§ 165.46. Types of special allowances for supportive services.

 (a)  Child care for GA recipients.

   (1)  Payment for child care is made to enable the caretaker/relative or custodial parent to participate in an approved education or training activity or to apply for employment.

   (2)  The CAO shall promptly inform an ETP participant who is in need of child care about the following:

     (i)   The types and locations of child care providers reasonably accessible to the participant.

     (ii)   The assistance available to help the participant select an appropriate child care provider.

     (iii)   The assistance available on request to help the participant obtain a child care provider.

     (iv)   That child care payments shall be paid in advance of the date that payment is required by the provider, consistent with the requirements and time frames in §  165.45 (relating to time frames for authorization of payment of special allowances for supportive services), to ensure that the participant will have access to the child care provider of the participant’s choice.

   (3)  Special allowances for child care are available for the following types of providers, including the following:

     (i)   Center-based care.

     (ii)   Group family day care.

     (iii)   Family day care.

     (iv)   Department of Education administered day care.

     (v)   Unregulated care.

   (4)  Child care payments may be made only to a person or business entity who allows parental access to the child while a child is in care without the need for prior notification and who provides care in accordance with applicable Federal, State and local law.

   (5)  The caretaker/relative shall have the right to choose from any type of child care that is available under this chapter and the right to choose any child care provider who meets the requirements of this chapter.

   (6)  Payments are made for care of a child who is one of the following:

     (i)   Twelve years of age or younger, living in the home of the parent or caretaker/relative and receiving cash assistance, or who would be eligible to receive cash assistance except for the receipt of SSI or foster care under Title IV-E of the Social Security Act (42 U.S.C.A. § §  670—677).

     (ii)   Thirteen years of age or older if it has been verified by a physician or licensed psychologist that the child is not physically or mentally capable of caring for himself or it is verified that the child is under a court order requiring adult supervision, the child is living in the home of the parent or caretaker/relative and is receiving cash assistance, or who would be eligible to receive cash assistance except for the receipt of SSI or foster care under Title IV-E of the Social Security Act.

   (7)  Payment is made for the eligible cost of child care up to the maximum allowance established by the Department in §  168.1 (relating to policy on payment of child care) or the rate charged the general public, whichever is less, per child. Recipients receiving special allowances for child care before implementation of the maximum allowances continue to receive payment for actual reasonable costs incurred for child care. Eligible costs include charges for days on which the child does not attend due to illness, vacation, or the like. Charges for transporting the child to or from care are included if not levied as a separate charge by the provider.

   (8)  Payment for providing care of children will not be made to the following persons or business entities owned by:

     (i)   A biological or adoptive parent of the child.

     (ii)   A legal guardian of the child.

     (iii)   A stepparent of the child living in the home.

     (iv)   Persons receiving TANF as essential persons.

     (v)   Other members of the budget group of which the child is a member.

   (9)  Payment for child care shall be made for persons awaiting entry into, or during breaks in, approved education training or employment for one of the following:

     (i)   Up to 2 weeks.

     (ii)   Up to 30 days when it is verified that the arrangements would otherwise be lost in the interim period.

   (10)  Payment of child care shall be reasonably related to the hours of employment or ETP participation, including travel time.

   (11)  Payment for child care may be made by one of the following:

     (i)   Direct payment to the recipient when the provider is unregulated or is regulated but is not enrolled in the Department’s child care vendor payment system.

     (ii)   Vendor payment to a regulated provider who has signed the Department’s vendor payment agreement and who is enrolled in the Department’s child care vendor payment system.

     (iii)   Restricted endorsement check to the recipient and provider.

     (iv)   The earned income deductions in § §  183.94(3) and 183.95(2) (relating to TANF earned income deductions; and GA earned income deductions) for employed clients, except that clients earning wages in a work experience training activity may receive payment for the difference between the child care deduction and the maximum child care allowance established by the Department in §  168.1 when the cost of child care exceeds the deductions in § §  183.94(3) and 183.95(2).

   (12)  Child care services are not considered as needed when an unemployed biological or adoptive parent, specified relative or legal guardian is in the home unless that person is physically or mentally incapable of providing care or is involved in education, training, job search or employment related activities, or the child is at risk due to suspected child abuse or the custodial parent is participating in a Single Point of Contact or Department or Department of Education Pregnant and Parenting Youth Program.

   (13)  Preexpenditure approval is required unless the child care is for a job interview and the client is unable to contact the worker prior to the scheduled interview.

 (b)  Care of incapacitated adults. Payments are made for the eligible costs of nonmedical care up to the maximum rates established for infant care of an incapacitated adult living in the same home if care is required to enable a recipient to participate in an approved education or training activity or to apply for employment and no other sound plan can be made for care of the incapacitated adult. Costs for care of incapacitated adults for maintaining employment are met by the earned income deductions in § §  183.94(3) and 183.95(2) except that clients earning wages in a training activity, such as work experience, may receive payment for the difference between the deduction for care of an incapacitated adult found in § §  183.94(3) and 183.95(2) and the actual nonmedical costs incurred.

   (1)  There shall be verification of the person’s incapacity and the need for the care.

   (2)  Payment will be made for the actual cost of care.

   (3)  Payment for providing care will not be made to the following:

     (i)   The spouse of an incapacitated person.

     (ii)   An essential person.

     (iii)   Other members of the budget group of which the recipient or incapacitated adult is a member.

   (4)  Preexpenditure approval is required.

 (c)  Transportation and related expenses. Payments are made for eligible transportation costs incurred due to participation in ETP activities or for accepting employment. Transportation costs under paragraph (1) or (2) for maintaining employment are met by the earned income deductions in § §  183.94(1) and 183.95(2). Payment is made for the least costly type of transportation which is available and practical considering the location and hours of scheduled employment or training, the client’s physical condition and the need to transport children to a child care provider. Payment for transportation-related costs is not made if the activity is secondary education or an equivalent level of vocational or technical training unless the person is a pregnant female or a custodial parent.

   (1)  Public transportation. Payment is made for costs incurred for transportation provided by bus, subway, commuter or long distance rail, taxi, air, paratransit or other recognized modes of transportation.

     (i)   Payment for public transportation is the actual cost to the client up to the maximum monthly amount established by the Department in Appendix A (relating to employment and training special allowances).

     (ii)   Except for air or long distance rail travel, preexpenditure approval is not required. Verification of the need and the cost of transportation is required within 30 days of the date the transportation expense was incurred.

   (2)  Private transportation. Payment is made for costs incurred for transportation provided by privately owned vehicles, ride sharing and car or van pools.

     (i)   Payment for transportation by a vehicle owned by the client is the mileage rate established by the Department in Appendix A and the actual cost of parking and highway or bridge tolls up to the maximum monthly amount established by the Department in Appendix A.

     (ii)   For an allowance provided for the client to ride with a volunteer car and driver, the volunteer driver is paid at the mileage rate established by the Department in Appendix A, and the actual cost of the parking and highway or bridge tolls up to the maximum monthly amount established by the Department in Appendix A.

     (iii)   For an allowance provided for transportation by a car or van pool, the client receives a proportionate share of the cost up to the maximum monthly amount established by the Department in Appendix A. If the client’s share is a flat fee, the actual fee is used up to the maximum monthly amount established by the Department in Appendix A.

   (3)  Motor vehicle purchase or repair. When there is no other type of practical transportation available or other available transportation is more expensive, a special allowance may be authorized toward the purchase, down payment to purchase or repair of a motor vehicle for an individual to accept a firm job offer, to prevent the loss of current employment, to attend an approved education or training activity or to transport children to day care while the client is employed or participates in an approved education or training activity.

     (i)   The maximum total allowance toward a motor vehicle purchase, down payment and repair is limited to a rate established by the Department in Appendix A.

     (ii)   Preexpenditure approval is required.

   (4)  Motor vehicle related expenses. The cost of a driver’s license, State inspection fee, emission control inspection fee, license plates and vehicle registration fee may be authorized if they are needed for an individual to accept a firm job offer, to attend an approved education or training activity, or to transport children to day care while the client participates in an approved education or training activity.

     (i)   Payment is made for actual cost up to the maximum allowance established by the Department in Appendix A.

     (ii)   Preexpenditure approval is required.

   (5)  Moving/relocation costs. A special allowance may be granted if an individual is relocating to accept a verified offer of gainful, permanent employment and if the individual has not received a moving allowance for any reason within the previous 12 months.

     (i)   Payment is not made for moves by unlicensed moving companies except as provided for in §  175.23(b)(3)(i)(C) (relating to requirements).

     (ii)   The maximum allowance toward moving/relocation costs is limited to the rate established by the Department in Appendix A, in a 12-month period. The 12-month period begins with the first authorization of this allowance.

     (iii)   Preexpenditure approval is required.

   (6)  Lodging and food. A special allowance toward lodging and food may be granted if an individual has to be away from home one or more nights to apply for employment or an approved education or training activity or to attend training.

     (i)   Payment for lodging will be made for actual costs up to the rates established for Commonwealth employes by the Office of Administration. These rates will be available upon request at the CAO. When lodging cannot be located with a reasonable effort within these rates, the rates may be exceeded. The rate may also be exceeded if the client is required to stay in a specific hotel or motel. A complete explanation of lodging costs in excess of the rate shall be documented in the CAO record.

     (ii)   Payment for food will be made for each 24-hour period the individual has to be away from home in accordance with the rates established for Commonwealth employes by the Office of Administration and the Office of the Budget. These rates will be available upon request at the CAO. Overnight travel of less than 24 hours will be divided into 6-hour periods and reimbursed at the fractional day allowance rates. An allowance will not be provided for less than 3 hours. Payment will not be made for meals provided by a prospective employer or included as part of registration fees.

     (iii)   Preexpenditure approval is required.

 (d)  Other expenses related to employment and training. Special allowances may be authorized for other items related to applying for or accepting employment or for participating in approved education or training activities. Preexpenditure approval is required. The maximum allowances for these items are the rates established by the Department in Appendix A.

   (1)  Clothing. A special allowance may be authorized for street or business clothing and grooming items needed to make a client presentable to accept a job or to enter an approved education or training activity or specialized clothing, such as uniforms or safety shoes verified by the employer or training provider as needed for the client to work at a job or to participate in an approved education or training activity.

   (2)  Tools and other equipment. A special allowance may be authorized for tools and other equipment, such as goggles, helmets and wrenches which an employer or training provider specifies are necessary for employment or participation but which are not provided by the employer or training provider and are not available under Federal, State or other educational grants.

   (3)  Books and supplies. A special allowance may be authorized for books and supplies, such as pens, pencils, wristwatches or thermometers for a client to attend an approved education or training activity if these items are not available under Federal, State or other educational grants.

   (4)  Fees. A special allowance may be authorized for a fee for taking a test such as a high school equivalency test, a test that is a prerequisite for employment, or for registration or enrollment fees required for a client to enter an approved education or training course. Tuition is not construed to be a fee.

   (5)  Union dues and professional fees. If payment of union dues or professional fees is a condition of employment, a special allowance may be granted for the initial fee and for the period up to the date of the client’s first pay.

   The provisions of this §  165.46 adopted October 2, 1992, effective retroactive to October 1, 1990, except subsection (a) effective October 3, 1992, 22 Pa.B. 4875; amended January 8, 1999, effective February 1, 1999, 29 Pa.B. 271. Immediately preceding text appears at serial pages (175239) to (175246).

   This section cited in 55 Pa. Code §  165.41 (relating to eligibility for special allowances for supportive services); and 55 Pa. Code §  165.42 (relating to advance payment of special allowances for supportive services).