131.3 Cooperation with Support Requirements

Each applicant/recipient must cooperate in the absent parent determination and the establishment/enforcement of a child support obligation. The CAO must require the applicant/recipient to give proof and must enter supporting evidence in the case notes.         

          55 Pa. Code § 141.21

23 Pa. C.S § 4380

The CAO must not require cooperation when:

NOTE: Action to establish paternity must begin before the child’s 18th birthday.

        55 Pa. Code § 187.27

 55 Pa. Code § 141.21(d)(1)

When Temporary Assistance for Needy Families (TANF) cash benefits applicants/recipients do not cooperate with support requirements without good cause, the CAO must reduce their cash grants by 25%. See Appendix D, Eligibility Status for Non-Cooperation with Support Requirements and Mandatory Participation in Road to Economic Self-Sufficiency Through Employment and Training (RESET).   

NOTE: If more than one grant group is receiving TANF in the same record, cooperation with Support Requirements is determined by grant group.

Example: An applicant or recipient is cooperating with establishing support for a child in grant group one and not cooperating with establishing support for a child in grant group two, only the benefit amount for grant group two is reduced by 25%. The applicant/recipient receives the full FSA for grant group 1.

A TANF household whose cash grant is reduced for failure to comply with support  requirements is entitled to removal of the 25% reduction effective the first payment date that can be met after the compliance has been verified. As individuals not cooperating with support requirements continue to be coded with an ES status, the compliance is not an eligibility factor for the individual. A supplemental OTI is not issued.

55 Pa. Code § 153.44(b)(2)(i)(c)

          55 Pa. Code § 187.26 (c)(1)

131.31 Notification to the Applicant/Recipient

Before requiring cooperation, the CAO must give oral and written notice of the following to the applicant/recipient claiming assistance for a child who has a non-custodial parent or putative father:       

          55 Pa. Code § 141.21(d)(1)(ii)(A)  

55 Pa. Code § 187.25

       23 Pa. C.S § 4380(b)

   55 Pa. Code § 153.44(b)(2)(i)(c)

     55 Pa. Code § 187.26 (c)

NOTE: The CAO must reduce the FSA by 25 percent for a grant group with an SSI parent or a sanctioned specified relative who does not cooperate with child support requirements. 

 

Example 1:  A parent applying for cash assistance for themselves and one child and the parent does not cooperate with support requirements without good cause. The CAO must reduce the two-person Family Size Allowance (FSA) of $316 by 25 percent for a $79 reduction. The family will receive $237 per month in TANF benefits.

Example 2: A parent applying for cash assistance for themselves and her their children, and the parent does not cooperate with support requirements without good cause. The CAO must reduce the five-person FSA of $589 by 25 percent for a $147.25 reduction. The family will receive $441.75 per month in TANF benefits.

Example 3:  A parent was sanctioned for not complying with employment requirements. The case was closed. If they reapply, the employment sanction is still in effect unless she agrees to comply. If she also does not cooperate with child support requirements, the grant for her children is reduced by 25 percent. 

 Example 4: The applicant household is made up of an unemancipated minor child (child-only budget). The CAO must lower the FSA by 25 percent if the non-eligible specified relative does not cooperate with child support requirements.

Example 5: If the applicant household is made up of a single adult who does not cooperate in getting support from an absent spouse, the CAO must lower the cash grant by 25 percent.

FSA Group 2 is used for all examples.

The CAO must use the PA/CS 647 Child Support Information Sheet and the PA/CS 173-WP Support and Good Cause form to give information about child support requirements and good cause exceptions. The applicant/recipient signs the PA/CS 173-WP to show receipt of the information. The CAO worker signs the form, gives the original to the applicant/recipient, and keeps the copy in the case record for six years.

The CAO must change cooperation procedures when: 

      23 Pa. C.S. 4378(a)

 


131.32 Cooperation Criteria for Child Support

To be eligible for the full assistance amount, the applicant/recipient must cooperate with DHS, the DRS, and/or court of common pleas in determining parentage and establishing support obligations.

55 Pa. Code §187.23(b)

Cooperation means that the applicant/recipient must:

 55 Pa. Code §125.24(c)(3)

  55 Pa. Code §141.21(d)(1)

23 Pa. C.S. 4379

  23 Pa. C.S 4353

NOTE: The CAO must evaluate the applicant/recipient’s efforts to cooperate case-by-case, specific to the facts and circumstances the applicant/recipient gives. The applicant/recipient must give the name and enough information to identify the non- custodial parent except when the applicant/recipient claims good cause or can not be reasonably expected to know or get information about the putative father or non-custodial parent. By Pennsylvania law, non-cooperation is presumed if a single biological mother does not identify the putative father by name, second genetic exclusion of the putative father(s) named by the applicant/recipient, or a court order does not establish parentage. This may be rebutted only by clear and convincing evidence. Non-cooperation is also assumed if any applicant/recipient does not cooperate with establishing support obligations. See Section 131.35, Cooperation Prior to Authorization.


131.33 Cooperation Criteria for Spousal Support

If there is an absent spouse, the applicant/recipient must cooperate with the DHS, DRS, and/or court of common pleas in establishing a support obligation.      

55 Pa. Code §141.21

55 Pa. Code §187.23(c)

Legally responsible relatives of the cash assistance applicant/recipients are:

  55 Pa. Code §187.22

  23 Pa. C.S. §4371  

Use PA/CS 643A, Certificate of Cooperation to document cooperation for support. See Section 131.35, Cooperation Prior to Authorization.

NOTE: Spousal support is gender neutral and reciprocal in all fifty states.

Cooperation means that the applicant/recipient must: 

 55 Pa. Code §125.24(c)(3)

 55 Pa. Code §141.21(d)(1)

23 Pa. C.S. 4378

23 Pa. C.S 4353


131.34 Transportation Allowance

The CAO must provide an allowance if the recipient is in need of transportation to:

See Chapter 138.41, Transportation Allowances.


131.35 Cooperation Prior to Authorization

The CAO must: 

55 Pa. Code 141.21(c)

55 Pa. Code 187.23 (d)

55 Pa. Code §187.26

       23 Pa. C.S. 4378

NOTE: When adding a newborn child to the assistance group, the recipient must cooperate with the child support enforcement requirements before the end of the grace period. See Section 168.812, Addition of Newborn Children to the Budget Group. The CAO provides a Certification of Cooperation, PA/CS 643A at the interview to establish continuing eligibility for the newborn. 

NOTE: Use one PA/CS 643A for each non-custodial parent or putative father. Children with the same parent or putative father are listed on the same PA/CS 643A

NOTE: If the applicant/recipient does not return the PA/CS 643A, authenticated by the DRS, the CAO must determine eligibility and, if eligible, authorize assistance within 30 days of the date the application is completed and signed. The CAO must lower the cash grant by 25 percent. See Appendix D, Eligibility Status for Non-Cooperation with Support Requirements and Mandatory Participation in Road to Economic Self-Sufficiency Through Employment and Training (RESET).

NOTE: The Secretary of Human Services may waive the pre-authorization personal appearance at the DRS requirement if the DRS can show that another procedure would be as efficient and effective. The CAO must not complete the PA/CS 643A if the personal appearance requirement was waived. The DRS must receive the notice of application for support services by automated transfer of information from eCIS.

55 Pa. Code §187.23(d)(3)

 

Exception: Noncooperation is presumed if the mother does not provide the name of the putative father of a child for whom cash assistance is sought or received if she was not married at the time of birth or a court order naming absent parent is not provided. This may be challenged only by clear and convincing evidence. When the mother is unable to cooperate, that is considered by the CAO to be clear and convincing evidence.   

  55 Pa. Code §141.21(d)(1)

    55 Pa. Code §187.23(b)(1)

       23 Pa. C.S. 4379  

If there is no clear and convincing evidence that a single individual giving birth cannot provide the putative father's name and a court order is not verified, the CAO must:

 

NOTE: Noncooperation with support requirements by an applicant or recipient, unless there is good cause, does not affect the duty of the LRR to pay support.

If the applicant/recipient reports that the DRS did not complete the PA/CS 643A, the CAO must verify with the DRS that the applicant appeared and that the delay in returning the form is beyond the applicant’s control. The CAO must consider the requirement met if the delay was caused by the DRS.

 

55 Pa. Code §§153.44 (b)(2)(i)(C)

55 Pa. Code §187.26(c)(1)

A new PA/CS 643A is not required for cash assistance for: 

The CAO must system generate an electronic referral to the DRS to include any new information or changes the person gives to re-establish the support assignment. The client must cooperate with all other support requirements unless good cause for non-cooperation is established. 

Scan the PA/CS 643A into imaging.


131.36 Application for Support Services

On the cash assistance authorization date, in addition to the Certificate of Cooperation, PA/CS 643A paper referral, the CAO authorizes the PA/CS 643 Application for Support Services electronically through eCIS.  The electronic application is sent from eCIS to the DRS through the Pennsylvania Child Support Enforcement System (PACSES) for each absent LRR and each putative father.  The electronic application is not sent by the CAO if the CAO determines the applicant/recipient has good cause not to cooperate with support requirements.  See Section 131.3 Cooperation With Support Requirements.

The DRS must notify the CAO when genetic testing excludes a named putative father. If the excluded person is the first named putative father, the CAO must interview the recipient to get the name and information for another putative father.  The CAO must authorize generation of another electronic Application for Support Services through eCIS to PACSES.       

 55 Pa. Code §187.23(b) 

 

Updated May 3, 2024, replacing October 22, 2013