Current through Register Vol. 54, No. 24, June 15, 2024
Section 187.25 - Notification to the applicant or recipient(a)Cash assistance sought or received for an unemancipated minor child. Before requiring cooperation under § 187.23(b) (relating to requirements), the CAO will provide oral and written notice of the cooperation requirements to the applicant or recipient. The oral and written notice will advise the applicant or recipient of the following: (1) The potential benefits that the unemancipated minor child may derive from the cooperation of the applicant or recipient in establishing paternity and obtaining support.(2) Cooperation is a condition of eligibility.(3) Failure to cooperate without good cause will result in the reduction of the cash assistance allowance by 25%.(4) The right to claim good cause, good cause circumstances, proving the good cause claim, and the good cause determination under § 187.27 (relating to waiver of cooperation for good cause).(5) The CAO will waive the cooperation requirements when the CAO, the court of common pleas or the DRS determines that good cause exists.(6) A finding of noncooperation of an applicant or recipient does not affect the LRR's duty to pay support.(b)Cash assistance sought or received for a spouse. Before requiring cooperation under § 187.23(c), the CAO will provide oral and written notice to the applicant or recipient of the cooperation requirements and the right to claim good cause. The oral and written notice will advise the applicant or recipient of the information specified in subsection (a).The provisions of this § 187.25 adopted September 13, 2002, effective retroactively to March 3, 1997, with the exception of subsections (a), (a)(3) and (b), which are effective 9/14/2002, 32 Pa.B. 4435.The provisions of this § 187.25 amended under sections 201(2), 403(b) and 432 of the Public Welfare Code (62 P. S. §§ 201(2), 403(b) and 432); the Support Law (62 P. S. §§ 1971-1977); Titles I and III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193) (PRWORA), creating the Temporary Assistance for Needy Families (TANF) Program, and amending 42 U.S.C.A. §§ 601-619, 651-669(b) and 1396u-1; 5543 of the Balanced Budget Act of 1997 (Pub. L. No. 105-33) (42 U.S.C.A. § 653(p)); the Federal TANF regulations in 45 CFR 260.10-265.10; and the Domestic Relations Code, 23 Pa.C.S. §§ 4301-4381, 5103, 7101-7901 and 8101-8418.