129.3 Incapacity

The County Assistance Office ( CAO ) must consider a child deprived if either parent living with the child has a physical or mental incapacity which:

Substantially reduces or eliminates the parent's ability to support or care for the child

Is expected to last at least 30 days

55 Pa. Code § 153.44(c)(1)

55 Pa. Code § 153.44(c)(2)

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 Insurance ( RSDI ) if they are potentially eligible. A person can be incapacitated for Temporary Assistance for Needy Families ( TANF ) purposes and not meet the stricter tests for SSDI . Individuals receiving SSDI or Supplemental Security Income ( SSI ) disability benefits automatically meet TANF incapacity requirements.

55 Pa. Code § 183.13

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.

55 Pa. Code § 153.44(c)(2) (i)

A parent who suffers from a chronic illness that reduces or eliminates their ability to support or care for their 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.