Section 140.421. Conditions of eligibility

Eligibility for EMC is based on the following:

(1) A family shall meet the appropriate eligibility conditions in this chapter. The specific eligibility conditions which shall be met are the following:

(i) Chapter 148 (relating to MA residence provisions for categorically needy NMP-MA and MNO-MA).

(ii) Chapter 149 (relating to citizenship and alienage).

(iii) Chapter 155 (relating to enumeration).

(iv) Chapter 255 (relating to restitution and reimbursement).

(2) AFDC/AFDC-U recipients whose Cash Assistance is discontinued may be eligible for up to 12 months of EMC under the NMP-MA Program beginning with the day following the closing date of Cash Assistance if Cash Assistance was discontinued for one or more of the following reasons:

(i) New employment.

(ii) Increased hours of employment.

(iii) Increased income from employment.

(iv) Termination of the 4-month $30 and one-third disregard or the subsequent 8-month $30 disregard.

(3) The recipient received AFDC/AFDC-U payment in at least 3 of the 6 months immediately preceding the month Cash Assistance was discontinued. Receipt of AFDC/AFDC-U is also counted under the following circumstances:

(i) When the budget group is eligible for a payment but is not issued a check because of the $10 minimum check requirement.

(ii) When the AFDC/AFDC-U payment is withheld due to excess income in a budget month that results in a 1-month suspension.

(4) The recipient has not received AFDC/AFDC-U fraudulently during any month in the 6 months immediately preceding the month Cash Assistance was discontinued. Fraudulently received AFDC/AFDC-U means that an adjudication of fraud determined by a court must have occurred.

The provisions of this § 140.421 adopted October 16, 1992, effective upon publication and apply retroactively to April 1, 1990, 22 Pa.B. 5164.