55 Pa. Code § 181.264. Income and benefits not counted by Federal and State statutes for the AFDC and GA categories.

§ 181.264. Income and benefits not counted by Federal and State statutes for the AFDC and GA categories.

The following are not counted by Federal and State statutes for the TANF and GA categories:
   (1)  Food Stamp Program Benefits. The value of free stamps received by an applicant/recipient who is participating in the food stamp program under section 8 of the act of August 31, 1974 (Pub.L. 88-525) (78 Stat. 705) (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 act of August 24, 1935 (49 Stat. 774) (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 the National School Lunch Act (42 U.S.C.A. §  1751).
   (4)  LIHEAP. Home energy assistance payments or services received under the Low Income Home Energy Assistance Program (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. No. 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. § §  4601, 4602 and 4621—4655, 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 the act of October 17, 1975 (Pub.L. 94-114) (89 Stat. 579) (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 Sections 2—8 of the act of October 19, 1973 (Pub.L. 93-134) (87 Stat. 466) (25 U.S.C.A. § §  1402—1408).
   (11)  Payment to volunteers. Payment to volunteers under one of the following provisions:
     (i)   Payment to volunteers under Subchapter I of the Domestic Volunteer Services Act of 1973 (42 U.S.C.A. § §  4951—4993). Payments for volunteer work in VISTA, Service Learning Programs and Special Volunteer Programs.
     (ii)   Payment 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 Part C, Congregate Nutrition Service of the Older American Act of 1965 (42 U.S.C.A. §  3030e).
   (13)  Senior Citizens Rebate and Assistance Act. Money received as a rent rebate or as property tax assistance under provisions of the Senior Citizens 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—735) 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 Pennsylvania Public Utility Commission or by a certified municipal utility providing home energy. HEA benefits may 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 (SMA) benefits. In-kind SMA benefits provided by a certified private, nonprofit organization. SMA benefits may 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 are excluded. If the eligible Japanese-Americans are deceased at the time of payments, payments will be made to certain of their surivivors as specified under the Civil Liberties Act of 1988 (50 App. § §  1989b and 1989b-1—1989b-9). This payment is also excluded. This paragraph 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.

Authority

   The provisions of this §  181.264 issued under section 403(b) of the Public Welfare Code (62 P.S. §  403(b)).

Source

   The provisions of this §  181.264 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949; 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 (157086) and (175277) to (175278).

Cross References

   This section cited in 55 Pa. Code §  140.441 (relating to income not counted); and 55 Pa. Code §  181.284 (relating to income of a child).

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