§ 181.285. Income deemed available from the LRR.
Income is deemed available to an applicant/recipient from a parent and a spouse if living in the same household as the applicant/recipient. Only the income actually contributed to a child who is 18 years of age or older and 20 years of age or younger by his parents is counted in determining the MA eligibility of a child in a MNO-MA category.
(1) Income is not deemed available from the LRR who is receiving MA, TANF, GA, SBP or SSI.
(2) The total income used in determining the amount of deemed income includes the earned and unearned income of a dependent of the LRR if he is, or could be, claimed in determining the LRR’s Federal income tax liability, resides in the household, but is not included in the applicant/recipient group, and is included in the basic living need deduction of paragraph (3)(v).
(3) The following are allowable deductions from the total income of the LRR and the LRR’s dependents:
(i) For AFDC-related categories, from earned income, $90 for full-time employment or part-time employment for work and personal expenses.
(ii) For GA-related categories, from earned income, up to $25 for work and personal expenses.
(iii) From unearned income, the expenses to be eligible for, or to assure receipt of, the unearned income.
(iv) For GA-related categories, from the income of a spouse or parent who is residing elsewhere solely for purposes of employment or training, the reasonable expenses incurred while living away from home for rent, utilities, and food, if they are not provided for by the employer or training program.
(v) A basic living need deduction. The deduction is the difference between the applicant/recipient group and the applicant/recipient group plus the spouse/parent and dependents, using the income limits in Appendix C for the NMP-MA categories and Appendix G for the MNO-MA categories.
(vi) The verified payments of court-ordered support paid, not owed, by the LRR for a person not living with the LRR.
(vii) The verified payments paid by the parent, or spouse to dependents who are not living with the LRR but who are, or could be, claimed in determining Federal income tax liability.
(4) The amount of income deemed available for the applicant/recipient from the spouse or parent is the income remaining after the appropriate deductions in paragraph (3).
Authority The provisions of this § 181.285 issued under section 403(b) of the Public Welfare Code (62 P. S. § 403(b)).
Source The provisions of this § 181.285 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949; amended December 28, 1990, effective December 29, 1990, and apply retroactively to October 1, 1989, 20 Pa.B. 6387. Immediately preceding text appears at serial pages (130621) to (130622).
Cross References This section cited in 55 Pa. Code § 181.452 (relating to posteligibility determination of income available from an MA eligible person toward his cost of care).
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