Section 432 - EligibilityExcept as hereinafter otherwise provided, and subject to the rules, regulations, and standards established by the department, both as to eligibility for assistance and as to its nature and extent, needy persons of the classes defined in clauses (1), (2), and (3) shall be eligible for assistance:
(1) Persons for whose assistance Federal financial participation is available to the Commonwealth as aid to families with dependent children or as other assistance, and which assistance is not precluded by other provisions of law.(2) Persons who are eligible for State supplemental assistance.(i) State supplemental assistance shall be granted to persons who receive Federal supplemental security income for the aged, blind and disabled pursuant to Title XVI of the Federal Social Security Act. (ii) State supplemental assistance shall also be granted to persons who are aged, blind and disabled, as defined in Title XVI of the Federal Social Security Act, and whose income, pursuant to the standards and income disregards of Title XVI of the Social Security Act, is less than the combined income of the Federal payments under the supplemental security income program and the State supplemental assistance payments established pursuant to the provisions of this act.(iii) In establishing the amounts of the State supplemental assistance, the department shall consider the funds certified by the Budget Secretary as available for State supplemental assistance, pertinent Federal legislation and regulation, the cost-of-living and the number of persons who may be eligible.(iv) Beneficiaries of State supplemental assistance shall be eligible for cash State financial assistance to cover the cost of special needs as defined by statute and regulations promulgated under this act.(v) After the amounts of assistance payments have been determined by the department with the approval of the Governor and General Assembly, the amounts of assistance payments shall not be reduced as a consequence of assistance increases, including but not limited to cost-of-living increases, provided through Federal legislation.(vi) After the amounts of assistance payments have been determined by the department with the approval of the Governor and General Assembly, the amounts of assistance payments shall not be increased without the approval of the General Assembly in accordance with the procedure established by the act of April 7, 1955 (P.L. 23, No. 8), known as the "Reorganization Act of 1955," and a message to the General Assembly from the Governor for the purposes of executing such function shall be transmitted as in other cases under the Reorganization Act.(3) Other persons who are citizens of the United States, or lawfully admitted aliens who are eligible for general assistance.(i) Persons who may be eligible for general assistance for an indeterminate period as a result of medical, social or related circumstances shall be limited to: (A) A child who is under age eighteen or who is eighteen through twenty years of age and attending a secondary or equivalent vocational or technical school full-time and may reasonably be expected to complete the program before reaching twenty-one years of age.(B) Persons who are parents residing in two-parent households with their child who is under thirteen years of age unless the child is thirteen years of age or older and has a verified disability. Every possible effort shall be made by the department to place these persons in the AFDC program.(C) A person who has been assessed by a physician or psychologist as having a verified physical or mental disability which temporarily or permanently precludes him or her from any gainful employment. The verification of the physical or mental disability must be established by written documentation in a form prescribed by the department and must be based on acceptable clinical and laboratory diagnostic techniques, rather than a statement of symptoms by the applicant or recipient. The department may also require the applicant or recipient to submit to an independent examination as a condition of receiving assistance. An applicant or recipient with a verified physical or mental disability which is temporary in nature shall pursue appropriate treatment as a condition of receiving assistance.(D) A person who is a nonparental caretaker of a child under thirteen years of age or a caretaker of another person because of illness or disability. Such child or other person must be a member of the household and the caretaker must be a person whose presence is required in the home to care for another person as determined in accordance with department regulations. Assistance shall not be granted to a person under this clause if there is another adult in the household who is capable of providing the care without general assistance being required.(E) A person who is currently undergoing active treatment for substance abuse in a drug and alcohol program licensed or approved by the Department of Health or administered by an agency of the Federal Government. A person shall only qualify for general assistance under this clause if the treatment program precludes the person from any form of employment in accordance with standards established by the department. No individual shall qualify for general assistance under this clause for more than nine months in a lifetime.(F) A pregnant woman whose pregnancy has been medically verified.(G) A person who is a victim of domestic violence and who is receiving protective services as defined by the department. No individual shall qualify for general assistance under this provision for more than nine months in that person's lifetime.(ii) General assistance shall continue as long as the person remains eligible. Redeterminations shall be conducted on at least an annual basis, and persons shall be required to seek employment, accept any offer of employment and maintain employment as conditions of eligibility except as otherwise exempt under section 405.1 (a.3). (iv) No transitionally needy assistance shall be initially authorized after June 30, 1995. Any person receiving transitionally needy general assistance as of the effective date of this subclause may continue to receive that assistance until sixty days of assistance are exhausted in accordance with subclause (iii). Transitionally needy assistance received after June 30, 1993, shall be applied to the total period of assistance. Transitionally needy general assistance shall cease on the earlier of:(A) the date of the final issuance of assistance; or(4) Assistance shall not be granted (i) to or in behalf of any person who disposed of his real or personal property, of the value of five hundred dollars ($500), or more, without fair consideration, within two years immediately preceding the date of application for assistance unless he is eligible for State supplemental assistance; or (ii) to an inmate of a public institution.(5)(i) Assistance may be granted only to or in behalf of a resident of Pennsylvania. Needy persons who do not meet the residence requirements stated in this clause and who are transients or without residence in any state, may be granted assistance up to seven days in the form of vendor payments, all in accordance with rules, regulations, and standards established by the department.(ii) Cash assistance for applicants and recipients of aid to families with dependent children who have resided in this Commonwealth for less than twelve months shall not exceed the lesser of the maximum assistance payment that would have been received from the applicant's or recipient's state of prior residence or the maximum assistance payment available to the applicant or recipient in this Commonwealth.(6) Aid to families with dependent children shall not be paid to any family for any month in which any caretaker relative with whom the child is living is, on the last day of such month, participating in a strike, and no individual's needs shall be included in determining the amount of aid payable for any month to a family if, on the last day of such month, such individual is participating in a strike.(8) A person who does not meet a definitive condition for aid to families with dependent children solely because of the person's refusal to cooperate in establishing eligibility for aid to families with dependent children shall also be ineligible for general assistance.(9) Assistance may not be granted to any person who has been sentenced for a felony or misdemeanor offense and who has not otherwise satisfied the penalty imposed on that person by law. Notwithstanding any provisions in 18 Pa.C.S. Ch. 91 (relating to criminal history record information), the cooperative agreements provided for in this clause shall provide the department with access to the central repository within the Pennsylvania State Police in order to carry out the objectives of this section. The Pennsylvania State Police and the Pennsylvania Board of Probation and Parole shall have access to the records of the Assistance Recipient Identification Program under section 414 within the department in order to carry out the objectives ofsection 414. For cash assistance applicants and recipients, the department shall enter into cooperative agreements with the Pennsylvania State Police and the Pennsylvania Board of Probation and Parole to ensure that no cash assistance is granted to a person who has been sentenced for a felony or misdemeanor offense. For this purpose, the department may access and provide information available pursuant to section 414. As used in this clause, "satisfied the penalty" means completed the period of incarceration or extension thereof and paid all fines, costs and restitution. Nothing in this clause shall be deemed to exclude from cash assistance any person who has been paroled from a term of imprisonment, or any person who is in compliance with all terms of probation, and who has made either full payment of all fines, costs and restitution or is in compliance with an approved payment plan.(10) Assistance shall not be granted to any applicant or recipient who is under eighteen years of age and who has never been married and is pregnant and/or caring for a dependent child unless the minor parent is residing with a parent, legal guardian or other adult relative or in an adult-supervised supportive living arrangement approved by the department. In the event that the minor parent is residing with a parent, legal guardian or other adult relative or in an adult-supervised supportive living arrangement approved by the department, assistance shall be paid to the parent, legal guardian or other adult with whom the minor parent is residing. Exceptions to this subsection will be granted by the department if it is determined that an exception would best serve the health and safety of the minor parent and the child or if the minor parent can present evidence that the parent, legal guardian or other adult:(i) refuses or is unable to allow the minor parent or child to live in his or her home;(ii) poses an emotional or physical threat to the minor parent or child;(iii) has physically or sexually abused the minor parent or the minor parent's child or any other child in the household or poses a risk of doing so;(iv) has exhibited neglect of the minor parent or the minor parent's child; or(v) has spent the minor parent's assistance in an improper manner. If the minor parent does not meet any of the exceptions set forth in this clause and the parents or legal guardian live within this Commonwealth or another state, the minor parent and child may be given a one-time allowance solely for the limited purpose of reuniting that minor parent and child with a parent, legal guardian or other adult relative at their place of residence. The amount of the allowance shall be limited to the least expensive mode of transportation available.
(11) A person who is ineligible for general assistance or medical assistance under this act shall be ineligible for assistance under the act of June 24, 1937 (P.L. 2017, No. 396), known as the "County Institution District Law," and the act of August 9, 1955 (P.L. 323, No. 130), known as "The County Code."1967, June 13, P.L. 31, No. 21, art. 4, § 432. Amended 1973, Dec. 12, P.L. 403, No. 143, § 2, effective 1/1/1974; 1976, April 1, P.L. 64, No. 28, § 1, imd. effective; 1982, April 8, P.L. 231, No. 75, § 10, effective in 60 days; 1994, June 16, P.L. 319, No; No; 1995, June 30, P.L. 129, No. 20, § 5, imd. effective; 49, § 5; 1996, May 16, P.L. 175, No. 35, § 9.