Certain TANF program requirements may be waived if a requirement cannot safely be met due to past, present or risk of further domestic violence. An individual may claim good cause for waiver of a TANF program requirement at any time.
The CAO may waive any TANF program requirement except for the following:
Income (See Chapter 150).
Resources (See Chapter 140).
NOTE: Income or resources that are inaccessible to the client will not be used to determine eligibility.
Citizenship (See Chapter 122).
Deprivation (See Chapter 129).
Specified Relative (See Chapter 127).
Enumeration (See Supplemental Handbook Chapter 950).
Identity (See Chapter 120).
Criminal Status (See Chapter 104).
Residency (See Chapter 123).
Minor child (See Chapter 121).
Permanent sanction (See Chapter 107).
Application for and cooperation in establishing eligibility for potential income (See Chapter 150).
Signing required forms such as the PA 4 and Common Application Form (PA 600).
If an individual requests a waiver of one of the eligibility requirements outlined above that is not waivable by the CAO, the CAO Area Manager will contact the Bureau of Policy (BOP) for direction.
The BOP can be contacted at this e-mail address: RA-PWDFADVREVIEWS@pa.gov
BOP will determine whether to grant a waiver on a case-by-case basis. Remember a client may be granted additional time to verify these factors of eligibility if verification is not readily available or is pending from a third party. Pending items of verification should be provided no later than the six-month review although there may be cases where verification is waived entirely. See Section 108.75 for additional guidance on waiving verification. 55 Pa. Code § 108.7(c)
A good cause waiver of a TANF program requirement will be granted by the CAO if compliance with the program requirement would: 55 Pa. Code § 108.8
make it more difficult for a family or household member to escape domestic violence.
OR
place a family or household member at risk of further domestic violence.
NOTE: The past abuse need not necessarily have been directed at the individual. For example, an individual has a relationship with a partner who begins to display violent behavior although not yet directed at the individual. Later, the individual learns that this partner abused the last person with whom the partner was involved. The current violent behavior, in combination with past domestic violence directed at another person, could legitimately place the individual in fear that further domestic violence by the partner could be directed at the client.
OR
unfairly penalize a family or household member because of domestic violence.
NOTE: An individual can be unfairly penalized because of past domestic violence, even if the individual is not presently in danger from the abuser. For example:
An individual suffers from the effects of past domestic violence by an abuser who is no longer a threat to the individual’s safety. The individual is attending counseling to overcome the effects of past abuse and return to a normal level of functioning. The individual may not be able to fulfill a 20-hour weekly work requirement.
Individuals living in a shelter may be unable to comply with work requirements because of the instability of their current situation. Their time and attention may need to be focused on developing a safety plan, finding permanent housing and protecting their children.
Updated August 9, 2021, replacing November 8, 2019