55 Pa. Code § 161.21

Current through Register Vol. 54, No. 44, November 2, 2024
Section 161.21 - Policy
(a) The Social Security Act (42 U.S.C.A. §§ 301-1397f), provides that Federal participation cannot be obtained for payments made to or on behalf of a person who is an inmate of a public institution, except as a patient in a medical institution, or who is a patient in an institution for tuberculosis or mental disease.
(b) The Public Assistance Law, as amended, prohibits granting GA to an inmate of a public institution. Blind Pension may be granted to a blind person who is an inmate of a public institution if it is not a mental, penal, reform, or correctional institution.
(c) Both the Social Security Act (42 U.S.C.A. §§ 301-1397f) and the Public Assistance Law prohibit the granting of AFDC to a child or caretaker residing anywhere but in "his or their home."
(d) The act of June 29, 1953 (P. L. 300, No. 64) (62 P. S. §§ 2561-2565) (repealed 1967) defines an institution as an establishment which furnishes food and shelter to three or more persons unrelated to the proprietor, and which provides some care or service which meets a need beyond the basic provision of food, shelter and laundry. The following institutions come within the meaning of the definition:
(1) Homes for the aged and infirm.
(2) Nursing homes.
(3) Convalescent homes.
(4) Boarding homes for adults which provide personal care and services.
(5) Rehabilitation centers providing living-in facilities.
(6) Hospitals.
(7) Infirmaries providing living-in arrangements.

55 Pa. Code § 161.21