ITEMS THAT ARE NOT INCOME FOR THE AGED,
BLIND AND DISABLED CATEGORIES
§ 181.81. Items that are not income.
The following items are not income and do not count as income when determining income eligibility for MA or in the posteligibility determination of income available from an MA eligible person toward his cost of care in an institution under § 181.452 (relating to posteligibility determination of income available from an MA eligible person toward his cost of care):
(1) Receipts from conversion of a resource. Receipts from the conversion of a resource, such as the sale, exchange or replacement of a resource. This includes cash or an in-kind item that is provided to replace or repair a resource that has been lost, damaged or stolen.
(2) Income tax refunds. An amount refunded on income taxes.
(3) Payments by credit life or credit disability insurance policies. Payments made under a credit life or credit disability insurance policy issued to, or on behalf of, borrowers to cover payments on loans or installment purchases in the event of the death or disability of the applicant/recipient which are made directly to loan companies or mortgage companies and are not available to the applicant/recipient either directly or by sale or conversion for the purposes of meeting his basic needs.
(4) Repayment of loan. Money received from another party in repayment of a loan. Interest received on the money lent is counted as income.
(5) Bill paid for applicant/recipient or his spouse. A bill paid by a third-party for the applicant/recipient or his spouse.
(6) Replacement income. Income received as a replacement of income lost, destroyed or stolen.
(7) Weatherization assistance.
(8) MA copayment rebates. A refund to the applicant/recipient authorized as a rebate for payment in excess of the amount required as copayment for MA services.
(9) Veterans aid and attendance and housebound allowance. The aid and attendance and housebound allowance portion of a veterans benefit.
(10) Borrowed money. Money obtained by borrowing.
(11) Medical care and services. Medical care and services if they are:
(i) Given free of charge or paid for directly to the provider by another person.
(ii) Room and board received during a medical confinement.
(iii) Assistance provided in cash or in-kind, including food, clothing or shelter under a Federal, State or local government program, whose purpose is to provide medical care or services including vocational rehabilitation.
(iv) In-kind assistance provided under a nongovernmental program whose purpose is to provide medical care or medical services.
(v) Cash provided by a nongovernmental medical care or medical services program or under a health insurance policy, except cash if the cash is either repayment for program approved services already paid for by the applicant/recipient or a payment restricted to the future purchase of a program approved service.
(vi) Direct payment of the applicant’s/recipient’s medical insurance premiums by anyone on behalf of the applicant/recipient.
(12) Social services. Social services if they are one of the following:
(i) Assistance provided in cash or in-kind but not received in return for a service performed by the applicant/recipient under a Federal, State or local government program whose purpose is to provide social services including vocational rehabilitation.
(ii) In-kind assistance provided under a nongovernmental program whose purpose is to provide social services.
(iii) Cash provided by a nongovernmental social services program if the cash is either repayment for program approved services already paid by the applicant/recipient or a payment restricted to the future purchase of a program approved service, such as, but not limited to, cash provided by a private social services agency to an applicant/ recipient for homemaker, attendant care and chore services.
(13) Receipt of certain noncash items. Noncash items which are excluded as a resource under Chapter 178 (relating to resource provisions for categorically NMP-MA and MNO-MA). If the item is retained it is not counted as income.
(14) Assistance for the homeless.
Authority The provisions of this § 181.81 issued under section 403(b) of the Public Welfare Code (62 P. S. § 403(b)).
Source The provisions of this § 181.81 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949.
Cross References This section cited in 55 Pa. Code § 181.110 (relating to income deemed available from the spouse); and 55 Pa. Code § 181.452 (relating to posteligibility determination of income available from an MA eligible person toward the cost of care).
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