55 Pa. Code § 181.263. Other types of income not counted for the TANF and GA categories.

§ 181.263. Other types of income not counted for the TANF and GA categories.

The following types of income are not counted for the TANF and GA categories:
   (1)  Funds subject to reimbursement. Funds for which a Department reimbursement agreement has been executed.
   (2)  MA Copayment rebates. A refund to the applicant/recipient authorized as a rebate for payment made in excess of the amount required as copayment for MA services.
   (3)  Retroactive cash assistance payments. Retroactive cash assistance payments authorized to correct underpayments to previous recipients of cash assistance are not considered income in the month paid nor in the following month. In subsequent months, money remaining from the payments is treated as a resource under Chapter 178 (relating to resources provisions for categorically NMP-MA and MNO-MA).
   (4)  Corrective cash assistance payment. A corrective cash assistance payment when authorized retroactively as a result of a prehearing conference, a fair hearing decision or a court order.
   (5)  Refund of assigned support payment. An assigned court order or voluntary support payment refunded to the applicant/recipient due to a month of suspension of the monthly cash assistance payment.
   (6)  Donations from public or private agencies. Money, goods or services an applicant/recipient receives from a public or private agency or organization.
   (7)  Donations from individuals. In-kind goods or services provided by a person to an applicant/recipient or third-party payments made to a vendor on behalf of an applicant/recipient.
   (8)  Gifts, loans and borrowed money. A loan or borrowed money such as, but not limited to, a car loan or a personal loan from non-LRR sources. Occasional nonrecurring small amounts of money given as a gift, regardless of whether the giver is or is not an LRR, if the amount of the gifts does not exceed $50 per person in a calendar quarter. A gift received by a member who is included in the application for MA or is a recipient of MA may be divided among the members applying for, or receiving, MA, if the member who received the gift claims that the gift is intended for the entire group. If the gifts exceed $50 per person per calendar quarter, only the amount of the gifts over $50 per person is treated as a resource in the month received for all of the members.
   (9)  Home produce. The value of an applicant’s/recipient’s home produce which is used by him and his household for their own personal consumption and not for sale.
   (10)  Day care. Money received from providing day care for children in an approved family day care home.
   (11)  Earned Income Tax Credit (EITC). The advance monthly payment or year-end payment which an applicant/recipient receives.

Authority

   The provisions of this §  181.263 amended under sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. § §  201(2) and 403(b)); 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; section 1902(a)(10)(A) and (C) of the Social Security Act (42 U.S.C.A. §  1396a(a)(10)(A) and (C)); and the Federal TANF regulations in 45 CFR 260.10—265.10.

Source

   The provisions of this §  181.263 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949; amended December 28, 1990, effective December 29, 1990, apply retroactively to October 1, 1989, 20 Pa.B. 6387;; amended September 13, 2002, effective retroactively to March 3, 1997, 32 Pa.B. 4435. Immediately preceding text appears at serial pages (211666) to (211667).

Cross References

   This section cited in 55 Pa. Code §  140.441 (relating to income not counted); 55 Pa. Code §  178.151 (relating to additional resource requirements); 55 Pa. Code §  181.283 (relating to contributions); 55 Pa. Code §  181.284 (relating to income of a child); and 55 Pa. Code §  181.452 (relating to posteligibility determination of income available from an MA eligible person toward his cost of care).

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.