Support may be court-ordered or voluntary. It may be paid directly to the client or paid to DHS. Support paid by an LRR for a child or spouse or by a putative father for a child counts for eligibility. See Section 150.31, Support Payments.
If a recipient agrees to accept cash assistance, then DHS legally is required to collect support for the recipient and for any family member in the household also receiving cash assistance. The assignment is effective up to the amount of cash assistance received. The assignment does not include pre-assistance arrears owed to the family when they were not receiving cash assistance. Pre-assistance arrears are paid directly to the family by the Pennsylvania State Collection and Disbursement Unit.
55 Pa. Code ยง187.23(e) 23 Pa. C.S. 4378
Treat these support arrears payments as lump sum unearned income for:
Cash Assistance;
Supplemental Nutritional Assistance Program (SNAP);
Medical Assistance;
Low-Income Heating Energy Assistance Program (LIHEAP).
Use:
Cash Assistance Handbook Section 157.5, Determining the Effect of a Lump Sum Payment on Eligibility;
SNAP Handbook Section 550.5, Income Excluded in Computing Eligibility;
Medical Assistance Eligibility Handbook Section 357.1, General Policy;
The assignment:
Includes medical support to reimburse expenses paid under the DHS/Medicaid program;
Is effective when the recipient is found eligible and until eligibility ends.
Upon termination of cash assistance:
The assignment of financial support rights ends, but support that was owed to DHS during the time cash assistance was being paid continues to be owed until it is paid to DHS per Federal law.
The assignment of medical support rights ends, but medical support that was owed for expenses paid under the DHS/Medicaid program continue to be owed to DHS until paid.
When the client directly receives support after assignment, the CAO must:
Tell the applicant/recipient that, by law, support received directly by the recipient from an LRR or the DRS after assignment must be returned/repaid to DHS.
NOTE: It is possible to waive the collection of voluntary support paid directly to the recipient in some instances where domestic violence may exist. See Section 108.75.
Collect any voluntary or court-ordered support paid directly to the recipient.
Issue a Receipt of Payment, PA/CS 175-M for support returned to DHS. See Supplemental Handbook Chapter 915, Reimbursement.
Send the payment to:
Bureau of Child Support Enforcement
Division of Field Operations
P.O. Box 8018
Harrisburg, PA 17105
Process an overpayment referral for collection by the Office of Inspector General for any support payments received by a recipient after assignment and not returned to DHS.
Reissued: January 31, 2012 replacing August 10, 2009