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.
(5) MA copayment refunds. A refund to the client authorized as a rebate for payment made in excess of the amount required as copayment for MA services.
(6) Retroactive assistance payments. Retroactive assistance payments authorized to correct underpayments to current recipients are not considered as income in the month paid nor in the next following month. In subsequent months, money remaining from the payments is treated as a resource.
(7) Corrective assistance payments. A corrective assistance payment authorized retroactively as a result of a prehearing conference, a fair hearing decision or a court order.
(8) Assigned court order payment refunds. An assigned court ordered or voluntary support payment when refunded to the client due to a month of suspension of the monthly assistance payment.
(9) Job Training Partnership Act. Money received as need-based payments or payments for supportive services from the Job Training Partnership Act of 1982.
(10) Donations from public or private agencies. Money, goods or services a client receives from a public or private agency or organization, if one of the following applies:
(i) It is intended for a purpose different from that provided for by the assistance allowance.
(ii) It is not provided for by the assistance allowance.
(iii) Its value, when added to the assistance allowance and other income of the budget group, does not equal or exceed the applicable standard of need.
(11) Donations from individuals. In-kind goods or services provided by an individual to a client. Third-party payments made to a vendor on behalf of a client.
(12) Relocation assistance and real property acquisition. Money received under Subchapter II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.A. § § 4621—4638, specifically § 4636).
(13) Gifts, loans or borrowed money. Loans or borrowed money, such as car loans or personal loans. Occasional nonrecurring small amounts of money given by or borrowed from a source if the amount of money does not exceed $30 per person in a calendar quarter which begins in January, April, July and October.
(14) Congregate meals. Benefits received under Part C, Congregate Nutrition Service of the Older Americans Act (42 U.S.C.A. § 3030e).
(15) Payments to volunteers. Payments to volunteers are considered as follows:
(i) Payments to volunteers under Subchapter I of the Domestic Volunteer Services Act of 1973 (42 U.S.C.A. § § 4951—4993). Payments for volunteer work in VISTA, Service Learning Programs and Special Volunteer Programs are excluded.
(ii) Payments for supportive services or reimbursement of out-of-pocket expenses made to individual volunteers serving as foster grandparents, senior health aides or senior companions, and other programs established under Subchapter II of the Domestic Volunteer Services Act (42 U.S.C.A. § § 5001—5023), are excluded if the payments, when divided by the number of hours served, result in an amount that is less than the Commonwealth’s minimum hourly wage.
(16) Senior Citizens Rebate and Assistance Act. Money received under the Senior Citizens Rebate and Assistance Act (72 P. S. § § 4751-1—4751-12).
(17) Adoption assistance subsidies. Federal adoption assistance subsidies received under Title IV-E of the Adoption Assistance and Child Welfare Act of 1980 (Pub.L. 96-272) (94 Stat. 500) and State or local adoption assistance subsidies received under sections 771—774 of the Public Welfare Code (62 P. S. § § 771—774). This money, which is an adoption assistance subsidy for a special need child, is restricted for the use of the special need child. It is exempt as long as the child for whom payment is made is not a member of the budget group.
(18) Foster care payments. Money received from providing foster home care for a child placed by an approved child placement agency. Money paid through Title IV-E of the Adoption Assistance and Child Welfare Act of 1980 and State or local money paid through Article VII of the Public Welfare Code (62 P. S. § § 701—774) is restricted for the needs of the foster child.
(19) Food assistance and free school lunches. The value of supplemental food assistance received under the Child Nutrition Act of 1966 (42 U.S.C.A. § § 1771—1789) and the special food services program for children under the National School Lunch Act (42 U.S.C.A. § § 1751—1769c).
(20) Food Stamp Program benefits. The value of free stamps received by a participant in the Food Stamp Program.
(21) U.S.D.A. surplus food donation. The value of the United States Department of Agriculture donated foods—surplus commodities.
(22) Home produce. The value of home produce of a client used by him and his household for their consumption.
(23) Experimental Housing Allowance Program. Experimental Housing Allowance Program (EHAP) payments made under annual contributions contracts entered into prior to January 1, 1975, under the United States Housing Act of 1937 (42 U.S.C.A. § § 1437—1437q).
(24) Housing subsidies. Subsidies paid for housing or utilities under section 8 of the United States Housing Act of 1937 (42 U.S.C.A. § 1437f) and housing rehabilitation grants under the Housing and Community Development Act of 1974 (Pub.L. No. 93—383, 88 Stat. 633).
(25) LIHEAP. Home energy assistance payments or services received under the Low Income Home Energy Assistance Program (LIHEAP).
(26) 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 certified supplier of home heating oil or gas, a certified entity providing home energy whose revenues are primarily derived on a rate-of-return basis and regulated by the Pennsylvania Public Utility Commission or a certified municipal utility providing home energy. HEA benefits may include payments for heating or cooling, storm doors, weatherization services, blankets and the like. HEA benefits do not include food or clothing.
(27) Support or maintenance assistance benefits. In-kind support or maintenance assistance (SMA) benefits provided by a private, nonprofit organization. SMA benefits include in-kind provision of food, clothing, temporary emergency shelter, furniture, appliances and the like.
(28) Payments to Indian tribes. Payments to Indian tribes are considered as follows:
(i) Tax-exempt portions of payments made under the Alaska Native Claims Settlement Act (43 U.S.C.A. § § 1601—1628) are exempt.
(ii) Funds distributed per capita to or held in trust for members of an Indian tribe under the act of March 18, 1972 (Pub.L. 92—254) (86 Stat. 64) (25 U.S.C.A. § § 1261—1265) and the act of October 18, 1973 (Pub.L. 94-114) (89 Stat. 579) (25 U.S.C.A. § § 1401—1407) are exempt.
(iii) Effective October 17, 1975, receipts distributed to members of certain Indian tribes referred to in section 5 of the act of October 17, 1975 (Pub.L. 94-114) (25 U.S.C.A. § 459d) are exempt.
(iv) Effective January 12, 1983, interest and investment income accrued on Indian Judgement funds held in trust, sections 2—8 of the act of October 19, 1973 (Pub.L. 93-134) (87 Stat. 466) 25 U.S.C.A. § § 1402—1405, 1407 and 1408 are exempt.
(29) Support pass-through. The first $50 per budget month of court-ordered and voluntary support payments received by the budget group, excluding arrearages.
(30) Earned income tax credit (EITC). Advance or year-end payments. Year-end payments are exempt in the month received. In subsequent months, money remaining from the payment is treated as a resource.
Authority The provisions of this § 183.81 amended under sections 201(2), 403(b), 432 and 432.12 of the Public Welfare Code (62 P. S. § § 201(2), 403(b), 432 and 432.12); the Support Law (62 P. S. § § 1971—1977); Titles I and III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193) (PRWORA), creating the Temporary Assistance for Needy Families (TANF) Program, and amending 42 U.S.C.A. § § 601—619, 651—669(b) and 1396u-1; the Federal TANF regulations in 45 CFR 260.10—265.10; and the Domestic Relations Code, 23 Pa.C.S. § § 4301—4381, 5103, 7101—7901 and 8101—8418.
Source The provisions of this § 183.81 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3921; amended April 20, 1990, effective immediately and retroactively applicable to October 1, 1989, 20 Pa.B. 2156; amended March 19, 1993, effective upon publication and applies retroactively to March 7, 1992, 23 Pa.B. 1315; amended September 13, 2002, effective September 14, 2002, with the exception of paragraph (29) which is effective retroactively to October 1, 1998, 32 Pa.B. 4435. Immediately preceding text appears at serial pages (214389) to (214392) and (252605) to (252606).
Notes of Decisions Child Support Pass-Through
Paragraph (29) was rescinded by the Department of Public Welfare in light of the elimination of child support pass-through. Success Against All Odds by St. Amand v. Department of Public Welfare, 700 A.2d 1340 (Pa. Cmwlth. 1997).
Cross References This section cited in 55 Pa. Code § 183.33 (relating to contributions); 55 Pa. Code § 183.34 (relating to income of a child).
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