IDENTIFICATION AND
VERIFICATION OF RESOURCES
§ 177.11. Identification and verification of resources.
(a) Resources shall be identified and ownership and equity value verified. Failure to report and verify resources may result in ineligibility or an overpayment of assistance if the equity value of the resource would have exceeded the resource limit of the budget group.
(b) An applicant and recipient shall report and provide verification of resources.
(c) An applicant and recipient shall report and provide verification, to the best of their ability, of resources of an LRR even if the LRR does not live in the household of the applicant or recipient.
(d) A parent and specified relative shall report and provide verification, to the best of their ability, of resources for themselves and minor children and LRRs, even if the LRR does not live with the budget group.
(e) A guardian and trustee applying on behalf of another person shall report and provide verification of the resources of the person.
(f) A stepparent who is not in the budget group but who resides in the home of the budget group is not required to report the stepparent’s resources for determining eligibility for a stepchild.
(g) An LRR shall identify, utilize and liquidate a nonexempt resource under the requirements of this chapter as a condition of eligibility for dependents living with him. The spouse or parent cannot be relieved of this obligation by being removed from the budget group.
(h) A sponsored alien shall report the resources of the alien’s sponsor in accordance with the following:
(1) Sponsor is an individual. If the sponsor is an individual, the following apply:
(i) Deeming criteria. For a period of 3 years following the alien’s entry into the United States, resources are deemed and counted available to an alien from a sponsor and the sponsor’s spouse if the following apply:
(A) The sponsor and the sponsor’s spouse live together and do not receive AFDC, GA, SSI or SBP.
(B) The sponsor signed an affidavit of support or a similar agreement on behalf of the alien as a condition of the alien’s entry into the United States.
(C) The alien filed an application for AFDC or GA for the first time since September 30, 1981.
(D) The alien has resided in the United States for purposes of permanent residency for less than 3 years.
(E) The alien is not a dependent child, stepchild or a spouse of the sponsor.
(F) The alien’s admission to the United States is not as a result of the application of any of the following provisions of the Immigration and Nationality Act:
(I) Section 207, after March 31, 1980—Aliens Admitted as Refugees (8 U.S.C.A. § 1157).
(II) Section 203(a)(7), prior to April 1, 1980—Aliens Admitted as Conditional Entrant Refugees (8 U.S.C.A. § 1153(a)(7)).
(III) Section 208—Aliens Granted Political Asylum by the Attorney General (8 U.S.C.A. § 1158).
(IV) Section 212(d)(5)—Aliens Granted Temporary Parole Status by the Attorney General (8 U.S.C.A. § 1182(d)(5)).
(G) The alien’s admission to the United States is not as a result of the application of section 501(e) of the Refugee Education Assistance Act of 1980 (8 U.S.C.A. § 1522 note), relating to Cuban and Haitian Entrants.
(ii) Resident property owned by a sponsor of an alien. Resident property owned by the sponsor of an alien or by the sponsor’s spouse, if living together, is exempt when determining the eligibility of the alien and acknowledgement of liability of the real property is not required.
(iii) Treatment of nonresident property and personal property resources owned by a sponsor of an alien. The equity value of nonexempt, legally available nonresident and personal property owned by a sponsor of an alien and the sponsor’s spouse, if living together, is counted in determining eligibility of the alien as follows:
(A) The TANF/GA resource exemptions contained in § § 177.21(a) and 177.22(b) (relating to personal property; and real property) are applied to the nonresident property and personal property resources of the sponsor and the sponsor’s spouse.
(B) One thousand five hundred dollars is deducted from the total equity value of nonexempt personal property and nonresident real property of a sponsor and the sponsor’s spouse, if they are living together. The resulting total is deemed available to the sponsored alien and is added to the sponsored alien’s own nonexempt resource total.
(C) If the resources of the sponsor are deemed available to two or more aliens, the resources are divided equally among the aliens but are not considered available to unsponsored members of the alien’s family unless the sponsor agrees to make the excess resources available to the alien’s unsponsored family members.
(D) The total of the deemed resources of the sponsor and sponsor’s spouse, together with the total of the alien’s own available resources are subject to the resource limit in § 177.31 (relating to resource limit).
(E) The amount of the resources which exceeds the alien’s resource limit is not counted as a resource available to unsponsored members of the family of the alien unless the sponsor agrees to make the excess resources available to the alien’s unsponsored family members.
(F) The alien, the alien’s sponsor and the sponsor’s spouse are not required to acknowledge liability for reimbursement of assistance from the sponsor’s deemed resources.
(2) Sponsor is a public or private agency. For a period of 3 years following the alien’s entry into the United States, an alien sponsored by a public or private agency under paragraph (1)(i)(B) is eligible for assistance if the following conditions are met:
(i) The alien meets the requirements of paragraph (1)(i)(D)—(G).
(ii) The agency no longer exists or the alien provides documentation certified as correct by the agency’s financial officer or a certified accountant that the agency’s resources are not sufficient to meet the alien’s needs.
Authority The provisions of this § 177.11 issued under section 403(b) of the Public Welfare Code (62 P. S. § 403(b)).
Source The provisions of this § 177.11 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3893.
Cross References This section cited in 55 Pa. Code § 177.22 (relating to real property).
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