DEEMING OF RESOURCES FOR THE AGED, BLIND AND
DISABLED CATEGORIES OF MA
§ 178.91. Deeming of resources.
(a) The deeming of resources is the assumption that the resources of an eligible person include the resources of the nonapplicant or ineligible spouse, including common-law, living with the eligible person regardless of whether the resources are made available to him.
(b) The deeming of resources is applicable only in situations where an eligible person is living in the same household with his nonapplicant or ineligible spouse, including common-law.
(c) The deeming of resources ends on the first day of the month following the month in which the persons are no longer living together.
(d) The persons are living together if the eligible person or the spouse is temporarily absent for economic reasons, emergency reasons, vacations or visits, and returns in the same month or the following month.
(e) The deeming of resources does not apply to pension funds owned by an ineligible spouse. Pension funds are defined as monies held in a retirement fund under a plan administered by an employer or union, or an individual retirement account—IRA—or Keogh Account as described by the Internal Revenue Code (26 U.S.C.A. § § 1—7872).
(f) Deeming of resources does not apply when one or both of the persons are living in an institution even when sharing a room. They are not considered to be living in a household.
(g) In deeming from one spouse to the other, the resources of those two persons are considered as if they were applying together and their total resources are subject to the two person MA resource limit in Appendix A for the appropriate MA Program.
(h) The resources of an applicant/recipient living with his nonapplicant or ineligible spouse—including common-law—are considered to include resources of the nonapplicant or ineligible spouse not excluded under the following provisions:
(1) Section 178.61 (relating to resources excluded by Federal statute).
(2) Section 178.62 (relating to real property used as a principal place of residence).
(3) Section 178.63 (relating to real property not excluded as a home).
(4) Section 178.64 (relating to property used in a trade or business essential to self-support).
(5) Section 178.65 (relating to nonbusiness property essential to self-support).
(6) Section 178.66 (relating to household goods and personal effects).
(7) Section 178.67 (relating to motor vehicle).
(8) Section 178.69 (relating to life insurance policies).
(9) Section 178.70 (relating to term insurance policies).
(10) Section 178.71 (relating to burial spaces).
(11) Section 178.72 (relating to irrevocable burial reserve).
(12) Section 178.73 (relating to revocable burial reserve).
(13) Section 178.74 (relating to disaster relief assistance).
(14) Section 178.75 (relating to replacement assistance).
(15) Section 178.76 (relating to retroactive payment under SSI and Title II of the Social Security Act).
(16) Section 178.77 (relating to proceeds from the sale of an excluded resident home).
(17) Section 178.78 (relating to Uniform Gifts to Minors Act).
(18) Section 178.79 (relating to certain support and maintenance assistance).
(19) Section 178.80 (relating to low income home energy assistance program).
(20) Section 178.81 (relating to German reparations payments).
(21) Section 178.82 (relating to Japanese-American and Aleutian restitution payments).
(22) Section 178.83 (relating to agent orange settlement payments).
(i) The eligible applicant/recipient and his nonapplicant or ineligible spouse are considered a couple and their resources are subject to the two person MA resource limit in Appendix A for the appropriate MA Program.
(j) The resources are considered whether or not they are made available to the applicant/recipient.
Source The provisions of this § 178.91 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3979; 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 (171815) to (171816).
Cross References This section cited in 55 Pa. Code § 178.121 (relating to general); and 55 Pa. Code § 178.124 (relating resource eligibility for the institutionalized spouse).
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