129.3 Incapacity

The CAO must consider a child deprived if either parent living with the child has a physical or mental incapacity which:

55 Pa. Code § 153.44(c)(1)   55 Pa. Code § 153.44(c)(2)

 

Incapacity is a physical or mental defect, illness, or impairment that limits or prevents a person from working at a job or caring for the child's needs. For example, a person with a documented back problem that prevents lifting is considered incapacitated because many jobs require physical labor.  Someone with asthma may not be around dust, fumes, smoke, or perfume – limiting employment opportunities.

The incapacitated parent must apply for Federal benefits such as Social Security disability if he or she is potentially eligible. A person can be incapacitated for TANF purposes and not meet the stricter tests for Social Security disability or for GA. Individuals receiving Social Security disability or Supplemental Security Income (SSI) disability benefits automatically meet TANF incapacity requirements.         55 Pa. Code § 183.13

Incapacity substantially reduces or eliminates a parent's ability to support or care for a child if the incapacity is directly related to and has a major effect on the parent's ability to support or care for the child.         55 Pa. Code § 153.44(c)(2)

A parent who suffers from a chronic illness that reduces or eliminates his/her ability to support or care for his/her child is considered incapacitated and meets the deprivation requirements even if the illness is controlled by medicine. Chronic illnesses include, but are not limited to:

NOTE:  Incapacity may substantially reduce a parent’s ability to support a child by limiting the parent’s job possibilities. Deprivation due to incapacity can still exist even if a parent works part-time or full-time.

The CAO must not consider a child deprived if the parent’s incapacity is expected to last less than 30 days.

129.31 Verification of Incapacity

Incapacity must be verified. Proof must show that the incapacity:          55 Pa. Code § 153.44(c)(1)

Proof of incapacity includes:

When the parent submits a report of Physical/Mental Examination (PA 586), incapacity is verified if one of the following is true:

When the parent turns in a Medical Assessment Form (PA 635), incapacity is verified if:

NOTE:  The CAO may not require the PA 635 or 586 for proof of incapacity for TANF if other reputable proof is available.

At application, authorization of benefits may not be delayed beyond 30 days if the client cooperates to get the information. The CAO must authorize TANF for 30 days while waiting for proof of incapacity.          55 Pa. Code § 125.21(b)

The CAO must create an alert to review the deprivation before the expected end date if the verification shows that the incapacity is expected to end.

The CAO must not require additional verification when the case record already has proof of an incapacity that would not normally be expected to improve, such as emphysema or sickle cell anemia.

If verification is not available, the CAO must help the parent get proof by:

The CAO must authorize a medical examination if the parent chooses to be examined by a health care professional and a reliable free exam is unavailable.

At redetermination, the parent must give proof of the incapacity unless the record has verification that the parent's condition is not likely to improve or is not expected to improve until a later date.

 

Reissued  September 21, 2012; replacing  January 31, 2012