1. (a) If the sponsor is an individual. For a period of 3 years following an alien’s entry into the United States, income is deemed available from the sponsor and the sponsor’s spouse if the following conditions are met:

   1. (1) The sponsor and the sponsor’s spouse live together and do not receive TANF, GA, SBP or SSI.
   2. (2) The sponsor signed an affidavit of support or a similar agreement on behalf of the alien as a condition of the alien’s entry into the United States.
   3. (3) The alien filed an application for TANF or GA for the first time after September 30, 1981.
   4. (4) The alien has resided in the United States for purposes of permanent residency less than 3 years.
   5. (5) The alien is not a dependent child, stepchild or a spouse of the sponsor.

   6. (6) The alien’s admission to the United States is not as a result of the application of the following provisions of the Immigration and Nationality Act:

      1. (i) Section 207(c), effective March 31, 1980—Aliens Admitted as Refugees (8 U.S.C.A. § 1157(c)).
      2. (ii) Section 203(a)(7), effective prior to April 1, 1980—Aliens Admitted as Conditional Entrant Refugees (8 U.S.C.A. § 1153(a)(7)).
      3. (iii) Section 208—Aliens Granted Political Asylum by the Attorney General (8 U.S.C.A. § 1158(a)(5)).
      4. (iv) Section 212(d)(5)—Aliens Granted Temporary Parole Status by the Attorney General (8 U.S.C.A. § 1182(d)(5)).
   7. (7) The alien’s admission to the United States is not as a result of the application of section 501(e) of the Refugee Education Assistance Act of 1980 (8 U.S.C.A. § 1522 note), relating to Cuban and Haitian entrants.

2. (b) If the sponsor is an agency. For a period of 3 years following the alien’s entry into the United States, an alien sponsored by a public or private agency under subsection (a)(2) is eligible for assistance if the following conditions are met:

   1. (1) The alien meets the requirements of subsection (a)(4)—(7).
   2. (2) The agency no longer exists or the alien provides documentation certified as correct by the agency’s financial officer or a certified accountant that the agency’s income is not sufficient to meet the alien’s needs.

Authority

The provisions of this § 183.36 issued under section 403(b) of the Public Welfare Code (62 P. S. § 403(b)).

Source

The provisions of this § 183.36 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3921.

Cross References

This section cited in 55 Pa. Code § 183.105 (relating to increases in income).