Pennsylvania Code
Title 55 - HUMAN SERVICES
Part II - Public Assistance Manual
Subpart I - Other Income Maintenance Programs
Chapter 289 - EMERGENCY ASSISTANCE
GENERAL PROVISIONS
Section 289.4 - Procedures
Universal Citation: 55 PA Code ยง 289.4
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Authorized emergency assistance items. Although it is recognized that an individual or family may have needs which are not covered under emergency assistance, assistance shall be authorized only for the following items within the indicated amounts and limits.
(1)
Family cash assistance.
Family cash assistance will be authorized in accordance with the following
procedures:
(i) Family cash assistance may
only be authorized for families with children under age 21, who meet the
conditions in §
289.3 (relating to requirements)
and who do not qualify for either AFDC or AFDC-CU at the time emergency
assistance is first authorized. This includes migrant worker families with
children under age 21.
(ii) In
determining the amount of the family cash assistance grant, the need and
resource standards are the same as for the AFDC/CU program. Therefore, families
with children under age 21, who meet the conditions in § 289.3, and who
qualify for either AFDC or AFDC-CU at the time of application for emergency
assistance will be authorized C or CU assistance for the 30-day period, or less
as needed, in lieu of family cash assistance.
(iii) Family cash assistance will never be
granted concurrently with GA, AFDC or AFDC-CU.
(iv) Family cash assistance is not to be used
as a substitute for General Assistance. However, if it is determined that a
sudden, emergent situation does exist, for example, sudden unemployment, sudden
reduction of income, and so forth, emergency assistance (family cash
assistance) should be authorized.
(A)
Example 1. A father's employment suddenly terminates and the
family is without income or resources to meet the child(ren)'s needs. The
sudden unemployment, through no fault of the wage earner, creates a crisis for
the family, and upon application for public assistance, they are determined
ineligible for AFDC or AFDC-CU because of failure to meet the definitive
conditions. Because of the emergency situation, they would qualify for family
cash assistance for 30-consecutive days, or less as needed.
(B)
Example 2. A migrant
worker is not working because of general weather conditions, or because
maturity of crops delays harvesting. For reasons beyond the migrant worker's
control, the family is without income or resources to meet the child(ren)'s
needs. The family may be eligible for family cash assistance for 30-consecutive
days or less as needed.
(v) If, at the end of the 30-day emergency
assistance period, the family continues to be in need, regular assistance will
be authorized in the appropriate category. If the facts substantiate that the
migrant wage earner will definitely be employed when the conditions no longer
exist that created the crisis for the family, assistance will be continued in
the regular category until the migrant receives his first pay.
(vi) Need and eligibility for cash assistance
is determined using the income and resource standards in Subpart D (relating to
determination of need and amount of assistance). The payment amount is the
family size allowance plus special needs for the number of eligible persons in
the assistance unit as provided in §
175.23 (relating to
requirements).
(2)
Emergency shelter expenses. Emergency shelter expenses will be
authorized in accordance with the following procedures:
(i) Emergency assistance for total shelter
needs may be authorized to eligible families or individuals who meet the
eligibility criteria specified in §
289.3, except that no emergency
shelter expenses shall be paid to a full-time college student in the GA
category, unless he has received a Federally subsidized category of
assistance-AFDC, AFDC-CU, AFDC-F-within the previous 5 years. Total shelter
needs mean a payment for rent, mortgage or contract rent, that is, when
utilities are included in the rental payment.
(ii) Emergency shelter grants will not be
considered as income in computing the public assistance grant and are never
adjusted to an ongoing grant. The authorizations will be limited to only
shelter needs subject to the maximums specified below; and, all authorizations
must be approved in advance by the Executive Director or his delegate. If the
Executive Director must delegate this authority, it shall be to his assistant
but no lower than a second level supervisor.
(iii) Total shelter costs may be authorized
for families or individuals:
(A) To prevent
eviction or foreclosure as the result of an emergency. The maximum payment will
be the actual cost necessary to prevent eviction, but not to exceed three
months arrearages rent, or mortgage or contract payment subject to a maximum of
$100 per month or a maximum of $300 for 3 months arrearages. Shelter costs to
prevent eviction will only be authorized for arrearages of rent, mortgage or
contract payment. Payments for future months' shelter costs cannot be granted.
Payments may only be authorized if such payments will prevent eviction or
foreclosure. Necessary documentation to substantiate that the payment will
prevent eviction or foreclosure is required prior to any authorization.
Nonpayment of rent resulting in eviction is not in itself an emergency. The
nonpayment of rent must have been caused by unexpected circumstances over which
the client had no control. Clients who are being evicted or foreclosed because
of money mismanagement will be offered social services, not emergency
assistance.
(B) To provide living
quarters to persons who are homeless as the result of an emergency. The maximum
payment for a family/individual who is homeless because of an emergency is the
actual cost subject to a maximum payment of $100. Payments are authorized as
soon as possible but no earlier than 30 days prior to the date the individual
or family is actually going to move. Payments may only be authorized provided
there is evidence that the individual or family is homeless, and has, in fact,
obtained or committed himself or themselves to new living accommodations.
Necessary documentation to substantiate the following will be required prior to
authorization. Persons will be considered to be homeless when:
(I) The individual/family is already without
a place to stay.
(II) The
individual or family had a home immediately prior to the emergency and is
temporarily staying with relatives or friends, or is staying in nonprivate
temporary shelter such as with the Salvation Army, or the like.
(III) The individual/family is continuing to
live in a dwelling but, because of the emergency, it is imminent that the
individual or family will have to move from his home within 30 days.
(C) To provide for temporary
shelter when the home is not habitable as the result of an emergency. The
maximum payment for temporary shelter is the actual cost necessary to house the
family or individual not to exceed one month's duration, subject to a maximum
of $100. Payments may only be authorized to persons or families who are not
able to live in their home because it is not habitable, provided there is
evidence that the home is, in fact, not fit for human habitation, and the
person or family has committed himself or themselves to securing temporary
housing. Necessary documentation to substantiate that the home is not habitable
is required prior to authorization.
(3)
Emergency Medical
Assistance. Emergency Medical Assistance will be authorized in
accordance with the following procedures:
(i)
Families with children under 21 who qualify for family cash assistance under
EA, including migrant worker families, will also be eligible for Medical
Assistance (categorically needy) for the same period family cash assistance is
authorized. This period may not exceed 30 consecutive days, but may be for a
lesser period as needed. The category symbol "EA" will be used to identify
these cases on the Medical Eligibility File and the Form PA 5-A, Medical ID
card. Medical ID cards are issued manually in accordance with the procedures in
subsection (b)(3) and (4).
(ii)
Families and individuals, including migrant workers, applying for medical
assistance (Medically Needy only) as the result of an emergency situation will
be eligible for emergency medical assistance services if their resources are
within the resource standards of the Medical Assistance Program defined in
§
177.81(reserved).
The suffix "E" will be added to the category symbol to identify migrant workers
as provided for in §
141.81(c)
(relating to eligibility policy for Medically Needy
Only).
(b) Procedures for authorizing Emergency Assistance. A basic finding must be made that an emergency, as defined in § 289.2 (relating to definitions) does exist and that the individual or family qualifies for Emergency assistance as provided in § 289.3. Emergency assistance grants are always paid directly to the client. Payments are never made to a vendor or with a restricted endorsement. Grants issued with restricted endorsement do not qualify for Federal matching funds.
(1)
Applicants qualifying for AFDC or AFDC-CU. If the applicant
qualifies for AFDC or AFDC-CU and the emergency situation includes shelter
needs the following procedures will be followed:
(i) Regular "C or CU" assistance using the
usual disbursement procedure will be authorized, with the initial grant issued
from the county disbursement fund.
(ii) A Form PA 122-E, Category D, Action Code
H, and Financial Code 120 will be authorized. The period covered will be the
actual period of time covered by the shelter grant, not to exceed three month's
arrearages or one month's rent. In the "comment" section of the Form PA 122-E,
"Emergency Shelter Assistance" will be indicated along with the number of
adults and children in the case. The "Persons in Grant" block will be completed
but not the "AFDC Children" and "Specified Relative" blocks.
(iii) No further emergency assistance may be
granted until 12 months from the date of initial authorization. Reference
should be made to §
289.3(c).
(2)
Recipients of AFDC or
AFDC-CU. If the AFDC or AFDC-CU recipient qualifies for an emergency
shelter grant as defined in subsection (a)(2), the following procedures will be
followed:
(i) A Form PA 122-E, Category D,
Action Code H and Financial Code 120 will be authorized. The period covered
will be the actual period of time covered by the shelter grant, not to exceed
three months arrearages or one month's rent. In the "comment" section of the PA
122-E, "Emergency Shelter Assistance" will be indicated along with the number
of adults and children in the case. The "Persons in Grant" block will be
completed, but not the "AFDC Children" and "Specified Relative"
blocks.
(ii) No further emergency
assistance may be granted until 12 months from the date of initial
authorization. Reference should be made to §
289.3(c).
(3)
Applicants not
qualifying for AFDC or AFDC-CU with children under 21. If the
applicant meets the requirements for emergency assistance as defined in §
289.3, the following procedures
will be followed:
(i) Family cash assistance
as defined in subsection (a)(1) will be authorized by issuing a county
disbursement check for the 30-day period or less as needed, using Category D,
Financial Code 120 and Action Code H on the Form PA 122-E. In the comments
section of the Form PA 122-E "Family Cash Assistance" will be indicated along
with the number of adults and children in the case. The "Persons in Grant"
block, will be completed but not the "AFDC Children" and "Specified Relative"
blocks.
(ii) A Form PA 5-A Medical
ID card will be manually issued for the 30-day period or less as needed, using
category EA.
(iii) A Form PA
743-NCE transaction, category EA, will be submitted for the 30-day period or
less as needed.
(iv) At the end of
the 30-day period if need continues, a Form PA 122, Category D will be
submitted, to open the Cash Disbursement case and Form PA 743, Category D, will
be attached to open the case on the Medical Eligibility file.
(v) In addition to the family cash
assistance, the case may be eligible within the 12-month period for a shelter
grant as defined in subsection (a)(2). This grant, however, is solely State
funded.
(A) If the case is actively receiving
a cash grant a Form PA 122-E, Category D, Action Code G, and Financial Code 305
will be authorized for the period covered as provided in subsection
(a)(2).
(B) If the case is not
receiving a cash grant, a Form PA 122-E, Category D, Action Code H, and
Financial Code 305 will be authorized for the period covered as provided in
subsection (a)(2).
(4)
Recipients not qualifying for
AFDC or AFDC-CU with children under 21. If it is determined that an
emergency situation exists, as defined in §
289.2 (relating to definitions),
and EA has not been granted within the last 12 consecutive months, the case
will be eligible for Family Cash Assistance as defined in subsection (a)(1):
(i) A Form PA 122 will be submitted to close
the D category case on the cash disbursement file and the Medical Eligibility
file.
(ii) A county disbursement
check will be issued to the D case for the 30-day period or less as needed,
using Financial Code 120 and Action Code H on the Form PA 122-E. In the
comments section of the Form PA 122-E "Family Cash Assistance" will be
indicated along with the number of adults and children in the case. The
"Persons in Grant" block will be completed but not the "AFDC Children" and
"Specified Relative" blocks.
(iii)
A Form PA 743-NCE transaction will be submitted to open the case for the 30-day
period or less as needed, using Category EA.
(iv) A Form PA 5-A Medical ID card will be
manually issued for the 30-day period or less as needed, using Category
EA.
(v) At the end of the 30-day
period, if need continues, a Form PA 122 will be submitted to reopen the cash
disbursement case and a Form PA 743 will be attached to reopen the D case on
the medical eligibility file.
(vi)
In addition to the family cash assistance the case may be eligible within the
12-month period for a shelter grant as defined in subsection (a)(2). This
grant, however, is solely State funded.
(A) If
the case is actively receiving a cash grant, a Form PA 122-E, Category D,
Action Code G, and Financial Code 305 will be authorized for the period covered
as provided in subsection (a)(2).
(B) If the case is not receiving a cash
grant, a Form PA 122-E, Category D, Action Code H, and Financial Code 305 will
be authorized for the period covered as provided in subsection
(a)(2).
(5)
Applicants not qualifying for AFDC or AFDC-CU with no children under
21. If the applicant meets the requirements for Emergency Assistance
as defined in §
289.2 and the emergency situation
includes shelter needs as defined in subsection (a)(2):
(i) A regular ongoing GA Grant will be
authorized using the regular disbursement procedure, with the initial grant
issued from the county disbursement fund.
(ii) A Form PA 122-E, Category D, Action Code
G and Financial Code 305 will be authorized for the period covered as provided
in subsection (a)(2).
(iii) No
further Emergency Assistance may be granted until 12 months from the date of
initial authorization. Reference should be made to § 289.3(c) (relating to
requirements).
(6)
Recipients not qualifying for AFDC or AFDC-CU with no children under
21. If the recipient meets the requirements for Emergency Assistance
as defined in §
289.2 and the emergency situation
is for shelter needs as defined in subsection (a)(2), the following procedures
will be followed:
(i) A Form PA 122-E,
Category D, Action Code G and Financial Code 305 will be authorized for the
period covered as provided in subsection (a)(2).
(ii) No further emergency assistance may be
granted until 12 months from the date of initial authorization. Reference
should be made to § 289.3(c).
The provisions of this §289.4 issued under the Public Welfare Code (62 P. S. § 403(b)).
This section cited in 55 Pa. Code § 141.61 (relating to policy); 55 Pa. Code § 147.61 (relating to GA residence policy); and 55 Pa. Code § 289.1 (relating to policy).
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