108.9 Special Client Circumstances

108.91 Office of State Inspector General (OSIG) Referrals

OPS 17-12-04 Revised Office of State Inspector General (OSIG) investigation referrals, forms, and domestic violence policy changes. (Published December 21, 2017)

 

Referral for Field Investigations

 

Since OSIG investigations may pose a risk to domestic violence victims, the OSIG revised the policies concerning investigations of cases involving domestic violence.

Whenever the CAO is aware of past, present, or risk of further domestic violence, it must indicate domestic violence on the Field Investigation Referral (OSIG 12; Box 6) or Program Integrity Unit Referral (OSIG 12-R; Box 9) that the individual is claiming domestic violence. Investigation referrals to OSIG that involve domestic violence with an open TANF budget will be sent to BOP through the resource account at RA-PWDFADVREVIEWS@pa.gov  If BOP approves the investigation referral, the referral is completed through the Office of Inspector General Avoidance and Recovery System (OARS). The question in OARS regarding domestic violence and receiving BOP approval for TANF cases will be checked as “Yes”. If BOP denies the investigation referral, the referral will not be sent to OSIG and the action will be narrated in the case record comments and the document scanned into the case record. All non-TANF related referrals that involve domestic violence will be submitted directly through OARS, and the question in OARS regarding domestic violence will be checked as “Yes”. The CAO then submits the referral to the OSIG in OARS using the process outlined in OPS Memo 17-12-04, Office of State Inspector General (OSIG) investigation referrals, forms, and domestic violence policy changes.  

When a case is referred to the OSIG and domestic violence is unknown to the CAO, and the individual subsequently discloses during the course of the OSIG interview, the interview will immediately cease. The investigator will indicate that OSIG terminated the investigation because of observed or disclosed circumstances in Section IV of the OSIG 12 and return the form to the CAO. For client safety, the notation “Investigation terminated because of circumstances” will be used on the OSIG 12  to document the indication of domestic violence.

Overpayment Referrals

There may be cases in which an overpayment occurs in a case with known domestic violence or the CAO learns that domestic violence is an issue after an overpayment is referred to the OSIG. The CAO will complete an OSIG 12-R using OPS Memo 17-12-04.

108.92 Abuser in the Household

Victims may sometimes be unable to safely leave or keep the abuser out of the household. Caseworkers may from time to time get questions from victims or from agencies that serve them about how domestic violence is handled if the abuser is in the household. The following may help:

If the abuser is a mandatory member of the budget group, the abuser must be included. The abuser must comply with the eligibility requirements of the cash assistance program and may not claim good cause based on domestic violence that he or she perpetrated. For example, an abuser in a TANF household must comply with TANF RESET requirements based on the length of time the abuser has received TANF assistance, unless the abuser is exempt or has good cause based on reasons other than domestic violence for not participating with RESET. If the abuser fails to comply with a program requirement, the abuser can be individually sanctioned, but the rest of the household cannot be sanctioned as a result of the abuser’s noncompliance.

For Extended TANF, a family may be eligible for cash assistance benefits based on domestic violence if there is an adult head of household or spouse of head of household who has exhausted 1830 TANF days and the family includes an adult or other family member who was a victim of domestic violence, is currently experiencing domestic violence or is at risk of further violence. An abuser who is a mandatory member of the budget group in Extended TANF may not claim good cause for domestic violence and will be required to comply with RESET requirements based on the abuser’s TANF assistance day count.       

  55 Pa. Code §141.53(c)

108.93 Non-Citizen TANF Recipients

A non-U.S. citizen is eligible to receive TANF benefits in Pennsylvania if the individual falls within one of several groups of immigrants considered to be “permanently residing in the United States under provisions of law” and meets all other eligibility conditions. The categories of immigrants considered eligible appear in Chapter 122 of the Cash Assistance Handbook. This section adds to that chapter.

108.931 Immigrant Eligibility for Waivers

An immigrant who is receiving TANF is eligible for waiver of TANF program requirements based on domestic violence for which a citizen would be eligible, in accordance with the same uniform policies and procedures for good cause waivers based upon domestic violence.

Therefore, immigrants should be notified that support, work (RESET), teen parent live at home rules, time limits, and other TANF requirements can be waived based on domestic violence. Those who believe they require a waiver should be instructed to claim good cause and complete the PA 1747.

108.932 Battered Immigrant Eligibility for TANF

There are several categories of immigrants who qualify for TANF. One category is immigrants who have been battered or subjected to extreme cruelty and who are seeking relief under special provisions of the Violence Against Women Act (VAWA). If a non-citizen applicant does not fall within any other immigration category making them eligible for benefits, the CAO should inform the applicant about these special rules. Non-citizens who appear to meet these criteria should be told that they may qualify for TANF benefits and should be assisted to apply if they wish to do so.

Immigrants who meet the following five conditions are qualified to receive TANF, even if they have not yet obtained final permanent lawful status:

NOTE: Children of spouses of US citizens or lawful residents and parents of children of US citizens or lawful residents are also qualified to receive benefits provided the spouse or child of the US citizen or lawful permanent resident meets the conditions that follow.

AND

NOTE: Battery and extreme cruelty includes the US citizen or lawful permanent resident spouse consenting to or going along with battery or extreme cruelty performed by another individual residing in the same household.

AND

NOTE: In order to obtain the above listed documentation, an immigrant must have already made a claim to the Immigration Service that he or she has been subjected to battery or extreme cruelty by a US citizen or lawful permanent resident spouse or child. Therefore, an immigrant who provides any of the above-listed documentation shall be considered to have met conditions 1 and 2 above.

AND

NOTE:The requirement to establish a substantial connection between the battery or extreme cruelty and the need for benefits may be established through the client’s own credible explanation of the circumstances.

AND

108.933 Sponsor Deeming Requirements

Sponsor deeming is a process used to determine eligibility for and the amount of cash assistance. If a qualified alien has a sponsor who executed an Affidavit of Support (I-864), the income and resources of the sponsor and the sponsor’s spouse must be considered available when determining eligibility and benefit amount.

Exception: Victims of domestic violence. Immigrants who are victims of domestic violence or extreme cruelty as well as certain family members are exempt from the deeming requirement.          8 U.S.C. 1631(f)(1)

 

A sponsored non-citizen is exempt from deeming requirements for a period of one year if the non-citizen, his/her child or his/her parent has been a victim of domestic violence in the United States by a spouse or parent or member of the spouse or parent’s family residing in the same household as the non-citizen.

After the one-year period, a battered non-citizen spouse, non-citizen parent of a battered child or child of a battered non-citizen continues to be exempt from the deeming requirements regarding the batterer only. The deeming exemption will apply to a non-citizen for 12 additional months after the CAO determines that the battering is substantially connected to the need for benefits and the victim does not live with the batterer.

Example: Mr. Smith sponsors his non-citizen wife and she is later subjected to domestic violence by Mr. Smith’s father who lives in the household. Mrs. Smith is exempt from deeming requirements for a period of 12 months. Mr. Smith is not the batterer, therefore, his income and resources must be deemed after the first year.

 

Updated August 9, 2021,  Replacing May 16, 2018