If an individual is emancipated and under age 21, he or she may apply for MA on his or her own. 55 Pa. Code § 148.2
An individual under age 21 is considered emancipated if one or more of the following conditions apply: 55 Pa Code § 145.62
The individual is married.
If unmarried, the individual is no longer under the care and control of a parent or legal guardian.
NOTE: For Healthy Beginnings, an individual is emancipated if he or she is:
(a) age 19 or older.
(b) under age 19 and either married or no longer under the care and control of a parent.
The parent, caretaker relative, legal guardian, or other individual who had care and control of him or her is no longer paying for most of his or her support.
The individual is not living with the parent, caretaker relative, legal guardian, or other individual who had care and control of him or her.
The parents, caretaker relative, legal guardian, or other individual who had care and control of the individual is not considered the responsible party by school officials.
An individual can be considered emancipated whether or not he or she is living with a parent or legal guardian.
An unmarried individual under age 21 who is not living with a parent or legal guardian is usually emancipated. However, the CAO must find out who has care and control of the minor if he or she left the parent's household shortly before applying or if there are other factors that make the CAO unsure about the individual’s status.
When an unmarried minor is living with a parent or legal guardian, the CAO must verify with the adult whether or not the minor is under the adult’s care and control. The CAO must always try to get proof of emancipation in writing. The CAO must base the emancipation decision on all available facts.
An individual of any age may submit a completed, signed Application for Benefits (PA 600) to the CAO. If the CAO finds that the individual is an unemancipated minor, the minor's parent or other adult with care and control of him or her must complete the application process.
Note: If the application is submitted by a provider, the CAO must determine on MA eligibility using the date the PA 600 was signed by the minor.
Reminder: A child under age 21 who is unemancipated must be included in the same applicant/recipient group as his or her parents, siblings, and half-siblings.
The CAO must not count the resources of a child under age 21 and of the child’s parents when deciding on the child’s MA eligibility, whether or not he or she is emancipated. Also, the CAO must not consider the child’s emancipation status when deciding the amount of a parent's income that is deemed available to the child when the child is living in the parental household.
Updated February 14, 2012, Replacing August 16, 2008