Section 366.4 Eligibility requirements for CAP.
This section outlines the exceptions to department regulations for CAP.
(a) A potentially eligible program participant requesting to transfer
to CAP must complete the State-prescribed recertification form and the State-prescribed
form requesting enrollment in CAP.
(b) An initial eligibility interview must be completed to certify the
applying family's eligibility for CAP.
(c) The following eligibility prerequisites must be met for a family to
receive CAP:
(1) all family members requesting a transfer to
CAP must be in receipt of FA or meet the exception provided below under subdivision (d);
(2) the custodial parent must possess a support
order for each child enrolling in CAP, and the parent named in the order must be absent
from the home, except where failure to obtain a support order is due to one of the
following:
(i) the absent parent
is deceased;
(ii) the custodial
parent has demonstrated to the satisfaction of the district, a diligent effort to obtain a
child support order, including providing the district with the name of the non-custodial
parent and a verifiable address at which service of process can be effectuated, but due to
reasons outside the control of the custodial parent, a child support order is not
obtainable in a reasonable period of time. As long as the custodial parent is cooperating
with Part 347 of this Title in establishing paternity and obtaining a child support order,
such child support order will not be considered available in a reasonable period of time
after a four month period has elapsed from the date the name and verifiable address is
provided to the agency;
(iii) the custodial
parent has good cause, as defined in Department regulations for not cooperating with
either paternity establishment or obtaining a child support order; or
(iv) the child resides
with both parents, and paternity has either been acknowledged in writing by both parents
pursuant to PHL 4135(b) or SSL 111(k), or adjudicated.
(3)the child(ren) enrolling must meet the
definition of an eligible child found at 369.(2)(c); and
(4)the family must be financially eligible for
CAP under 366.5 and 366.6 of this Part.
(d) CAP filing unit provisions apply to eligible children described at
369.2(c). When a custodial parent(s) of an eligible child transfers to CAP, the CAP
application must also include the following individuals residing in the home:
(1)the eligible child,
(2)the eligible child's parents, and
(3)the eligible child's blood-related and
adopted siblings who are also eligible children and their parent(s).
Together these individuals comprise a filing unit. If any of the
individuals required to be in the filing unit fails to apply or comply with any of CAP's
eligibility requirements, the entire filing unit is ineligible to participate in CAP.
Income of any member of the CAP filing unit must be combined and applied when determining
the eligibility of the CAP filing unit. Some household members drawn into the CAP filing
unit may not meet the CAP eligibility prerequisites because of ineligibility for public
assistance or lack of a support order. These individuals are still considered filing unit
members even though they cannot receive CAP.
(e) FA recipients determined to be prospectively ineligible for FA due
to increased earnings, are still eligible for CAP if determined to have been financially
eligible for FA during one of the two months prior to the first month of CAP eligibility.
(f) Face-to-face recertification interviews for CAP will be held at
least annually. CAP participants must complete the State-prescribed recertification form
prior to the interview. Recertification must include a thorough reevaluation and
documentation of need and eligibility for CAP.
(g) The quarterly reporting requirements of section 351.24 of this
Title will apply to CAP participants, except that each family participating in CAP will
receive and be required to complete three quarterly reports between each annual
recertification.
(h) A family who voluntarily withdraws from CAP cannot return to CAP
for three months from the date the family withdraws.
(i) There are no eligibility requirements under CAP for which
noncompliance results in the sanction of an individual. Failure to comply with any
eligibility requirement, even those provisions of this Title which specifically provide
for individual sanctions, will result in CAP ineligibility for the entire household and a
return to the appropriate PA program, if otherwise eligible.
(j) There is no resource limit for CAP. However, at the time of
transfer to CAP the family must be eligible for FA under 352.23 of this Title.