1. HELP MLP and CKHS:
Partners in Advocacy
Training #7
Accessing Public Benefits and
Services for Victims of Domestic
Violence:
Spotlight on Cash Assistance

2. Accessing Public Benefits and Services
for Victims of Domestic Violence


The Family Violence Option (FVO)
Cash Assistance
 Temporary Assistance for Needy
Families (TANF)
 General Assistance (GA)

3. The Family Violence Option
(FVO)

What the Family Violence Option (FVO) is: the FVO is legislation
that was adopted as part of the federal welfare law as a response to
the unique problems faced by welfare recipients who are victims of
domestic violence.



Many women who are in need of public assistance (welfare) are
former or current victims of domestic violence. The FVO was the
law’s response to research demonstrating that over half of adult
women on welfare are past or current victims of domestic violence.
Many of the normal welfare requirements can create particular
dangers or barriers for these individuals.
While going to work, attending school, or pursuing child support may
provide advantages for victims of domestic violence, these activities
may not be appropriate for all battered women and, in some
cases, may put them in more immediate danger from their abusers.

4. The Family Violence Option
(FVO) and public benefits

For purposes of FVO protection, Pennsylvania has defined “domestic
violence” as including but not limited to one or more of the following:

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threatened or attempted physical or sexual abuse
physical acts that threaten to result in injury
physical acts that actually result in injury
sexual abuse
sexual activity involving a dependent child
being forced, as the caretaker relative of a dependent child, to engage in
non-consensual sexual activities
neglect or deprivation of medical care
mental abuse, which includes but is not limited to:



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threats to kill or otherwise harm people or property,
threats to kidnap, threats to commit suicide, stalking, repeated use of
degrading or coercive language,
controlling access to food and sleep, and
controlling or withholding access to economic and social resources

5. The Family Violence Option
(FVO) and public benefits

Public benefits most commonly sought by victims of
domestic violence:





Temporary Assistance for Needy Families (TANF)
 A cash assistance program for pregnant women and families, is a
federally-funded program.
General Assistance (GA)
 Provides cash to certain categories of people, including adults with
disabilities, children living with non-relatives, certain people in drug
and alcohol treatment programs, some survivors of domestic
violence, and others.
Child Care Information Services (CCIS)
 Subsidized child care program for low-income working families and
former TANF families.
Medical Assistance (MA)
Supplemental Nutrition Assistance Program (SNAP)
 aka, Food Stamps

6. The Family Violence Option (FVO)
and Cash Assistance Benefits

In Pennsylvania, The Department of Public
Welfare’s (DPW) local offices – also called County
Assistance Offices (CAOs) – run two programs that
provide Cash Assistance to low-income people:


Temporary Assistance for Needy Families (TANF)
General Assistance (GA)

7. The Family Violence Option
(FVO) and public benefits



The FVO adds flexibility to the TANF, GA and CCIS programs so that
victims of abuse can receive waivers from certain program
requirements, if compliance would place them in jeopardy.
When someone is excused from welfare requirements because of
domestic violence, the DPW calls it granting a waiver or granting “good
cause.”
As a rule under the FVO, domestic violence victims can be excused
from welfare program requirements:

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If the requirements place them or their families at risk of further domestic
violence, or
If the requirements would make it more difficult for them to escape domestic
violence or penalize them for past abuse, or
If the applicant would have difficulty meeting any requirements because of
the effects of domestic violence.


Meaning that, a victim may be excused from program requirements not only in
situations where she is currently being abused, but also in instances where
the effects of abuse – either physical or psychological – interfere with her
ability to meet TANF, GA or CCIS requirements.
Victims of abuse often suffer poor health, substance abuse, post traumatic
stress and other anxiety and depressive disorders.

8. The Family Violence Option
(FVO) and TANF
How the FVO works:
 A state that elects the FVO (like Pennsylvania)
makes a commitment to:



Screen for domestic violence among TANF participants
Make referrals to counseling and supportive services
Waive TANF program requirements, pursuant to a
determination of “good cause,” if those requirements:
 Would make it more difficult for someone to escape
domestic violence,
 Would put someone at risk of further domestic violence, or
 Would unfairly penalize someone for being abused
 Would undermine the protection of victims’ confidentiality

9. The Family Violence Option
(FVO) and public benefits

It is important to remember the following:

When requesting a waiver, past abuse need not have been directed against the
applicant seeking a waiver of a problematic requirement of any of these public
benefit programs!
 An applicant’s knowledge of past abuse directed against another person could
legitimately place her in fear of further violence by the same perpetrator, and if
so, could constitute “good cause.” The belief must be bona fide, of
course, but the honest belief in a serious threat to self or loved ones can
qualify as good cause.

An applicant is eligible for a waiver of work requirements if she cannot work
because she needs to:
 spend time attending counseling to overcome the effects of abuse, or
 focus on making a stable home for herself and her children after escaping an
abusive situation.

Domestic violence is understood as typically occurring between sexual or intimate
partners, family members, and household members, regardless of whether the
victim and abuser live in the same household.

The FVO also applies to victims of other types of violence affecting families.

A victim of violence does not have to have a prior relationship with the perpetrator
in order to be eligible for the FVO.

10. TEMPORARY ASSISTANCE
FOR NEEDY FAMILIES
(TANF)

11. TANF Basics - Eligibility

Who is eligible for TANF assistance?

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Pregnant women
Families with children, including many two parent families
Children who are living with relatives
People who do not fit into one of these three categories are not
eligible for TANF, but they may be eligible for General Assistance
(GA). For example:


A battered woman whose children are adults, or who does not have
children, or whose children are not living with her, and who is not
pregnant, will not be eligible for TANF, although she might be eligible for
GA (9 month lifetime maximum if DV is the only basis of eligibility).
Similarly, a teenager who moves away from her parents because of
abuse and is living alone, or with people she is not related to, and who is
not pregnant and does not have children herself, would not be eligible
for TANF, although she might be eligible for GA.

12. TANF Basics: Eligibility

To be eligible for TANF, an applicant must generally meet certain
requirements:

Must be a United States citizen and a resident of Pennsylvania.
(Certain non-citizens lawfully admitted for permanent residence may
be eligible.)

All family members must provide Social Security Numbers or apply for
them.

Applicant is required to look for a job or participate in an employment
and training program. (Some people may be excused from the work
requirements, for example, a person with a disability.)

Required to enter into an Agreement of Mutual Responsibility (AMR)
with welfare caseworker, which is a plan for what she will do so she will
no longer need cash assistance. The plan may include looking for
work, attending a training program, or applying for Social Security
benefits. Applicant must sign the AMR and follow through with the
plan.

If applicant wants cash assistance for a dependent child, she must
cooperate with paternity and child support requirements.

13. TANF Basics: Eligibility
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Applicant’s child must be under age 18 or age 18 and a full-time
student.
The child or children must live with applicant and she must care for the
child/children.
Applicant must need support and care for the child as a result of at
least one of these things:
 Death of the child's parent;
 Incapacity of the child's parent (such as a long illness);
 Continued absence of a parent from your home; or
 One or both parents with no income or low income from
employment.
Applicant’s resources (things with cash value such as bank
accounts, bonds or property that is not your primary/main residence)
must have a value of $1,000 or less.
Applicant must report all income from employment or from other
sources including, but not limited to, child support, unemployment
compensation, interest, Social Security benefits, or lottery winnings.

14. TANF Basics: Eligibility

While the income limits for TANF vary depending on size of
family and other factors, the resource limit for TANF is $1,000
regardless of the size of the family.

The following do not count as resources:

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a house that the family is living in (a residence)
clothing and household furnishings
one car per household
the cash value of life an un-cashed life insurance policy
TANF recipients can also set up a special Educational Savings
Account with money from earnings, and that account will not
count as a resource. It can be used only for tuition, books, and
other expenses for college or vocational school.

15. TANF Basics: Eligibility

TANF also includes strict work requirements and
child/spousal support cooperation requirements.

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Remember: TANF is the “welfare-to-work” benefit program. The
goal of the program is to provide temporary assistance to help
families become self-sufficient.
Therefore, as a general rule, refusal or failure to comply with
TANF work and support requirements may lead to denial of
benefits or sanctions.
Sanctions will result in loss of part or all of the cash benefit.
The Family Violence Option (FVO), however, can help victims of
domestic violence avoid some of the problems where compliance
with time limits, work or support requirements, or other TANF
requirements might jeopardize a domestic violence victim’s
safety.

16. The FVO and TANF:
Common Waivers

Some examples of requirements that can be waived under the
FVO:
 Support Cooperation Requirements: If establishing paternity or
pursuing child or spousal support would put a woman or her
children in danger of abuse, she may be excused from these
requirements. Asking to have the support cooperation
requirements waived is known as claiming “good cause.”
 Work (RESET) Requirements: If looking for work, going to
school or job training, or working may put a woman or her
children in danger of abuse or penalize her for past abuse, she
may be excused from these activities.

To get a waiver from work requirements, a TANF participant must
inform her caseworker that she needs to have the requirements
waived and submit a Domestic Violence Verification Form (PA1747).

17. The FVO and TANF:
Common Waivers


Time Limits: In addition to being able to waive particular program
requirements, victims of domestic violence may also be eligible for certain types of
exemptions from TANF time limits, including Time-Out from the TANF clock and
Extended TANF (more on this in a moment).
Teen Parent Live-at-Home Requirement Pennsylvania also has regulations that
predate the FVO which enable teen parents to seek waivers from live-at home
requirements where they are at risk for domestic violence. Teen parents under 18years-old who are not married have to live with a parent or another adult to receive
TANF, unless they meet one of a list of exceptions. One of the exceptions is for
domestic violence. If living at home would be dangerous for the teen parent or her
child because of domestic violence, she can be excused from this requirement. In
most cases, in order to be excused from this requirement, a teen parent on TANF
must provide some evidence of her situation. The following types of evidence are
acceptable:
 Medical records
 Statements (not necessarily written) from school counselors, health
professionals, social services providers, police officers, a court, or others who
know about the teen parent’s situation
 If domestic violence is the reason she cannot live with her parents, the Domestic
Violence Verification Form (PA-1747) can be used to verify the situation and
request a waiver.

18. The FVO and TANF:
Common Waivers

Other Requirements: The MLP attorney and/or HS case managers can
assist their HS participants in seeking a good cause waiver of any TANF
(or GA, or CCIS) program requirement that jeopardizes a victim’s safety
or penalizes her because of the abuse. For example:

A victim may need to have certain routine verification requirements
waived if returning to her prior work site or residence or contacting a
particular third party to obtain documents or resource verification could
compromise her safety.


For example, a victim should not be required to return to the site of a job to
obtain employment verification, or a house where she left copies of birth
certificates, if her abuser could find her in these locations. The DPW
should accept alternative forms of verification and not withhold benefits in
these circumstances.
A victim may have difficulty keeping certain appointments in compliance
with her Agreement of Mutual Responsibility (AMR) because of the
violence.

This is especially true where the violence or threat of violence is not merely
in the past, but an ongoing circumstance in the victim’s life.

19. TANF:
Child and Spousal Support Cooperation
Requirements

Child and Spousal Support


General rule: a TANF applicant is expected to provide DPW with any
information that she has or can reasonably obtain that the Domestic
Relations Section (DRS) needs to identify and locate the father of the
child, establish that he owes child support, and collect the child support.
She must do the following:
 provide DPW with any information she has about the non-custodial
parent, such as the name, address, phone number, Social Security
number, date of birth, place of employment when necessary
 help determine who the father of the child is by submitting to genetic
testing
 pay to the State any support payments given directly to her by the
non-custodial parent
 attend appointments, meetings, hearings or conferences at the
welfare office, DRS, or Family Court

20. TANF:
Child and Spousal Support Cooperation
Requirements

Child and Spousal Support Cooperation, cont:
sign and return relevant forms
 appear as a witness to give testimony in court
 Caseworkers and DRS/Family Court staff will ask the applicant for
documents to verify information, including: birth certificates, marriage
licenses, divorce papers, drivers’ licenses, papers documenting
receipt of benefits, military discharge papers, wage statements or pay
stubs, rent or mortgage payment book, and court documents of any
kind which relate to the applicant’s relationship to the father of her
child(ren).
Welfare office, DRS and Family Court staff often do not recognize that a
woman may be trying to cooperate but may simply not have, and not be
able to obtain, the information they want.



21. TANF:
Child and Spousal Support Cooperation
Requirements

Cooperation with support requirements may endanger victims of
abuse and/or their children. Some common problems:

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When DPW files for support against a father who is a batterer, the father
will receive notice of a legal action initiated by the mother and be
required to participate in court proceedings. The mere act of filing for
child support alone, or enforcement actions which include wage
attachment and driver’s or hunting license suspensions, may provoke a
violent response.
Court notices include the name and address of the person filing for
support, thus the child support action has the potential to alert a batterer
about the location of a woman whose safety depends upon keeping her
whereabouts secret.
Support enforcement actions will bring a woman into contact with her
batterer when both are required to attend court hearings and other
appointments.
Filing for support may motivate the batterer to file for custody and
visitation, which could lead to regular and dangerous contact.

22. TANF:
Child and Spousal Support Cooperation
Requirements

How the Family Violence Option (FVO) can help:

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TANF applicants should clearly understand what will happen
when they cooperate with child support efforts so that they can
evaluate the threat to their own and their children’s safety.
If an applicant/recipient does not cooperate and does not have
“good cause,” she will be “sanctioned,” meaning, the amount of
her family’s grant will be reduced. The support cooperation
sanction then continues indefinitely until she either cooperates or
is found to have “good cause.”
It is therefore very important that women understand the option of
asserting “good cause” to protect themselves and their children;
the FVO provides the option of requesting a waiver of
problematic TANF program requirements based on domestic
violence to avoid penalties.

23. TANF:
Child and Spousal Support Cooperation
Requirements

How the Family Violence Option (FVO) can help:

In addition to “good cause” waiver requests based on domestic
violence, the following circumstances may also qualify as “good
cause” for women who need a waiver from support enforcement
requirements:
 The woman’s child was conceived as a result of incest or rape
 Legal proceedings for the adoption of the child in question are
pending before a court
 The applicant/recipient is currently being assisted by a public
or licensed private social agency to resolve the issue of
whether to keep or relinquish the child for adoption, and the
discussions have not gone on for more than three months

24. TANF: Time Limits


There is a 60-month lifetime limit on TANF
benefits, but there are certain exceptions to this rule
that can be helpful to victims of DV.
How time is generally calculated for children and
adults:


If any adult on a TANF grant (“budget group” member) has
received a total of 60 months of TANF benefits, then
everyone on that adult’s grant (the entire “budget group”) is
ineligible, including the children.
Those children, however, will be eligible for another 60
months of federally-funded TANF benefits when they
become adults.

25. TANF: Time Limits Exceptions to general rules

Child-Only Grants

In certain situations, a household will be eligible for
“child-only” TANF grants. Common examples:



Situations where non-parental caretakers are raising children
in their homes
A parent is a recipient of Supplemental Security Income (SSI)
for themselves, but has no income available for the children
Child-only grants do not count toward the 60-month
total for the children or for their caretakers; these are
NOT subject to the usual time limits - they can
continue for as long as the recipients remain eligible/in
need.

26. TANF: Time Limits
Exceptions to general rules

Q: Is there any way a recipient can receive
more than 60 months of benefits?

A: Yes! Pennsylvania has developed two
initiatives to provide recipients with necessary
additional time on TANF:


“Time-Out” from TANF during the 60 months of TANF
eligibility, and
Extended TANF after the expiration of 60 months of
receiving TANF.

27. TANF: Time Limits
Exceptions to general rules

“Time Out” from TANF:

Provides recipients with a period of time off the TANF clock.
During Time-Out, recipients receive the same benefits and are
subject to the same rules and requirements as on TANF.

To be eligible for Time-Out, a recipient must meet the
requirements of one of the following five categories of
eligibility:

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Victim of Domestic Violence
Working Recipient
Early Engager
Exempt Maximizing Participation Project (MPP) Volunteer
Kinship Caregiver

28. TANF: Time Limits
Exceptions to general rules

“Time Out” from TANF:

Welfare office case workers are generally responsible for
determining eligibility and processing Time-Out. Case workers
have also been instructed to automatically provide Time-Out for
those recipients whose eligibility is easily identified from DPW’s
own records about Time-Out.


This includes those who are victims of domestic violence who
already have a good cause waiver for some work or support
requirements based on domestic violence or are known to the
CAO to be a present or past victim of domestic violence or at risk
of further domestic violence.
If a recipient believes she is eligible for Time-Out based on
domestic violence that the CAO may otherwise be unaware
of, she should submit a completed Domestic Violence Verification
Form (PA-1747).

29. TANF: Time Limits
Exceptions to general rules

“Time Out” from TANF:

A victim of domestic violence is eligible for a “time out” of
up to 12 months if she:
 Has a past or current waiver of support cooperation, work
(RESET) or other TANF requirements based on domestic
violence, or
 Completes Domestic Violence Verification Form (PA1747).
 The same recipient can be eligible later for an additional
Time-Out in another category if she meets the requirements
of that category.

30. TANF: Time Limits
Exceptions to general rules

Extended TANF:


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
Extended TANF (E-TANF) allows families to continue receiving
TANF benefits even after they have exhausted their 60-month
federally-funded time limit if they comply with certain
requirements. There are 7 categories of eligibility for ETANF, including eligibility on the basis of domestic violence.
Every family who is approaching the 60-month TANF limit should
be automatically reviewed by the CAO for Extended TANF
benefits without any interruption of benefits.
Families that have already exhausted TANF also may apply for
Extended TANF, and may do so at any time.
A family receiving Extended TANF based on domestic
violence must comply with a “Domestic Violence Services
Plan.” This simply means that the recipient must sign and
comply with a new Agreement of Mutual Responsibility
(AMR).

31. TANF: Agreement of Mutual Responsibility
(AMR)

The Agreement of Mutual Responsibility (AMR)

The AMR is a contract between the TANF recipient and the DPW. It
serves as an outline of such things as the TANF recipient’s
employment, education, or other goals and sets out the things that
she will do in exchange for the receipt of TANF benefits, such as:



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
A TANF recipient should be sure to ask her caseworker to include things
that DPW will do to help her meet her goals (called “special allowances”
– we’ll talk about these in a moment).


participating in work activities
drug treatment
keeping her children in school
and much more
Many TANF recipients do not realize this, and case workers often neglect to
fully explain these options to them. But be certain: the AMR is a TWO-WAY
street - it is an exchange of promises between the DPW and the recipient!
She should also be sure that the AMR includes education, training, and
work activities that she believes will help her get off welfare.

32. TANF: Special Allowances
•
•
Special allowances for supportive services are
provided by the DPW to enable TANF recipients to
work or to participate in work-related
activities, education, or training programs.
A TANF recipient may request a special allowance
at any time the need arises. She may request the
allowance from:
•
•
•
•
her CAO worker
her case manager (if she is in a contracted employment
and training program), or
her student facilitator (if she is in the KEYS program).
No application is required, but the activity for which
the TANF recipient needs a supportive service must
be approved on her AMR.

33. TANF: Special Allowances
•
•
To repeat: CAO case workers will not offer these allowances unless asked.
If a TANF recipient asks and is denied, she should ask to speak to a
supervisor, appeal the denial, or contact the MLP attorney, who may be
able to help overturn the denial decision.
The following allowances should be available, albeit, on a limited basis for
each TANF recipient (i.e., a maximum benefit frequency and maximum
dollar amounts apply to each); note also that these are available only
insofar as they are required for, or help to enable participation in, approved
work or educational activities:
• Child care (for children under 13) or care for a disabled child or adult
of any age.
• Public transportation (SEPTA)
• Private transportation
• Car Purchase (limited grant available)
• Car Repair
• Driving expenses (drivers license, inspection and emission control
fees, license plates, registration fees)
• Moving costs
• Hotels or food
• Clothing, Tools and Equipment
• Books and Supplies; Fees; Union dues

34. TANF: Special Allowances
•
Q: How often can a TANF recipient get a
special allowance?
•
•
A: Special allowances that meet ongoing
needs, like child care or transportation
allowances, continue for as long as the client
needs them in order to participate in her approved
activity.
The general rule for non-recurring special
allowances, like car repair or clothing
allowances, is that they are provided once per job
or as needed for education or training.

35. TANF: Special Allowances
•
Q: Are special allowances for supportive services
available only to TANF recipients, or can recipients
of General Assistance (GA) or Food Stamps receive
them as well?
•
•
•
Yes. GA recipients can receive supportive services for all
the same activities as TANF recipients!
Families that receive Food Stamps, but neither TANF nor
GA, can receive supportive services for education and
training activities, but not for work.
Working Food Stamp families that need help with such
expenses as car repair or car purchase can volunteer for
activities like a job search in order to qualify for supportive
services.

36. The Family Violence Option
(FVO) and TANF
Confidentiality:

DPW is supposed to maintain the confidentiality of every domestic
violence victim who reveals that she has been abused.
However, there are gaps in the confidentiality protection provided by
the department and its CAOs. Several steps can be taken to help
preserve your HS participant’s privacy and protect her
safety, including:
 Asking for a private meeting room for welfare appointments
 Providing an alternate address and phone number for her welfare
file
 Asking that support court documents not list her address
 Requesting that her address and phone number not be released
to anyone outside the welfare department without her permission

37. The Family Violence Option
(FVO) and TANF


Emphasizing that the abuser is not to be contacted for verification
or any other purposes.
Ensuring that her Agreement of Mutual Responsibility does not
reference domestic violence or list activities for her to pursue
because of domestic violence.
It should instead say “referred for services” and/or “waiver granted.”
Using the Address Confidentiality Program of the Office of Victim
Advocate
 The Office of Victims Advocate’s Address Confidentiality Program
(ACP) functions as a mail forwarding system for victims of domestic
violence, sexual assault, and stalking, providing victims with a legal
substitute P.O. Box address in Harrisburg, which is used in place of
their actual address. The substitute address must be accepted as the
HS participant/victim’s legal address by all state and local agencies.
Applicants for programs at the CAO or a CCIS (child care
agency), including TANF, Food Stamps, Medical
Assistance, subsidized child care, LIHEAP, and other programs, may
use this legal substitute address on their application for benefits
instead of using their actual address.


NOTE: An important exception to the confidentiality of information provided
to caseworkers is their Legal obligation to report any incidents of child abuse.

38. Public benefit waiver requests
The CAO may waive any TANF/GA program requirement except for the
following:











Income
Resources
Citizenship
Deprivation
Specified Relative
Enumeration
Identity
Criminal Status
Residency (applicant must be a resident of the state of Pennsylvania)
GA categorical eligibility requirement
Signing required forms (such as the PA 4 and Common Application Form (PA
600))
*** Requests for waivers of any of the above requirements shall be determined by
DPW’s Bureau of Policy on a case-by-case basis. ***

39. Public benefit waiver requests



The CAO should provide written notice to the HS participant of the
determination on the waiver request.
If the waiver request is granted, the written notice will state what
requirements are waived and explain that the waiver will remain in
effect for as long as necessary and be reviewed every 6 months.
If the request is denied, the notice will state:
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what requirements are not being waived
the basis for the determination
the right to appeal
what additional evidence or information is needed to substantiate the “good
cause” claim and the time frames in which the information must be provided
the option to comply with whatever requirement is involved
If a written notice has not been received, the HS participant, or you as her
advocate, should contact the CAO to ask about the status of her waiver
request. She can appeal the failure to act on a waiver request as well if a
request is denied.

40. The Family Violence Option
(FVO) and TANF

Q: What happens if my HS participant has already applied for, or is already
receiving TANF, but did not know to reveal that she is a victim of domestic
violence during the TANF application process?



Important: many women do not reveal that they are victims of abuse at the beginning of
the application process – even if they have been notified of the existence of the Family
Violence Option (FVO). When first informed about the FVO, women may not even
realize that abuse will interfere with their ability to complete TANF or GA eligibility
requirements, and so may choose to keep the abuse to themselves.
The good news: good cause waivers on the basis of domestic violence can be
requested at any time! A woman who had not previously disclosed abuse may do so
when it becomes clear to her that she will be sanctioned for non-cooperation or
noncompliance.
In some situations the woman may not feel able to disclose abuse until after a sanction
or other penalty has already been imposed. Some possible situations where a victim of
domestic violence may need to have sanctions lifted include the following:

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missed appointments at Family Court or for a work program
tardiness or absence from job search classes, school, or work activities
reducing work hours
quitting a job

41. The FVO and TANF Diversion Grants

Q: What if my HS participant has an
immediate need for financial help, but does
not feel that she needs on-going cash
assistance?

A: HS participants who meet TANF eligibility
requirements have the option of receiving a
“diversion grant” instead of on-going TANF
benefits. The diversion program provides a lumpsum payment equal to one-month, two-months, or
a maximum of three-months worth of TANF in lieu
of receiving on-going TANF.

42. The FVO and TANF Diversion Grants

Diversion Grants are designed for families with an immediate financial need
that occurred due to the recent loss of a job or reduction in earnings.
 Examples of needs that might be met with a diversion payment include:

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transportation expenses (e.g., car repairs, car payment, car insurance);
child care costs;
housing expenses (e.g., mortgage payments, rent, home
repairs, utilities);
cost to relocate to secure employment.
A diversion grant may be received only once in a 12-month period.
There are no work or support cooperation requirements for the diversion
program.
This can be very helpful especially to victims transitioning out of a violent
situation with only short-term needs who do not anticipate long-term inability
to support themselves; think of it as a “safe harbor” for these families, who
otherwise do not fit the TANF recipient profile.

43. The FVO and TANF Diversion Grants

To get a diversion payment, your HS participant
must:
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
Meet TANF eligibility requirements.
Be currently employed or have been employed within 90
days of application.
Have a verified financial need that if met would prevent the
family from having to apply for on-going TANF.
Verify expected income from another source that will make
it unnecessary for the family to apply for on-going TANF.
 This could be income from employment, child
support, social security, etc.

44. General Assistance (GA)

This program provides Cash Assistance for some people
who are not eligible for TANF, including, but not limited
to:
 people with temporary or permanent disabilities
 victims of domestic violence
 teens who are married or between the ages of 16 and
18 and do not live with relatives
 are caring for a child not related to them, or an ill or
disabled adult
 people who are in drug or alcohol treatment that
prevents them from working.

45. General Assistance (GA)

To qualify for GA on the basis of domestic
violence, an applicant must be pursuing or receiving
some kind of protective services, which can be from
any agency or branch of government (including the
courts or the police) or from a social services
agency, including (but are not limited to) the
following services:
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living in an emergency shelter or emergency housing for abuse victims
receiving supportive counseling from an abuse program
receiving services to prevent further potential abuse receiving services
necessary to remain at home
filing assault or battery charges against the abuser at the police department
obtaining a Protection From Abuse (PFA) order, restraining order or a peace
bond against the abuser.

46. General Assistance (GA)

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The same rules for TANF about cooperation on spousal and child
support and about claiming good cause for non-cooperation apply to
GA recipients as well.
Applicants for and recipients of GA have the same appeal rights as
for TANF.
An applicant/recipient should be sure to appeal anytime a she is
denied GA, or is notified that her GA benefits will be reduced or
terminated.
Clients who are getting GA can get Special Allowances to go to
school or to vocational training programs just like clients who are
getting TANF, and clients who are exempt from the work
requirements (because of disability or a child under one year of age)
or who have a domestic violence waiver can be “volunteers.”

47. Other Frequently Asked Questions

Q: If an applicant is pregnant but has no other
children, when can she get benefits for the
child?

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A: A pregnant woman can get cash benefits for herself as
soon as her pregnancy is verified by a medical provider.
A welfare caseworker must then add the newborn baby to
the case immediately when they are notified of the
birth, even if they have no written proof. Within 30 days
after the baby is born, the caseworker will schedule an
appointment for the mother to bring in any necessary
paperwork.

48. Frequently Asked Questions

Q: If a TANF applicant has left her husband and
is living in a separate household but is not
divorced from him, does his income count
towards her eligibility?


A: If she is separated (i.e., living separate and apart from
her husband) and she and her children are living in a
separate household, his income does not count in
determining whether she is eligible for TANF. The
separation does not need to be legal (remember: there is
no legal separation in PA!).
But note: any cash contributions that he makes towards
support of the family do count.

49. Frequently Asked Questions

Q: What about property owned jointly by my
participant and her abuser?


A: If a victim of abuse is still living with her abuser who is her
spouse and/or the parent of her child(ren), the abuser’s income
and resources will be considered when determining eligibility for
benefits.
However, a victim of abuse may no longer be living with her
abuser but may continue to own property jointly with the abuser.
If these resources are not accessible to the victim, they should
not be considered when determining her eligibility for benefits.
Healthy Start case managers should contact the MLP attorney to
assist our program participants in supplying a statement attesting
to the inaccessibility of these financial resources.

50. Frequently Asked Questions

Q: Can family or friends help my participant with
expenses if she gets Cash Assistance?

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A: Yes, but it is important that they follow certain rules in doing it.
First, if they give her money, the amount of that money will be
deducted from her grant. But if they pay bills for her or buy her
things, it does not count against her grant! This is perfectly legal and
very important, since welfare grants are not actually enough for people
to live on.
If the participant’s friends or family pay a bill directly to someone to
whom she owes money (like her landlord, or a utility company) that is
called a vendor payment and it does not reduce her Cash Assistance
or Food Stamps.
Buying groceries, clothing or furniture for the program participant is also
okay; this is called in-kind support, and will not reduce the amount of her
benefits.
Also, any loans she gets from friends, family or a bank do not count as
income as long as she intends to repay the loan.

51. Frequently Asked Questions

Q: Does a HS participant need a custody order
to get welfare benefits for a child she is caring
for?

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A: No! If the child is living with the HS participant and is
under her care and control, the HS participant can get
benefits for the child regardless of who has legal custody.
Legal tip for Healthy Start case managers: people in the
welfare department sometimes tell grandparents and other
relatives taking care of children that they have to get a
custody order to receive benefits. This is false: having a
legal custody order is not necessary to receive welfare.

52. Frequently Asked Questions

Q: Can a HS participant get welfare benefits if she is living with a
friend or relative or in a shelter?
 A: Yes. However, because the welfare office (CAO) will expect that she
will receive mail at the address she supplies, applicants should be
informed that the address they provide when applying for benefits may
be used to mail them information and may be used on future court
documents (like for child support enforcement). This can be a problem
for domestic violence victims.
 An applicant/recipient is permitted to use a mailing address other than
residence, such as a P.O. box or a friend’s house. The applicant should
tell the CAO that it is only a mailing address. She will be responsible for
checking for mail from the welfare office at that address.
 NOTE: People often lose their welfare benefits because of a missed
appointment or a notice they did not receive. Applicants/recipients in
temporary living situations should be reminded that they have a duty
to notify the CAO of any address changes. This is very
important, because the welfare department will cut off the family’s
benefits without advance notice if any mail is returned to the CAO!

53. Frequently Asked Questions

Q: What if my HS participant is unable to comply
with a Cash Assistance requirement because of
domestic violence?

A: Again, TANF or GA requirements can be waived at any time if
compliance with the program requirement would:
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make it more difficult for a family member or household member to
escape domestic violence; or
place a family/household member at risk of further domestic violence; or
unfairly penalize a family or household member because of domestic
violence.
Any TANF or GA requirement can be waived if necessary, using the
Domestic Violence Verification Form (PA 1747).
The most common types of waivers (support cooperation, work
requirements, Time-Out, Extended TANF, and teen parents) are listed
on the form, but other program requirements can also be waived if
needed.

54. Frequently Asked Questions

Q: How is domestic violence treated on
the Agreement of Mutual Responsibility
(AMR)?

A: Caseworkers have been instructed that
information about domestic violence is NOT to be
placed on the HS participant’s AMR. The reason
for this policy is that AMRs are sometimes shared
with people outside the CAO.

For example, AMRs may be available to training
programs or employment contractors.

55. Frequently Asked Questions

Q: What will happen if a TANF
applicant/recipient refuses to sign an AMR?


A: If your HS participant does not sign her AMR, she will not be
eligible for cash benefits for herself. Therefore, if there is
something written on the AMR with which she doesn’t agree, she
should sign her name, write “UNDER PROTEST” above her
name, and appeal. AMRs can be changed, but it is important
that your HS participant only put activities on the AMR that she
will realistically be able to accomplish.
Remember: AMRs are supposed to be mutual. If a HS participant
feels that an AMR does not reflect her stated goals or does not
contain the activities or services she requested, she should talk
to a supervisor. If that does not work, she should appeal right
away.

56. Frequently Asked Questions

Q: Can DPW require an applicant/recipient to get
counseling or to seek a Protection from Abuse
order (PFA)?


A: Absolutely not! HS participants may not be forced to
seek legal protection or receive counseling. Caseworkers
may and should make referrals to community or legal
services, but receiving benefits cannot be made contingent
upon utilizing these services; it is ultimately up to the
applicant to determine what courses of action are safest
and healthiest for herself, and those choices must be
respected
If a caseworker tells a victim of DV that such services are
mandatory, or lists them as mandatory on the AMR, she
should ask to speak to a supervisor and appeal her AMR.

57. Frequently Asked Questions

Q: What if my HS participant’s application (for TANF or
most any other public benefit program) is denied?

A: If her application is denied, she should appeal right away. She
has the right to appeal within 30 days of the date of the notice.
An appeal can always be withdrawn if it turns out the welfare
department was right, but if she does not appeal, or if she waits
too long, she will lose her rights.


Deadlines always loom in the world of public benefits and can
hurt those who do not meet them. An advocate’s rule of thumb:
APPEAL denials or terminations NOW, and sort out the details
later!
If she is applying for benefits and DPW denies her application
and she wins her appeal, she will get benefits for the period of
time that has passed since the date of her original application.

58. HELP: MLP/CKHS
Reminder: the information in this presentation
is general legal information and may not apply
to a particular case. If your Healthy Start
program participant needs legal advice about a
specific situation:


Call Laura Handel, the HELP MLP-CKHS
attorney at Ext. 7355 for a consultation, or
Fill out a Legal referral form and place in
Laura’s mail bin. 