Section 187.74. Procedures

(a) For nonapplicant spouse and the natural or adoptive parent or parents of an unemancipated minor child living with the applicant, PA Manual 175 and § 183.64 (relating to income averaging), the method of arriving at assistance, will apply.

(b) For the spouse of an applicant and the natural or adoptive parent or parents of an unemancipated minor child not living with the applicant, the following method will be used to determine financial ability to support:

(1) The dependents living with the spouse/parent will be determined. Minor children under 18 will always be included. Other persons will be included if they are without income of their own or the spouse/parent requests their income be added to his income.

(2) Total net income of the spouse/parent including that of his dependents whose income must be taken into account will be determined. Net income from self-employment or business is profit before tax deductions. Net income from other employment is gross less $20 per month for work expenses.

(3) The amount the LRR is paying for the support of his spouse or his minor child or children outside his home will be deducted.

(4) The appropriate figure from the following income scale will be selected and subtracted from the total net income:

No. of Persons Dependent Upon LRR’s Income	1	2	3	4	5	6	Each Additional Person
Net Monthly Income	$173	$260	$317	$373	$423	$459	Add $54

(5) The appropriate fraction will be applied to the remainder:

(i) 1/2 when the assistance unit includes one legal dependent.

(ii) 2/3 when the assistance unit includes two legal dependents.

(iii) 3/4 when the assistance unit includes three or more legal dependents.

(6) The expected contribution will be the resulting figure or the total allowances for the persons for whom the LRR is legally responsible, whichever is lesser.

(c) The total allowances for the person or persons for whom the relative is legally responsible will be the difference between the family size allowances with the person or persons in the assistance unit, excluding special needs allowances, and what the allowances would be if the person or persons were not included in the assistance unit. When it has been determined that an LRR is financially able to provide support, the client will be expected to either contact the LRR directly to arrange for the amount of the expected contribution or to give consent for the
County Office to contact the LRR. If the expected contribution from the relative is secured, it will become available to the client. Court action will be required in accordance with the procedures in § 187.24 (relating to procedures) whenever the following occur:

(1) The total amount of the expected contribution is not secured.

(2) The client is unwilling to contact the LRR directly and objects to the Department contacting the LRR.

(d) Assistance will be continued until the court makes a decision. Any amount that the LRR is actually contributing will be considered income available to the client.

The provisions of this § 187.74 adopted August 4, 1977, effective August 5, 1977, 7 Pa.B. 2180.