131.52 Noncooperation Court Order

Upon receipt of a noncooperation court order issued by a court of common pleas, the CAO must:

Implement the order within 10 days of receipt by sending a n Advance Notice to lower the cash assistance grant of an applicant/recipient by an amount of 25 percent.

NOTE: Only the grant group(s) including a child for whom the specified relative is non-cooperative receives a 25 percent reduction if there is more than one grant group.

NOTE : A ll eligible mandatory budget group members including those in a TANF budget group whose grant has been reduced by 25 percent must cooperate with RESET requirements. They will be required to work or participate in work-related activities. See Appendix D, Eligibility Status for Noncooperation with Support Requirements and Mandatory Participation in Road to Economic Self-Sufficiency Through Employment and Training (RESET) .

Tell the applicant/recipient that the right of appeal to the DHS Bureau of Hearings and Appeals does not include the right to appeal a court order where the court determined noncooperation. The right of appeal to the Bureau of Hearings and Appeals is limited to the amount of the net assistance grant calculation.

Remove 25 percent penalty only when receiving another court order, on the first payment day after the effective date of the order.

NOTE: DRS must let the CAO know if the court receives an appeal and decides to hear the appeal. The 25 percent reduction in cash assistance is in effect until the first payment date after the effective date of a new court order . A One Time Issuance (OTI) is not initiated.

55 Pa. Code §153.44(b)(2)(i)(C)

55 Pa. Code §187.26(c)(1) 23 Pa. C.S. 4380

Updated May 3, 2024, replacing February 8, 2013