a thorough determination shall be made as to whether the
family meets the definitive conditions for TANF or Emergency Assistance
(EA-Family Cash Assistance). For GA cases with dependent children, the case
narrative shall substantiate that the TANF and EA categories were considered
and include the reason the case was not eligible for one of these three
categories.
(3) Otherwise eligible
families with children under the age of 21 who do not qualify for TANF shall be
authorized EA-Family Cash Assistance because an emergency situation has caused
the family's need for financial help. The family shall qualify for EA-Family
Cash Assistance for up to 30-consecutive days within a 12-month period. To
authorize EA-Family Cash Assistance, procedures in §
289.4(b)
(relating to procedures) for applicant/recipient families with children under
21 who do not qualify for TANF shall be applied. EA-Family Cash Assistance
shall never be granted concurrently with GA.
(4) Only the Executive Director, or District
Supervisor in districted counties, shall approve GA authorizations of cases
with dependent children under §
227.24(j)(5)(viii) (relating to
procedures).
(b)
Social Security number required. A Social Security number is
required for each family member for whom assistance is to be granted or is
being received. If a Social Security number is needed and no application has
been made, it is the responsibility of the CAO to complete and submit the SSA-5
application form.
(c)
Determining GA categorical eligibility. An applicant for, or
recipient of, GA is determined to be eligible in accordance with the following:
(1) A person is eligible to receive GA for an
indeterminate period due to medical, social or related circumstances. Persons
who may qualify for GA are limited to the following:
(i) A child who is under age 18; or who is 18
through 20 years of age and is attending a secondary or equivalent vocational
or technical school full-time and may reasonably be expected to complete the
program before reaching 21 years of age. Age, school enrollment and attendance
shall be verified.
(ii) Parents
residing in a two-parent household with their child who is under 13 years of
age or their child who is under 21 years of age and who has a disability. The
age, residence and disability (if applicable) of the child shall be verified.
Both parents as well as the child shall be included in the application. If the
family is ineligible under this provision, either parent or child may qualify
under another criterion.
(iii) A
person who has been assessed by a physician or psychologist as having a
temporary or permanent disability which precludes him from working in any
gainful employment. The following conditions apply:
(A) Documentation which demonstrates the
relationship between the disability and the inability to work shall be provided
by the client during the application interview for cash assistance or, in the
case of recipients, within 30-calendar days after the date of the
redetermination.
(B) With the
exception of documentation under subclause (II), documentation shall be on a
form provided by the Department and completed by a physician or a psychologist.
(I) The CAO's medical consultant may be used
in those cases that the IMU worker is unable to establish the inability to work
based on the disability.
(II) The
verification may also be provided by sources including, but not limited to, the
SSA indicating approval for disability benefits or on a disability
determination of 50% or greater made by the Department of Veterans Affairs
(DVA). A medical certification of disability provided by the Department's
Medical Review Team (MRT) is also acceptable documentation of illness or
disability. Documentation from sources other than the SSA, DVA or MRT is also
acceptable if it clearly states the relationship between the disability and the
person's employability. In addition, this documentation shall be less than 6
months old at the time of application or redetermination unless the condition
to which it refers is permanent or chronic. The verification of physical or
mental disability shall be based on acceptable clinical and laboratory
diagnostic techniques rather than a statement of symptoms by the applicant or
recipient.
(C) An
applicant or recipient who claims a physical or mental disability which
temporarily or permanently precludes the applicant or recipient from any
gainful employment but who does not have the documentation at the application
or within 30 days of the redetermination interview shall be determined
ineligible for GA until the documentation is presented to the CAO. The CAO
shall determine eligibility for the MNO Program to cover the cost of the
employability assessment only for persons who allege eligibility based on a
physical or mental disability. Reasonable accommodations to assist a person to
secure documentation during this period shall be provided to a person who is
prevented from cooperating due to a physical or mental disability.
(D) A person who has a serious physical or
mental disability which prevents employment and which is documented in
accordance with this subparagraph may be authorized as GA even if the person is
undergoing active treatment or has undergone treatment for substance abuse in a
drug or alcohol treatment program. Eligibility for GA on the basis of having a
serious physical or mental disability is not contingent upon participation in a
drug or alcohol treatment program as long as the person remains disabled after
the substance abuse is successfully treated.
(E) A person who has a disability solely
related to substance abuse that prevents employment and which has been
documented in accordance with this subparagraph may be authorized as GA.
Eligibility for GA on this basis is contingent upon accepting and participating
in available drug or alcohol treatment services.
(F) An applicant or recipient who has a
verified physical or mental disability which is temporary shall seek
appropriate treatment as a condition of eligibility.
(iv) A nonparental caretaker of a child under
13 years of age or a caretaker of an individual who is ill or disabled. The
caretaker shall reside with the individual for whom he provides care and his
presence must be required. A caretaker's presence in the home will not be
considered as required if there is another person in the home who is able to
provide the care without the need for GA. The caretaker shall provide
documentation of the age of the child or the illness or disability of the
individual needing care.
(v) A
person who is undergoing active treatment for substance abuse in a drug or
alcohol treatment program licensed or approved by the Department of Health or
administered by an agency of the Federal government as long as the treatment
precludes the person from engaging in any form of employment. Eligibility under
this criterion is limited to a maximum of 9 months in the lifetime of the
person regardless of whether or not treatment is continuing upon expiration of
the 9-month time limit.
(vi) A
pregnant woman whose pregnancy has been medically verified and who is
ineligible for TANF.
(vii) A person
who is a victim of domestic violence or another abusive living situation and is
receiving protective services. It is not necessary that the service be
continuous or rendered on a daily, weekly or monthly basis. Eligibility under
this criterion is limited to a maximum of 9 months in the lifetime of the
person, regardless of whether or not protective services are continuing upon
expiration of the 9-month time limit. The person shall verify that the person
is receiving one of the following protective services, or is involved in one of
the following activities:
(A) Residing in an
emergency shelter or emergency housing for abused persons.
(B) Receiving supportive counseling from a
professional counseling source.
(C)
Receiving social services to prevent further potential abuse.
(D) Receiving social services necessary to
enable the person to remain in his own home.
(E) Filing of assault or battery or other
charges with a law enforcement agency related to seeking protection from the
abuser.
(F) Obtaining a restraining
order or peace bond against the abuser.
(G) Receiving services from any branch of
government (including the courts or the police) or agency meant to counsel or
protect the individual from abuse. Information provided by or on behalf of a
victim of abuse is confidential and subject to Chapter 105 (relating to
safeguarding information).
(2) GA recipients are eligible for the MNO
level of benefits. In addition, these persons receive coverage for prescribed
medications. GA recipients eligible for Federally-funded MA receive additional
benefits under the MA Program. Children under age 21, pregnant women, migrants,
refugees eligible for MA up to 8 months from date of entry into the United
States, as specified in 45
CFR 400.90 (relating to basis and scope),
repatriated nationals and persons who have applied for or been referred to the
SSA for Social Security or SSI disability benefits qualify for Federally-funded
MA.
The provisions of this § 141.61 amended under sections
201(2), 401(a), 403(b), 405, 405.1, 405.3, 432, 432.12 and 432.21(a) of the
Public Welfare Code (62 P. S. §§
201(2),
401(a), 403(b), 405, 405.1,
405.3, 432, 432.12 and 432.21(a)); sections 402(a)(7)(A)(iii) and (B) and
408(a)(7)(A) and (C) of the Social Security Act (42 U.S.C.A. §§
602(a)(7)(A)(iii) and (B)
and 608(a)(7)(A) and
(C));
45 CFR
264.1(c); the act of May 16,
1996 (P. L. 175, No. 35); and the Domestic Relations Code,
23 Pa.C.S. 4301-4381,
5103,
7101-7901 and
8101-8418).
This section cited in 55 Pa. Code §
108.7 (relating to requirements
subject to waiver); 55 Pa. Code §
141.21 (relating to policy); 55
Pa. Code §
141.71 (relating to policy); and
55 Pa. Code §
145.64 (relating to
procedures).