Eligibility based on domestic violence.
Effective Oct 12, 200232 Pa.B. 5048The provisions of this § 141.53 issued under 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); sections 201(1), 401(a), 403(b), 405, 405.1, 405.3, 432, 432(3) and (8) and 432.21(a) of the Public Welfare Code (62 P. S. § § 201(1), 401(a), 403(b), 405, 405.1, 405.3, 432, 432(3) and (8) and 432.21(a)); 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.
(a) Eligibility. A family may receive Extended TANF if the individual or other family member is or has been a victim of domestic violence, as defined in § 187.22 (relating to definitions) or is at risk of further domestic violence. Eligibility for Extended TANF under this section is subject to the following:
(1) Verification of domestic violence not required. No further verification of domestic violence is required if the individual or other family member has met one of the following:
- (i) A current or past good cause waiver of child support cooperation requirements.
- (ii) A current or past waiver of RESET requirements under Chapter 165 (relating to Road to Economic Self-Sufficiency Through Employment and Training (RESET)).
- (iii) Received time-out benefits under Chapter 281 (relating to time-out benefits) based on domestic violence.
(2) Verification or self-affirmation of domestic violence required. If the individual is not excused from providing verification of domestic violence under paragraph (1), the individual shall meet one of the following conditions:
- (i) Provide one of the types of verification specified in § 187.27(b)(1)(iv)—(vi) (relating to waiver of cooperation for good cause).
- (ii) Affirm in writing that the individual or other family member is at risk of domestic violence and unable to safely obtain other evidence.
- (3) Completion of form. The CAO and the individual shall complete the Domestic Violence Verification Form under § 187.27(b)(1)(vii), except that the 6-month limitation in § 187.27(b)(1)(vii)(C) does not apply. The perpetrator or alleged perpetrator of the domestic violence is prohibited from completing the Domestic Violence Verification Form.
- (b) Domestic violence services plan. The individual shall have a domestic violence services plan that meets the requirements of 45 CFR 260.55(c) (relating to what are the additional requirements for Federal recognition of good cause domestic violence waivers).
- (c) Duration. If otherwise eligible, a family may receive Extended TANF based on domestic violence for as long as necessary.
(d) Review of eligibility.
- (1) Review of eligibility. The CAO will review eligibility for Extended TANF based on domestic violence at least every 6 months.
- (2) Additional verification. No additional verification of domestic violence is required if circumstances have not changed.
- (e) Ineligibility. If the individual fails to comply with this section, the family is ineligible for Extended TANF under this section until the individual complies.
- (f) Other bases for eligibility. A family ineligible for Extended TANF based on domestic violence may be eligible for Extended TANF under § 141.54, § 141.55 or § 141.56 (relating to maximizing participation project; mandatory RESET participants; and deferred referral).
(g) Definition. As used in this section, the following word has the following meaning, unless the context clearly indicates otherwise:
Individual—The adult head of household or spouse of head of household.
Authority
The provisions of this § 141.53 issued under 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); sections 201(1), 401(a), 403(b), 405, 405.1, 405.3, 432, 432(3) and (8) and 432.21(a) of the Public Welfare Code (62 P. S. § § 201(1), 401(a), 403(b), 405, 405.1, 405.3, 432, 432(3) and (8) and 432.21(a)); 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.
Source
The provisions of this § 141.53 adopted October 11, 2002, effective October 12, 2002, 32 Pa.B. 5048.
Cross References
This section cited in 55 Pa. Code § 108.9 (relating to time limits); 55 Pa. Code § 141.51 (relating to policy); 55 Pa. Code § 141.56 (relating to deferred referral); 55 Pa. Code § 141.57 (relating to special allowances); and 55 Pa. Code § 141.61 (relating to policy).