PRINTER'S NO. 1866
No. 1401 Session of 1998
INTRODUCED BY WAGNER, FUMO, WILLIAMS, LAVALLE, MUSTO, STAPLETON,
STOUT, HELFRICK, BODACK, COSTA, O'PAKE, KUKOVICH, BELAN,
AFFLERBACH, KITCHEN, HUGHES, WOZNIAK, TARTAGLIONE, ROBBINS,
SCHWARTZ, KASUNIC, EARLL AND RHOADES, APRIL 2, 1998
REFERRED TO PUBLIC HEALTH AND WELFARE, APRIL 2, 1998
AN ACT
1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2 act to consolidate, editorially revise, and codify the public
3 welfare laws of the Commonwealth," further providing for
4 eligibility for assistance.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 432(2) of the act of June 13, 1967
8 (P.L.31, No.21), known as the Public Welfare Code, amended May
9 16, 1996 (P.L.175, No.35), is amended to read:
10 Section 432. Eligibility.--Except as hereinafter otherwise
11 provided, and subject to the rules, regulations, and standards
12 established by the department, both as to eligibility for
13 assistance and as to its nature and extent, needy persons of the
14 classes defined in clauses (1), (2), and (3) shall be eligible
15 for assistance:
16 * * *
17 (2) Persons who are eligible for State supplemental
18 assistance.
1 (i) State supplemental assistance shall be granted to
2 persons who receive Federal supplemental security income for the
3 aged, blind and disabled pursuant to Title XVI of the Federal
4 Social Security Act.
5 (ii) State supplemental assistance shall also be granted to
6 persons who are aged, blind and disabled, as defined in Title
7 XVI of the Federal Social Security Act, and whose income,
8 pursuant to the standards and income disregards of Title XVI of
9 the Social Security Act, is less than the combined income of the
10 Federal payments under the supplemental security income program
11 and the State supplemental assistance payments established
12 pursuant to the provisions of this act.
13 (iii) In establishing the amounts of the State supplemental
14 assistance, the department shall consider the funds certified by
15 the Budget Secretary as available for State supplemental
16 assistance, pertinent Federal legislation and regulation, the
17 cost-of-living and the number of persons who may be eligible.
18 (iv) Beneficiaries of State supplemental assistance shall be
19 eligible for cash State financial assistance to cover the cost
20 of special needs as defined by statute and regulations
21 promulgated under this act.
22 (v) After the amounts of assistance payments have been
23 determined by the department with the approval of the Governor
24 and General Assembly, the amounts of assistance payments shall
25 not be reduced as a consequence of assistance increases,
26 including but not limited to cost-of-living increases, provided
27 through Federal legislation.
28 (vi) After the amounts of assistance payments have been
29 determined by the department with the approval of the Governor
30 and General Assembly, the amounts of assistance payments shall
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1 not be increased without the approval of the General Assembly in
2 accordance with the procedure established by the act of April 7,
3 1955 (P.L.23, No.8) known as the "Reorganization Act of 1955,"
4 and a message to the General Assembly from the Governor for the
5 purposes of executing such function shall be transmitted as in
6 other cases under the Reorganization Act.
7 (vii) Notwithstanding any other provision of law or
8 regulation, the department shall not charge any State
9 supplemental assistance recipient any transaction fee or any
10 other similar fee whether or not such fee has been or will be
11 incurred by the department as a consequence of a fee or charge
12 made by the Federal Government to the department.
13 * * *
14 Section 2. This act shall take effect immediately.
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