[32 Pa.B. 4435]
[Continued from previous Web Page]
CHAPTER 178. RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA
Subchapter A. GENERAL PROVISIONS FOR MA RESOURCES COMMON TO ALL
CATEGORIES OF MA
CATEGORIES OF MA § 178.11. Categories of NMP-MA.
NMP-MA applicants or recipients shall meet the resource requirements of the category of NMP-MA for which they are eligible. The following explains the different NMP-MA categories:
(1) The PA category designates an NMP person who is 65 years of age or older. This category is an SSI-related category.
(2) The PJ category designates an NMP person who meets the eligibility conditions as a disabled person. This category is an SSI-related category.
(3) The PM category designates an NMP person who meets the eligibility conditions as a blind person. This category is an SSI-related category.
(4) The PC category is a TANF-related category and designates an NMP individual who is one of the following:
(i) A person under 21 years of age, regardless of school attendance, emancipation or marital status.
(ii) An individual 21 years of age or older and under 65 years of age who meets the requirements of a specified relative under § 151.42 (relating to definitions) and is responsible for the care and control of a dependent child. For purposes of determining if the individual 21 years of age or older and under 65 years of age is a specified relative, a dependent child, including the child who is receiving SSI, is a child under 18 years of age or under 19 years of age if the child is a full-time student in secondary school or the equivalent level of a vocational or technical school and who meets the deprivation of support conditions under § 153.43(a)--(c) (relating to TANF deprivation of support or care requirements).
(iii) A pregnant woman 21 years of age or older who is a member of a two parent household which does not meet the unemployed principal wage earner definition in § 153.44(d) (relating to procedures).
(5) The PU category is an AFDC-related category and designates an NMP person who is one of the following:
(i) The parents in a two parent household that includes a dependent child as defined in paragraph (4) and an unemployed principal wage earner as defined in § 153.44(d).
(ii) A pregnant woman with no other children and the father of her unborn child, who constitute a two parent household with an unemployed principal wage earner, as defined in § 153.44(d).
(6) The PD category is a GA-related category and designates an NMP person who is 21 years of age or older and under 65 years of age, who meets the eligibility requirements for GA and who chooses to receive only MA.
§ 178.12. Categories of MNO-MA.
MNO-MA applicants or recipients shall meet the resource requirements of the category of MNO-MA for which they are eligible. The following explains the different MNO-MA categories:
(1) The TA category designates an MNO person who is 65 years of age or older. This category is an SSI-related category.
(2) The TJ category designates an MNO person who meets the eligibility conditions as a disabled person. This category is an SSI-related category.
(3) The TM category designates an MNO person who meets the eligibility conditions as a blind person. This category is an SSI-related category.
(4) The TB category designates an MNO person who receives a SBP.
(5) The TC category is a TANF-related category and designates an MNO individual who is one of the following:
(i) A person under 21 years of age, regardless of school attendance, emancipation or marital status.
(ii) An individual 21 years of age or older and under 65 years of age who meets the requirements of a specified relative under § 151.42 (relating to definitions) and is responsible for the care and control of a dependent child. For purposes of determining if the individual 21 years of age or older and under 65 years of age is a specified relative, a dependent child, including the child who is receiving SSI, is a child under 18 years of age or under 19 years of age if the child is a full-time student in secondary school or the equivalent level of a vocational or technical school and who meets the deprivation of support conditions under § 153.43(a)--(c) (relating to TANF deprivation of support or care requirements).
(iii) A pregnant woman 21 years of age or older who is a member of a two parent household which does not meet the unemployed principal wage earner definition in § 153.44(d) (relating to procedures).
(6) The TU category is an AFDC-related category and designates an MNO person who is one of the following:
(i) The parents in a two parent household that includes a dependent child as defined in paragraph (5)(ii) and an unemployed principal wage earner as defined in § 153.44(d).
(ii) A pregnant woman who is 21 years of age or older, with no other children, in a two parent household with an unemployed principal wage earner as defined in § 153.44(d).
(7) The TD category is a GA-related category and designates an MNO person who does not meet the requirements for another category of MNO.
Subchapter C. TANF-RELATED AND GA-RELATED CATEGORIES OF MA
ADDITIONAL RESOURCE REQUIREMENTS FOR TANF-RELATED AND GA-RELATED
CATEGORIES OF MA§ 178.151. Additional resource requirements.
(a) As a condition of MA eligibility for dependents living with him, a spouse and the natural or adoptive parent of an unemancipated minor child shall identify nonexcluded resources, which shall be considered, used and liquidated as though the spouse or parent were receiving MA. The spouse or parent cannot be relieved of this obligation by being a nonapplicant/nonrecipient. Only the resources actually contributed to a child who is 18 years of age or older and under 21 years of age by his parents are counted in determining the MA eligibility of a child in a MNO-MA category.
(b) The cash value of life insurance is considered a resource to the applicant/recipient group only if the applicant/recipient or an LRR living in the home is the owner of the policy or has the authority to cash in the policy.
(c) If an applicant or recipient or LRR owns nonexcluded real property, he shall have a 9-month period in which to make a bona fide effort to sell the property and additional 9-month periods as long as the applicant or recipient or LRR can demonstrate good cause for not selling the property.
(d) That portion of a gift that exceeds $50 per individual in a calendar quarter as determined under § 181.263(8) (relating to other types of income not counted for the TANF and GA categories) is a countable resource.
(e) If a pregnancy is medically verified, the unborn child is counted as a member of the applicant/recipient group when establishing the resource limit. If multiple births are expected and verified, each unborn child is counted.
RESOURCE EXCLUSIONS FOR THE TANF-RELATED AND GA-RELATED
CATEGORIES OF MA§ 178.161. Personal property exclusions.
The following personal property is excluded:
(1) Basic items essential to day-to-day living. Basic items essential to day to day living such as:
(i) Household furnishings.
(ii) Major appliances.
(iii) Items used to provide, equip and maintain a household for the applicant/recipient.
(iv) Personal effects of limited value including clothing, children's toys, wedding and engagement rings.
(v) Farm animals for domestic use.
(vi) Pets and family heirlooms.
(vii) Farm equipment or farm animals needed for employment.
(viii) Equipment needed for employment, rehabilitation or to implement a self-care plan.
(2) Motor vehicle. Only one motor vehicle for an applicant/recipient group is excluded. Other motor vehicles are counted at their equity value.
(3) Retroactive assistance payments. Retroactive assistance payments received as a result of a prehearing conference, a fair hearing decision or a court order. This exemption is only allowed for the calendar month in which it is received and the following calendar month. If an amount remains after the exemption period, it is considered a resource.
(4) Value of Food Stamps. The value of food stamps received by a participant in the Food Stamp Program.
(5) Personal property of an SSI or SBP recipient. Personal property of an SSI or SBP recipient is excluded even if the SSI or SBP recipient is an LRR to an applicant/recipient group member.
(6) Home Energy Assistance benefits. Home Energy Assistance (HEA) benefits furnished in-kind by a private, nonprofit organization or furnished as cash or in-kind assistance by a supplier of home heating oil or gas, by an entity providing home energy whose revenues are primarily derived on a rate-of-return basis and regulated by the Pennsylvania Public Utility Commission or by a municipal utility providing home energy. HEA benefits may include payments for heating or cooling, storm doors, weatherization services and blankets. HEA benefits do not include food or clothing.
(7) Support and Maintenance Assistance Benefits. In-kind Support or Maintenance Assistance (SMA) benefits provided by a private, nonprofit organization. SMA benefits may include in-kind provision of food, clothing, temporary emergency shelter, furniture, toys and appliances.
(8) Low Income Home Energy Assistance Program. Benefits received from the Low Income Home Energy Assistance Program.
(9) Burial space. One burial space, as defined in § 178.2 (relating to definitions), for each member of the applicant/recipient group. Burial plots include graves, burial drawers, mausoleums or other property held for final interment.
(10) Revocable burial reserve. A revocable burial reserve up to $1,500 for each applicant/recipient.
(11) Irrevocable burial reserve. An irrevocable burial reserve is considered under § 178.5 (relating to treatment of irrevocable burial reserves for all categories of MA).
(12) Uniform Gifts to Minors Act. A gift made to a person 20 years of age or younger under 20 Pa.C.S. §§ 5301--5310 (relating to Pennsylvania Uniform Gifts to Minors Act) is excluded as a resource until the person attains 21 years of age.
(13) Life insurance policies. The face and cash surrender value of all life insurance owned by the applicant or recipient.
(14) Japanese-American and Aleutian restitution payments. Restitution payments made by the United States government to eligible Japanese-Americans and Aleuts who were interned or relocated during World War II are excluded. If the eligible Japanese-Americans are deceased at the time of payments, payments will be made to certain of their survivors as specified under the Civil Liberties Act of 1988 (50 App. 1989b-1--1989b-9). This payment is also excluded. This paragraph does not apply to eligible Aleuts who are covered under the Aleutian and Pribilof Islands Restitution Act (50 App. §§ 1989c and 1989c-1--1989c-8). The exclusion as a resource only continues as long as the retained funds are kept identifiable. If real or personal property is purchased, the new resource is not excluded unless otherwise exempt. Interest received on retained restitution payments is also not excluded but is subject to the usual regulations governing interest as specified in Chapter 181 (relating to income provisions for categorically needy NMP-MA and MNO-MA).
(15) Agent orange settlement payments. Payments made from the Agent Orange Settlement Fund or another fund established pursuant to the settlement in the agent orange product liability litigation.
(16) Educational assistance. Educational assistance in the form of loans, grants and scholarships, and work-study income.
(17) Family savings account. A family savings account established under Chapter 21 of the Job Enhancement Act (73 P. S. §§ 400.2101--400.2103).
(i) The account shall be clearly identified as a family savings account.
(ii) The savings account, its ownership and the account balance shall be verified by written documentation. Documentation may include a copy of the passbook or a current statement from the bank or other financial institution.
(iii) Moneys deposited into the account, plus interest earned on the account shall be exempt in determining eligibility as long as the funds remain on deposit.
(iv) Moneys withdrawn to pay for expenses outlined in an approved savings plan for this account are exempt. Documentation shall be provided that verifies the expenses were incurred.
(v) Moneys withdrawn from a family savings account that are used for a purpose unrelated to the approved savings plan shall be added to the applicant or recipient group's resource amount and used to determine eligibility beginning with the date of withdrawal. Exception: moneys withdrawn to pay for educational expenses shall be exempt.
ADDITIONAL RESOURCE EXCLUSIONS FOR GA CATEGORIES OF MA § 178.165. Educational savings accounts.
(a) For GA categories of MA, an educational savings account established by an individual at a bank or other financial institution to pay for education expenses, including tuition, books and incidental expenses related to attendance at a vocational school, community college, college or university is not counted in determining eligibility.
(1) The account shall be clearly identified as having been established for or restricted to payment of educational expenses.
(2) The savings account, its ownership, the account balance and the fact that the account is restricted for payment of educational expenses shall be verified by written documentation. Documentation may include, but is not limited to, a copy of the passbook or a copy of a current account statement from the bank or other financial institution.
(3) Moneys deposited in an account plus interest earned on the account shall be exempt in determining eligibility for GA as long as the funds remain on deposit.
(4) Moneys withdrawn to pay for educational expenses are exempt. Documentation shall be provided that verifies the expenses were incurred and related to attending school.
(5) Moneys withdrawn from an educational savings account that are used for a purpose unrelated to education shall be added to the budget group's resource amount and used to determine eligibility beginning with the date of withdrawal.
(b) For GA categories of MA, savings accounts established and bonds purchased under the Tuition Account Program and College Savings Bond Act (24 P. S. §§ 6901.101--6901.701) are not counted in determining eligibility.
CHAPTER 181. INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA
Subchapter A. GENERAL PROVISIONS FOR MA INCOME COMMON TO ALL CATEGORIES OF MA
CATEGORIES OF MA § 181.41. Categories of NMP-MA.
An NMP-MA applicant or recipient shall meet the income requirements of the category of NMP-MA for which the applicant or recipient is eligible. The following explains the different NMP-MA categories:
(1) The PA category designates an NMP person who is at least 65 years of age. This category is an SSI-related category.
(2) The PJ category designates an NMP person who meets the eligibility conditions as a disabled person. This category is an SSI-related category.
(3) The PM category designates an NMP person who meets the eligibility conditions as a blind person. This category is an SSI-related category.
(4) The PC category is a TANF-related category and designates an NMP individual who is one of the following:
(i) A person under 21 years of age, regardless of school attendance, emancipation or marital status.
(ii) An individual 21 years of age or older and under 65 years of age who meets the requirements of a specified relative under § 151.42 (relating to definitions) and is responsible for the care and control of a dependent child. For purposes of determining if the individual 21 years of age or older and under 65 years of age is a specified relative, a dependent child, including the child who is receiving SSI, is a child under 18 years of age or under 19 years of age if the child is a full-time student in secondary school or the equivalent level of a vocational or technical school and who meets the deprivation of support conditions under § 153.43(a)--(c) (relating to TANF deprivation of support or care requirements).
(iii) A pregnant woman 21 years of age or older who is a member of a two parent household which does not meet the unemployed principal wage earner definition in § 153.44(d) (relating to procedures).
(5) The PU category is a TANF-related category and designates an NMP individual who is one of the following:
(i) The parents in a two parent household that includes a dependent child as defined in paragraph (4) and an unemployed principal wage earner as defined in § 153.44(d).
(ii) A pregnant woman with no other children and the father of her unborn child, who constitute a two parent household with an unemployed principal wage earner, as defined in § 153.44(d).
(6) The PD category is a GA-related category and designates an NMP person who is 21 years of age or older and under 65 years of age, who meets the GA eligibility requirements and who chooses to receive only NMP-MA.
§ 181.42. Categories of MNO-MA.
An MNO-MA applicant or recipient shall meet the income requirements of the category of MNO-MA for which the applicant or recipient is eligible. The following explains the different MNO-MA categories:
(1) The TA category designates an MNO person who is 65 years of age or older. This category is an SSI-related category.
(2) The TJ category designates an MNO person who meets the eligibility conditions as a disabled person. This category is an SSI-related category.
(3) The TM category designates an MNO person who meets the eligibility conditions as a blind person. This category is an SSI-related category.
(4) The TB category designates an MNO person who receives a SBP.
(5) The TC category is a TANF-related category and designates an MNO individual who is one of the following:
(i) A person under 21 years of age, regardless of school attendance, emancipation or marital status.
(ii) An individual 21 years of age or older and under 65 years of age who meets the requirements of a specified relative under § 151.42 (relating to definitions) and is responsible for the care and control of a dependent child. For purposes of determining if the individual 21 years of age or older and under 65 years of age is a specified relative, a dependent child, including the child who is receiving SSI, is a child under 18 years of age or under 19 years of age if the child is a full-time student in secondary school or the equivalent age level of a vocational or technical school and who meets the deprivation of support conditions under § 153.43(a)--(c) (relating to TANF deprivation of support or care requirements).
(iii) A pregnant woman 21 years of age or older who is a member of a two parent household which does not meet the unemployed principal wage earner definition in § 153.44(d) (relating to procedures).
(6) The TU category is a TANF-related category and designates an MNO individual who is one of the following:
(i) The parents in a two parent household that includes a dependent child as defined in paragraph (5)(ii) and an unemployed principal wage earner as defined in § 153.44(d).
(ii) A pregnant woman who is 21 years of age or older, with no other children, in a two parent household with an unemployed principal wage earner as defined in § 153.44(d).
(7) The TD category is a GA-related category and designates an MNO person who does not meet the requirements for another category of MA.
Subchapter C. THE TANF AND GA CATEGORIES § 181.251. (Reserved).
TYPES OF INCOME NOT COUNTED FOR THE TANF AND GA CATEGORIES § 181.262. Educational loans, grants and work-study income.
The following do not count as income:
(1) Educational assistance in the form of loans, grants and scholarships.
(2) Work-study income.
§ 181.263. Other types of income not counted for the TANF and GA categories.
The following types of income are not counted for the TANF and GA categories:
(1) Funds subject to reimbursement. Funds for which a Department reimbursement agreement has been executed.
(2) MA Copayment rebates. A refund to the applicant/recipient authorized as a rebate for payment made in excess of the amount required as copayment for MA services.
(3) Retroactive cash assistance payments. Retroactive cash assistance payments authorized to correct underpayments to previous recipients of cash assistance are not considered income in the month paid nor in the following month. In subsequent months, money remaining from the payments is treated as a resource under Chapter 178 (relating to resources provisions for categorically NMP-MA and MNO-MA).
(4) Corrective cash assistance payment. A corrective cash assistance payment when authorized retroactively as a result of a prehearing conference, a fair hearing decision or a court order.
(5) Refund of assigned support payment. An assigned court order or voluntary support payment refunded to the applicant/recipient due to a month of suspension of the monthly cash assistance payment.
(6) Donations from public or private agencies. Money, goods or services an applicant/recipient receives from a public or private agency or organization.
(7) Donations from individuals. In-kind goods or services provided by a person to an applicant/recipient or third-party payments made to a vendor on behalf of an applicant/recipient.
(8) Gifts, loans and borrowed money. A loan or borrowed money such as, but not limited to, a car loan or a personal loan from non-LRR sources. Occasional nonrecurring small amounts of money given as a gift, regardless of whether the giver is or is not an LRR, if the amount of the gifts does not exceed $50 per person in a calendar quarter. A gift received by a member who is included in the application for MA or is a recipient of MA may be divided among the members applying for, or receiving, MA, if the member who received the gift claims that the gift is intended for the entire group. If the gifts exceed $50 per person per calendar quarter, only the amount of the gifts over $50 per person is treated as a resource in the month received for all of the members.
(9) Home produce. The value of an applicant's/recipient's home produce which is used by him and his household for their own personal consumption and not for sale.
(10) Day care. Money received from providing day care for children in an approved family day care home.
(11) Earned Income Tax Credit (EITC). The advance monthly payment or year-end payment which an applicant/recipient receives.
TYPES OF EARNED INCOME COUNTED FOR THE TANF AND GA CATEGORIES § 181.273. (Reserved).
TYPES OF UNEARNED INCOME COUNTED FOR THE TANF AND GA CATEGORIES § 181.287. (Reserved).
DEDUCTIONS FROM INCOME FOR THE TANF AND GA CATEGORIES § 181.311. Deductions from earned income for the TANF categories of NMP-MA.
Each employed individual who qualifies for MA in the PC category, PU category or in the PD category with PC category children is entitled to the following deductions from earned income in the following order:
(1) Work expenses. The first $90 per month from the earned income of each applicant or recipient who is employed if the employed individual is not eligible to receive an earned income incentive deduction as described in paragraph (2) or if the $90 deduction is more advantageous to the applicant or recipient group.
(2) Earned income incentive deductions.
(i) Each employed individual in the NMP-MA applicant or recipient group is eligible to receive an earned income incentive deduction if one of the following applies:
(A) The employed individual in the NMP-MA applicant or recipient group is a recipient in a TANF-related category or a GA-related category with a child who is simultaneously a recipient of MA in a TANF-related category.
(B) The employed applicant has been a recipient of cash assistance, NMP-MA or MNO-MA in a TANF-related category in 1 of the 4 calendar months before the calendar month of his application for NMP-MA.
(C) The employed applicant has been a recipient of cash assistance, NMP-MA or MNO-MA in a GA-related category with a child who was simultaneously a recipient of MA in a TANF-related category in 1 of the 4 calendar months before the calendar month of his application for NMP-MA.
(D) The total income of persons in the NMP-MA applicant group which is the sum of earned income less work and dependent care expenses and unearned income less appropriate deductions is less than, or equal to, the appropriate standard of need in Appendix I.
(ii) Each employed individual in the applicant or recipient group who meets one of the requirements in subparagraph (i) is eligible to receive a continuous 50% earned income incentive deduction or the first $90 per month work expense deduction from earned income and a $30 plus 1/3 remainder earned income incentive deduction per requirements in subparagraph (iii), whichever is most advantageous to the applicant or recipient group.
(iii) The application of the $30 plus 1/3 remainder earned income incentive deduction is treated as follows:
(A) The employed applicant or recipient is eligible to receive the $30 plus 1/3 remainder earned income incentive deduction for 4 consecutive months if:
(I) Twelve or more consecutive months have elapsed since the employed applicant or recipient last received NMP-MA in a TANF-related category or in a GA-related category with a child who was simultaneously a recipient in a TANF-related category. The count begins with the first month following the month of termination for NMP-MA regardless of whether the employed individual received the entire 8 consecutive months of the $30 income incentive deduction described in clause (B).
(II) The employed applicant/recipient is eligible for a new 4 consecutive month count if the employed applicant/recipient had an interruption in the 4 consecutive month count of receipt of the $30 and 1/3 incentive deduction. Each of the following is treated as an interruption:
(-a-) If there is no earned income to be counted when determining eligibility for NMP-MA after the deduction of work and dependent care expenses for the employed person, that month does not count as 1 of the 4 consecutive months.
(-b-) An applicant/recipient whose receipt of 4 consecutive months of the work incentive is interrupted by loss of income.
(III) An applicant or recipient who has his NMP-MA terminated due to receipt of a regularly recurring extra paycheck within a 5-week month is not considered to have had an interruption in the accumulation of consecutive months and does not have that month count as one of the 4 consecutive months. The applicant or recipient shall meet one of the qualifications described in subparagraph (i) to qualify for a balance remaining in the 4-month count unless 12 consecutive months have elapsed in which the applicant or recipient has not been a recipient of NMP-MA in a TANF-related category or in a GA-related category with a child who was simultaneously a recipient in a TANF-related category. If 12 consecutive months have elapsed, the employed applicant or recipient is eligible for a new 4 consecutive month count.
(IV) If an applicant/recipient received retroactive NMP-MA and qualified for receipt of the earned income incentive deduction as described in subparagraph (i) and elected to receive the earned income incentive deduction, each month that he received the earned income incentive deduction during the retroactive period counts as 1 of the 4 consecutive months when determining the balance remaining in the 4-month count.
(B) Each employed individual in the applicant or recipient group who received 4 months of the $30 plus 1/3 income incentive deduction is eligible for an income deduction of $30 per month during the next 8 consecutive months. The application of the $30 incentive is treated as follows:
(I) Each employed individual in the applicant or recipient group is eligible to receive the deduction for 8 consecutive calendar months.
(II) The applicant or recipient is entitled to the $30 income incentive deduction during a calendar month of the 8-month period for which the income of the applicant or recipient is sufficient to qualify.
(III) The 8 months of eligibility for the $30 income incentive deduction begins with the calendar month following the end of the 4 consecutive calendar months of the $30 and 1/3 income incentive deduction.
(IV) The 8 months of eligibility are counted consecutively, whether or not MA is interrupted or income is sufficient to qualify for it.
(3) Dependent care expenses. The actual work-related cost of care of dependent children or incapacitated persons living in the home of the applicant/recipient if no other sound plan can be made for their care, up to a maximum of:
(i) One hundred seventy-five dollars per month per child 2 years of age or older or incapacitated person when the applicant/recipient is employed full-time.
(ii) One hundred fifty dollars per month per child 2 years of age or older or incapacitated person when the applicant/recipient is employed part-time.
(iii) Two hundred dollars per month per child 1 year of age or younger regardless of whether the client is employed full-time or part-time.
CHAPTER 183. INCOME
EARNED INCOME § 183.23. (Reserved).
UNEARNED INCOME § 183.32. Support.
Support paid by an LRR for a child or spouse, whether it is court-ordered or voluntary, a direct payment to the individual or assigned to the Department, is counted in determining eligibility and treated as follows:
(1) Support, court-ordered or voluntary, received by the individual in the initial budget month is counted in determining that month's assistance payment.
(2) After the initial authorization, support is collected by the Department and is not counted as income in computing the amount of the monthly assistance payments. The amount of support collected by the Department is used in determining the continued eligibility of the budget group.
(3) The payee of the support payment is required to remit to the Department support payments received after the initial budget month assistance payment. Upon written notification from the Bureau of Child Support Enforcement that the caretaker/relative is not cooperating with the support requirements by failing to remit court ordered or voluntary support payments, the caretaker/relative is removed from the budget group for the first payment month that can be affected.
(4) Support received on behalf of the budget group members by the caretaker/relative during the period of the sanction for failure to cooperate with the support requirements under § 141.21 (relating to policy) is counted as income when computing the amount of the monthly assistance payment.
(5) Support received by the caretaker/relative for his needs during the period of the sanction for failure to cooperate with the support requirements under § 141.21 is deemed available to the budget group under § 183.91 (relating to LRR, parent of an AFDC minor parent and stepparent deductions). The income deemed from the LRR is added to other countable income of the budget group and is adjusted to the budget group's monthly assistance payment.
(6) If the client states that voluntary support is no longer being paid and attempts to verify the statement are nonproductive, or if there is a conflict in statements of the two parties involved and no documentation is available to prove either statement, the client's statement is accepted and eligibility exists for the caretaker/relative.
§ 183.38. (Reserved).
§ 183.71. (Reserved).
INCOME EXEMPTIONS § 183.81. Income exemptions.
The following income is not considered in determining the amount of the monthly assistance payment:
(1) TANF child. For TANF, the gross earnings of a child, if one of the following conditions is met:
(i) The child is qualified by age and dependency status as an TANF child and is a student under one of the following:
(A) A full-time student under Chapter 145 (relating to age).
(B) A part-time student who is also employed part-time. The employment status of the student; that is, whether he is employed full or part-time, is determined during that period when school is in session. Full-time employment during school vacation does not affect the status of the student as a part-time employee as long as it is reasonably expected that the child will return to school.
(C) A participant in the Job Corps Program under the Job Training Partnership Act of 1982 (29 U.S.C.A. §§ 1501--1781).
(ii) The child is a nonstudent 17 years of age or younger whose earnings are from a program under the Job Training Partnership Act of 1982. This earnings exemption is for a maximum of 6 calendar months per calendar year.
(2) GA child. For GA, the earnings of a child, if one of the following applies:
(i) The child is 13 years of age or younger.
(ii) The child is 14 through 17 years of age and the earnings are from a program under the Job Training Partnership Act of 1982. This earnings exemption is for a maximum of 6 calendar months per calendar year.
(3) Educational loans, grants and work-study income. The following do not count as income:
(i) Educational assistance in the form of loans, grants and scholarships.
(ii) Work-study income.
(4) Funds subject to reimbursement. Funds for which a Departmental reimbursement agreement has been executed.
* * * * * (29) Support pass-through. The first $50 per budget month of court-ordered and voluntary support payments received by the budget group, excluding arrearages.
* * * * *
INCOME DEDUCTIONS § 183.94. Eligibility for TANF earned income deductions.
Subject to the limitations in § 183.97 (relating to ineligibility for disregards from earned income for TANF and GA), the earned income of each employed individual in the TANF budget group is treated as follows:
(1) An applicant who has been a recipient of TANF in 1 of the 4 calendar months before this application is eligible to receive a continuous 50% disregard from gross earned income.
(2) The applicant who has not been a recipient of TANF in 1 of the 4 calendar months before this application is eligible to receive a continuous 50% disregard if the applicant's income after application of the following deductions is less than the standard of need for the budget group as specified in Appendix B, Table 1 (relating to standard of need).
(i) The first $90 per month from gross earned income.
(ii) Personal expenses subject to the limitations of paragraph (3).
(iii) Unearned income and lump sum income deductions as specified in § 183.98 (relating to unearned income and lump sum income deductions).
(3) Personal expenses. The actual cost of care of incapacitated adults living in the same home and receiving TANF, if no other sound plan can be made for their care, up to a maximum of:
(i) One hundred seventy-five dollars per incapacitated adult when the client is employed full-time.
(ii) One hundred fifty dollars per month per incapacitated adult when the client is employed part-time.
§ 183.96. (Reserved).
§ 183.97. Ineligibility for disregards from earned income for TANF and GA.
The deductions in §§ 183.94 and 183.95 (relating to eligibility for TANF earned income deductions; and GA earned income deductions) do not apply to the budget month income considered for the corresponding payment month for an applicant or recipient to whom one of the following conditions applies:
(1) Within the 30-day period preceding the budget month, the applicant or recipient terminated employment or reduced his earned income without good cause as defined in Chapter 165 (relating to Employment and Training Program).
(2) Within the 30-day period preceding the budget month, the applicant or recipient refused without good cause, to accept employment in which he was able to engage which was offered through the JS, through the CAO or by an employer whose offer is determined by JS or the CAO to be a bona fide offer and thereby incurs an employment sanction. Ineligibility for the deductions will apply to the budget months corresponding to the payment months of the sanction period even if the disqualifying action has been corrected.
(3) He failed, without good cause, to make a timely report of the budget month income as specified in Chapters 125 and 142 (relating to application process; and monthly reporting). Good cause includes, but is not limited to, the following situations: serious illness, accident, death, physical or mental handicap, illiteracy, language problems or postal delay, making it impossible to expect that the usual reporting requirements be met.
MONTHLY ASSISTANCE PAYMENT DETERMINATION § 183.105. Increases in income.
An increase in actual, deemed or estimated income of the budget group in a calendar month affects eligibility and the amount of the monthly assistance payment as follows:
(1) If the increase in recurring income results in ineligibility, and the ineligibility is expected to last more than 1 month, assistance is terminated for the first check which can be reached in the first month of ineligibility or the following month with proper notice being provided as described in § 133.4 (relating to procedures). An overpayment occurs for assistance received beginning with the first month of ineligibility.
(2) If the increase in recurring or nonrecurring income results in ineligibility, but ineligibility will exist for only 1 month, and it is caused by excessive income or other similar circumstances in the budget month, assistance is suspended for the corresponding payment month using the proper notice as described in § 133.4.
(3) If the increase in recurring or nonrecurring income does not result in ineligibility, the increase in actual or deemed income in the budget month affects the assistance payment in the corresponding payment month.
(4) If the increase is lump sum income, the following applies:
(i) If the increase in lump sum income of the budget group or LRR other than the parent of an AFDC minor parent living with the budget group results in ineligibility, assistance is terminated no later than the payment month corresponding with the budget month in which the income was received. The budget group is ineligible for the number of full months for which the lump sum and other countable net income will meet the needs of the budget group and LRR whose lump sum income is counted. The standard of need--Appendix B, Table 1--used to determine the period of ineligibility is the one applicable to the county in which the budget group resides and is based on the number of persons in the budget group plus the LRR whose lump sum income is counted.
(A) If the income calculated as remaining after the period of ineligibility is less than the monthly assistance payment, it is considered income only in the first month following the period of ineligibility.
(B) If the income calculated as remaining after the period of ineligibility is equal to or exceeds the monthly assistance payment, the budget 2 group is ineligible for 1 additional month. The remainder is a resource, if available, in the month of reapplication.
(C) The period of ineligibility applies to an individual whose lump sum income is counted and those individuals who were receiving or applied for assistance during the month the lump sum income was received. Other individuals who did not receive or apply for assistance during the month the lump sum income was received and who subsequently apply may be eligible for a monthly assistance benefit.
(D) Advance notification of ineligibility includes the computation upon which the period of ineligibility is based. If the exact amount of the lump sum income received is unknown due to the refusal to provide this information, the budget group is determined to be ineligible due to failure to cooperate.
(ii) Recalculation of the period of ineligibility following the initial application of this subparagraph is required under certain circumstances. The recalculation may only shorten the period of ineligibility, not lengthen it. The grant may be restored at the end of the recalculated period of ineligibility upon reapplication, if the budget group is otherwise eligible for a grant. No retroactive benefits may be granted for any period of time prior to the date of the reapplication. Recalculations are made only under the following conditions:
(A) When a member of the budget group leaves the family taking the remaining funds from the lump sum income and refuses to make the lump sum available to the rest of the family. The period of ineligibility for the remaining members is recalculated beginning with the month of the loss of these funds by the remaining members as follows:
(I) If funds which should be remaining are removed, the remaining members are eligible. If only part of those funds which should be remaining from the initial lump sum calculation are removed, the period of ineligibility is recalculated by dividing the funds which should be remaining, less the amount of funds removed, by the standard of need for the number of persons covered under the original lump sum calculation remaining in the household. The amount remaining is considered income under subparagraphs (i) and (iii).
(II) The original period of ineligibility is applied to the persons who left the household. The amount remaining is considered income under subparagraphs (i) and (iii). The period of ineligibility is applied whether or not the members later return to the household.
(B) When a natural disaster or other life or health threatening event over which the budget group has no control necessitates expenditure of the balance of the lump sum income. This clause applies only when, prior to the event, the budget group was using the lump sum income to meet 2 essential needs and there are no other income or resources sufficient to meet the needs resulting from the event.
(C) When medical expenses are incurred and paid for a member of the budget group, which are for medically necessary surgery or medical care to treat a congenital condition, serious illness or traumatic injury, if medical needs were not taken into account in determining the initial period of ineligibility; the needs cannot be met by other income or resources; and, the lump sum income was being used to meet the essential needs of the budget group.
(D) If the budget group is unable to verify the cost of essential needs, such as shelter, clothing and food, allow for basic living needs under the standard of need levels for the size of the budget group in recalculating the period of ineligibility.
(iii) The amount of lump sum income received by the nonassistance stepparent, parent of a TANF minor parent or sponsor of an alien remaining after disregards, as defined in §§ 183.91, 183.93 and 183.98(1)--(3) (relating to LRR, parent of a TANF minor parent and stepparent deductions; sponsor deductions; and unearned income and lump sum income deductions) is considered only in the month of receipt under paragraphs (2) and (3). A portion retained by the stepparent or parent of a TANF minor parent subsequent to the month of receipt is a resource to that individual and is not to be considered in determining eligibility for a budget group unless actually made available to them. A portion retained by the sponsor subsequent to the month of receipt is a resource to the alien in subsequent months.
(iv) An individual who receives GA and who is determined to be ineligible for a specified period due to receipt of lump sum income may apply for and receive AFDC during this period if otherwise eligible. Remaining lump sum income is considered a resource under Chapter 177 (relating to resources).
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