§ 140.43. Income and benefits not counted under Federal and State statutes.
The following are not counted by Federal and State statutes:
(1) Food stamp program benefits. The value of free stamps received by an applicant/recipient or family member who is participating in the food stamp program under section 8 of the Food Stamp Act of 1964 (7 U.S.C.A. § 2017(b)).
(2) Value of United States Department of Agriculture surplus food donation. The value of United States Department of Agriculture donated foods—surplus commodities—distributed under section 32 of the Agricultural Adjustment Act (7 U.S.C.A. § 612c).
(3) 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 section 2 of the National School Lunch Act (42 U.S.C.A. § 1751).
(4) LIHEAP. Home energy assistance payments or services received under LIHEAP.
(5) Experimental housing allowance program. Experimental Housing Allowance Program (EHAP) payments made under annual contribution contracts entered into before January 1, 1975, under the United States Housing Act of 1937 (42 U.S.C.A. § § 1437—1440).
(6) Subsidies paid for housing or utilities. Subsidies paid for housing or utilities under the United States Housing Act of 1937 and housing rehabilitation grants under the Housing and Community Development Act of 1974 (Pub.L. 93-383, 88 Stat. 633).
(7) Uniform relocation assistance and real property acquisition policies. 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).
(8) Job Training Partnership Act. Money received as need based payments or payments for supportive services from the Job Training Partnership Act (29 U.S.C.A. § § 1501—1781).
(9) Alaska Native Claims Settlement Act. Tax exempt portions of payments made under the Alaska Native Claims Settlement Act (43 U.S.C.A. § § 1601—1628).
(10) Payments to Indian tribes. The following payments to Indian tribes:
(i) 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) or the act of October 19, 1973 (Pub.L. 93-134, 87 Stat. 466) (25 U.S.C.A. § § 1401—1408).
(ii) Effective October 17, 1975, receipts distributed to members of certain Indian tribes referred to in section 5 of the act of January 4, 1975 (Pub.L. 93-638, 88 Stat. 2216) (25 U.S.C.A. § 459d).
(iii) Effective January 12, 1983, interest and investment income accrued on Indian Judgement funds while held in trust under the Per Capita Act (25 U.S.C.A. § § 117a—117c) and the act of October 19, 1973 (Pub.L. 93-134, 87 Stat. 466) (25 U.S.C.A. § § 1401—1408).
(11) Payment to volunteers. Payment to volunteers under any of the following provisions:
(i) Payments to volunteers under Subchapter I of the Domestic Volunteer Service Act of 1973 (42 U.S.C.A. § § 4951—4993). Payments for volunteer work in VISTA, Service Learning Programs and Special Volunteer Programs.
(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 Service Act of 1973 (42 U.S.C.A. § § 5001—5024), 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.
(12) Congregate meals. Benefits received under Subchapter III, Part C of the Older Americans Act of 1965 (42 U.S.C.A. § § 3030e—3030g).
(13) Senior Citizen Rebate and Assistance Act. Money received as a rent rebate or as property tax assistance under the Senior Citizen Rebate and Assistance Act (72 P. S. § § 4751-1—4751-12).
(14) Adoption subsidies. Maintenance subsidies received under the Adoption Opportunity Act (62 P. S. § § 771—774) for the use of the special need child.
(15) Foster care payments. Payments received for providing foster care under Title IV-E of the Social Security Act (42 U.S.C.A. § § 670—676) or Article VII of the Public Welfare Code (62 P. S. § § 701—735).
(16) Support. The first $50 per month of court-ordered and voluntary support payments received, excluding arrearages.
(17) Home energy assistance (HEA) benefits. HEA benefits furnished in-kind by a certified, private, nonprofit organization or furnished as cash or in-kind assistance by a certified supplier of home heating oil or gas, by a certified entity providing home energy whose revenues are primarily derived on a rate-of-return basis and regulated by the Public Utility Commission or by a certified municipal utility providing home energy. HEA benefits include, but are not limited to, payments for heating or cooling, storm doors, weatherization services and blankets. HEA benefits do not include food or clothing.
(18) Support or maintenance assistance benefits. In-kind support or maintenance benefits provided by a certified, private, nonprofit organization. Benefits include, but are not limited to, in-kind provision of food, clothing, temporary emergency shelter, furniture, toys and appliances.
(19) Japanese-American and Aleutian restitution payments. Restitution payments made by the United States government to eligible Japanese-Americans and Aleuts who were interned or relocated during World War II. If the eligible Japanese-Americans are deceased at the time of payment, payments will be made to certain of their survivors as specified under the Civil Liberties Act of 1988 (50 App. § § 1989b and 1989b-1—1989b-9). This payment is also excluded. This provision does not apply to eligible Aleuts who are covered under the Aleutian and Pribilof Islands Restitution Act (50 App. § § 1989c and 1989c-1—1989c-8). Interest received on retained restitution payments is also not excluded but is subject to the usual regulations governing interest as specified in this chapter.
(20) Agent orange settlement payments. Payments made from the Agent Orange Settlement Fund or another fund established pursuant to the settlement in the agent orange product liability litigation.
Source The provisions of this § 140.43 adopted September 2, 1988, effective October 1, 1988, 18 Pa.B. 4004; amended March 22, 1991, effective upon publication in the Pennsylvania Bulletin and applies retroactively to August 10, 1988, 21 Pa.B. 1182; amended August 27, 1993, effective August 28, 1993, with the exception of the Agent Orange Settlement Payments requirement which is retroactive to January 1, 1989, 23 Pa.B. 4071. Immediately preceding text appears at serial pages (155136) and (156995) to (156996).
Cross References This section cited in 55 Pa. Code § 140.64 (relating to income of a child).
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