INCOME
§ 401.11. Income limitations.
Income does not include the following:
(1) Surplus food or other noncash relief, including food stamps, supplied by a government agency.
(2) Property tax rebate payments, rent rebate payments, and inflation dividends received under the Senior Citizens Rebate and Assistance Act (72 P. S. § § 4751-1—4751-12).
(3) Medicare benefits.
(4) The first $5,000 of the total of death benefit payments.
(5) The difference between the purchase price of a person’s residence and its selling price, to the extent that the person uses the proceeds from the sale of that residence to purchase a different residence within 2 years of the sale of the former residence.
(6) The amount of damages received, whether by civil suit or settlement agreement, on account of personal injuries. Damages received means an amount received through prosecution of a legal suit, action or other claim based on tort or tort type rights, or through a settlement agreement entered into in lieu of litigation, except to the extent that the amount duplicates reimbursements previously received. Damages include black lung benefits and benefits granted under section 306(c) of The Pennsylvania Workmen’s Compensation Act (77 P. S. § 513).
(7) Payments provided to eligible low income households under the Commonwealth’s Low Income Home Energy Assistance Program.
(8) With reference to client payments received by home providers of domiciliary care program administered by the Department of Aging under the act of June 20, 1978 (P. L. 477, No. 70) (71 P. S. § § 581-1—581-12), that portion of the payments which for a specific income year, does not exceed the actual expenses of providing domiciliary care services.
Source The provisions of this § 401.11 amended July 19, 1985, effective July 20, 1985, and will apply retrospectively to January 1, 1985, 15 Pa.B. 2653. Immediately preceding text appears at serial pages (36176) to (36177).
Cross References This section cited in 61 Pa. Code § 401.1 (relating to definitions).
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