To be considered a specified relative, a individual must meet all of the following conditions: 55 Pa Code § 151.42
The individual is related to a dependent child. (See Section 327.21, Relationship to the Dependent Child.) 55 Pa code § 151.42 (iii)
The individual has care and control of the child. 55 Pa Code § 151.42 (i)
NOTE: This means that the individual is (a) taking part in making plans for the support, education, and care of the child (b) able to carry out those plans, and (c) asking for benefits for the child.
The individual (a) keeps a home where the child lives with him or her or (b) is setting up a home where the child will live with him or her within 30 days.
The specified relative does not need to be included in the applicant/recipient group. However, if a parent applies for MA, he or she may have to be included in the same applicant/recipient group as the child.
A specified relative must be related to the dependent child in one of the following ways: 55 Pa code § 151.42 (iii)
A blood relative, including those of half blood. This includes the following relationships:
Parent.
Aunt or uncle.
Grandparent, including great-great grandparent and great-great-great grandparent.
Other relationships prefixed by great, great-great, grand, or great-grand.
Brother or sister.
Nephew or niece.
First cousin.
First cousin once removed; that is, the child of one’s first cousin or the first cousin of one’s parent.
NOTE: The CAO must not consider second, third, etc. cousins as specified relatives.
A relative as listed above when the relationship to the child is adopted.
NOTE: The biological parent of an adopted child or a relative of the biological parent may be named as the specified relative only if one or both adoptive parents are dead or if the child returns to the biological parent’s care and control.
A stepfather, stepmother, stepbrother, or stepsister, or stepgrandparent. 55 Pa Code § 151.42 (iii) (C)
NOTE: A stepparent living in the same home as the child's parent may be named a specified relative only if the parent in the home is disabled and/or unable to care for the child. Otherwise, the stepparent must meet the financial and nonfinancial conditions to qualify for PD/TD if he or she does not meet the conditions for any other category.
NOTE: To be a specified relative, a stepgrandparent must be the spouse of a grandparent. A parent of a stepparent does not qualify as a specified relative.
Examples: Jane M. applies for cash assistance for Tommy G., who is the grandson of her husband. Her husband, Martin M. is the father of Mary G., who is Tommy’s mother. Jane may be named a specified relative, because she is married to Tommy’s grandparent.
Anna W. applies for MA for Peter C. Peter’s stepfather, Michael W., is Anna’s son. Anna does not qualify as a specified relative.
The spouse of any relative named above, even after the marriage is ended by death, separation, or divorce. 55 Pa Code § 151.42 (iii) (D)
A relative of a putative father:
The whereabouts of the putative father are unknown or the putative father is dead.
The CAO decides, using available information, that the putative father is the child's biological parent.
NOTE: The CAO decision is made only to identify a specified relative and does not prove paternity. Until paternity is legally proven, a putative father must not be considered a parent or legally responsible relative. An individual must not be considered the father simply because he says he is
A legal guardian who is living with the child, only if he or she is related to the child as described above.
A pregnant woman with no children may qualify for TANF-related MA for herself only as a specified relative, if all of the following apply:
The pregnancy and expected delivery date are confirmed by a doctor, clinic, or other medical source.
The fetus, if born, would meet one of the deprivation conditions for TANF. (See Chapter 329, Deprivation.)
The eligibility of the specified relative is not affected if: 55 Pa Code § 151.43 (a)
The child is under the control of the court and is getting services such as probation or protective supervision; or
Someone other than the specified relative, such as another individual or a public or voluntary agency, has legal custody of the child.
In a joint- or shared-custody situation, the parent who has primary physical custody of the child is considered the caretaker or relative, and the other parent is considered the absent parent. (See a related cash policy at (Cash Assistance Handbook, Section 129.21, Shared Custody/Joint Custody.) If the parents have equal custody, the parent who applies first is considered the specified relative and the other parent is considered the absent parent. If both parents are eligible for MA, only one parent is named as the specified relative. The child's ACCESS card must be sent to the address of the specified relative.
Example: Mr. and Mrs. Gray, who are divorced, have a joint-custody order. Their two children live with each parent for a week at a time. Mrs. Gray applies for MA for herself and the children because she has been laid off from her job and will not be able to keep up her group medical insurance. Mrs. Gray is named as the specified relative and payment name for MA.
NOTE: The MA benefit is to cover the child's medical needs during the entire period, not just when the child is with the parent who is considered the specified relative. The CAO does not have to work out any problems between the parents about the use of the MA card.
Updated February 14, 2012, Replacing July 8, 2008