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)
Substantially reduces or eliminates the parent's ability to support or care for the child
Is expected to last at least 30 days
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.
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.
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:
Hypothyroidism
Epilepsy
Hyperthyroidism
Narcolepsy
Hypertension
Psychosis
Cancer
Sickle cell anemia
Diabetes
Heart disease
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.
Incapacity must be verified. Proof must show that the incapacity:
Substantially reduces or eliminates the parent's ability to support or care for the child and
Is expected to last at least 30 days
Proof of incapacity includes:
Documentation of eligibility for disability benefits, such as Workers' Compensation, SSI, or RSDI, due to blindness or disability
VA records
Doctor's statements
Hospital or clinic records
Psychiatric evaluation
Psychometric test results or
Other documentation from a health care professional
When the parent submits a report of Physical/Mental Examination (PA 586), incapacity is verified if one of the following is true:
Block #3 or #5 is checked
Block #4 is checked and the incapacity is expected to last 30 days or more
Block #2 is checked and the condition will substantially reduce or eliminate the ability of the parent to support or care for the child
When the parent turns in a Medical Assessment Form (PA 635), incapacity is verified if:
Block #1 is checked showing that accommodations are needed for work or training and the condition will reduce or eliminate the ability of the parent to support or care for the child
Block #2 is checked showing limited ability to find and work at a job
Block #3 is checked and the incapacity is expected to last 30 days or more
Block #4 is checked
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.
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:
Helping the parent identify a source of verification
Requesting verification directly from a possible source, with the parent's consent
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