§ 177.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Automobile—A passenger car, truck, motorcycle or other motor vehicle that can be used to transport persons or goods, and is of a type permitted to travel on public roads.
Budget group—One or more related or unrelated individuals who occupy a common residence or would occupy a common residence if they were not homeless and whose needs are considered together in determining eligibility for cash assistance under one category of assistance.
Burial reserve—Funds or other resources held in trust or under contract with a financial institution or a funeral director, and designated for burial expenses. The term may also be known as funeral reserves, funeral agreements, prepaid funeral agreements, burial funds, burial agreements, and the like.
Burial space—A conventional grave site, crypt, burial drawer, mausoleum, urn and another repository used to deposit the remains of deceased persons.
CWEP—The Community Work Experience Program under Chapter 166 (relating to employment and community work experience program).
Equity value—The fair market value, less encumbrances.
Fair market value—The price which property would sell for on the open market in the geographic area in which it is located.
Good faith effort to sell real property—Listing the real property with a licensed real estate broker or advertising the real property for sale in the local newspaper within 10 working days following an applicant’s authorization of assistance or a recipient’s reapplication, and accepting an offer of purchase which represents the fair market value or more for the real property.
LRR—legally responsible relative—A spouse, or the natural or adoptive parent of a TANF dependent child, of a GA unemancipated child 18 years of age or younger, or of a minor parent. The term does not include a putative father.
Legally available resource—Real or personal property or interest property which a person has, or can make available for his use. The term includes partial interest in property which a person has the right, authority and power to liquidate, and partial interest in property if the co-owners consent to disposition or liquidation.
Minor parent—A TANF-eligible person under 18 years of age who has never been married and is the natural parent of a dependent child living with the minor parent, or is pregnant or a GA-eligible person 16 or 17 years of age who has never been married and is the natural parent of a dependent child living with the minor parent, or is pregnant.
Nonresident property—A house, mobile home, building, burial plot or land which is not used as resident property by the applicant/recipient, the applicant or recipient’s spouse or minor or incompetent adult children.
Personal property—A privately owned possession which is not real property. The term may include cash, bank accounts, stocks, bonds, mortgages, life insurance policies, household furnishings, personal effects, boats and Federal, State and local tax refunds.
Real property—Land, buildings, mobile homes and improvements thereto.
Rebuttable presumption—A rule of evidence which permits the Department to assume that when certain facts are true, other facts are true, without having proof of those other facts. The presumption is automatic, and may be disproved or rebutted only by the client presenting evidence at a prehearing conference or a fair hearing. If the client presents no evidence at a prehearing conference to disprove the presumption, the presumption remains unrebutted and stands.
Resident property—A house, mobile home or building, including the land on which it sits, which is lived in by the client, the client’s spouse or minor or incompetent adult children.
Resource—Real or personal property.
Authority The provisions of this § 177.2 issued under section 403(b) of the Public Welfare Code (62 P. S. § 403(b)); amended under sections 201 and 403(b) of the Public Welfare Code (62 P. S. § § 201 and 403(b)).
Source The provisions of this § 177.2 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3893; amended April 12, 1991, effective May 1, 1991, 21 Pa.B. 1557; amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3699; amended August 14, 1998, effective immediately and apply retroactively to March 3, 1997, 28 Pa.B. 3939; amended July 28, 2000, the provisions under Act 35 retroactive to June 17, 1996, 30 Pa.B. 3779. Immediately preceding text appears at serial pages (247334) to (247335).
Cross References This section cited in 55 Pa. Code § 177.21 (relating to personal property); 55 Pa. Code § 177.23 (relating to ownership); and 55 Pa. Code § 283.22 (relating to resources).
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