Section 165.22. Verification of exemption

(a) Need for verification. The applicant or recipient shall cooperate in providing necessary information and verification regarding the basis for exemption.

(1) The CAO may assist an individual in obtaining verification when help is needed.

(2) The Department may require an applicant or recipient claiming an exemption based on a physical or mental disability which temporarily or permanently precludes any form of employment or work-related activity to submit to an independent examination as a condition of receiving assistance, if the individual is exempt from RESET.

(3) An applicant or recipient with a verified physical or mental disability which temporarily precludes any form of work or work-related activity shall pursue appropriate treatment to restore or improve the individual’s ability to work, as a condition of receiving assistance, if the individual is exempt from RESET.

(4) An individual is not required to verify information that was previously verified and is not subject to change.

(b) Types of verification. Verification of an exemption consists of reasonably available documentation specified by the Department and includes birth certificates or baptismal records, written statements from physicians, licensed psychologists or school officials that support the Individual’s claim for an exemption.

(1) The verification of a physical or mental disability shall be established on a form specified by the Department and shall be based on acceptable clinical and laboratory diagnostic techniques rather than on the applicant’s or recipient’s statement of symptoms.

(2) If the individual fails to verify the claim for an exemption, the individual shall participate in RESET unless the individual has cooperated in seeking verification and verification is unavailable.

(c) Expiration of exemption. The CAO will notify the exempt individual in writing when the period of exemption is due to end.

(1) The individual will be given an opportunity to provide new or additional verification to continue the exemption.

(2) The individual will be given the opportunity to prepare to comply with RESET participation requirements under § 165.31 (relating to RESET participation requirements).

The provisions of this § 165.22 adopted September 13, 2002, September 14, 2002, 32 Pa.B. 4435.

Notation

Authority

The provisions of this § 165.22 issued under sections 201(2), 403(b), 405, 405.1, 405.3, 408, 432 and 432.3 of the Public Welfare Code (62 P. S. § § 201(2), 403(b), 405, 405.1, 405.3, 408, 432 and 432.3); 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; and the Federal TANF regulations in 45 CFR 260.10—265.10.