55 Pa. Code § 177.21 - Personal property
(a)
Applicants and recipients. For an applicant and recipient, the
following personal property is not counted in determining eligibility:
(1) Basic items essential to day to day
living, such as the following:
(i) A household
furnishing.
(ii) A major
appliance.
(iii) An item used to
provide, equip and maintain a household for the applicant or
recipient.
(iv) A personal effect
of limited value, including clothing, a child's toy, a wedding or engagement
ring.
(v) Pets and family
heirlooms.
(vi) A farm animal for
domestic use.
(vii) A piece of farm
equipment or a farm animal needed for employment.
(viii) A piece of equipment needed for
employment, rehabilitation or to implement a self-care plan.
(2) The full value of one vehicle
per TANF or GA budget group. The equity value of all other vehicles will be
counted and applied toward the resource limit.
(3) A retroactive assistance payment received
as a result of a prehearing conference, a fair hearing decision or a court
order. This exemption will be only for the calendar month of receipt and the
following calendar month. If an amount remains after the period of exemption,
it is considered nonexempt and is subject to the resource limits under §
177.31 (relating to resource
limit).
(4) A retroactive
assistance payment authorized to correct underpayments to current recipients.
The exemption will be only for the calendar month of receipt and the following
calendar month. If an amount remains after the period of exemption, it is
considered nonexempt and is subject to the resource limit under §
177.31.
(5) The value of food stamps received by a
participant in the food stamp program.
(6) A Home Energy Assistance (HEA) benefit
furnished in-kind by a private, nonprofit organization or furnished as cash or
in-kind assistance by a supplier of home heating oil or gas, by an 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
municipal utility providing home energy. HEA benefits may include payments for
heating or cooling, storm doors, weatherization services, blankets or other
items. HEA benefits do not include food or clothing.
(7) In-kind Support or Maintenance Assistance
(SMA) benefits provided by a private, nonprofit organization. SMA benefits may
include in-kind provisions of food, clothing, temporary emergency shelter,
furniture, appliances or other items.
(8) Benefits received from the Low Income
Home Energy Assistance Program (LIHEAP).
(9) A revocable burial reserve, as defined in
§
177.2 (relating to definitions),
of up to $1500 for each member of the budget group.
(10) If a burial reserve is in irrevocable
form under §
177.24(l)(i)
(relating to determining value of resources), it has no effect on eligibility
for assistance.
(11) An educational
savings account established by an individual at a bank or other financial
institution to pay for education expenses, including tuition, books and
incidental expenses related to attendance at a vocational school, community
college, college or university. The account shall be clearly identified as
having been established for or restricted to payment of educational expenses.
(i) The savings account, its ownership, the
account balance and the fact that the account is restricted for payment of
educational expenses shall be verified by written documentation. Documentation
may include, but is not limited to, a copy of the passbook or a copy of the
current account statement from the bank or other financial
institution.
(ii) Moneys deposited
in an account plus interest earned on the account shall be exempt in
determining eligibility as long as the funds remain on deposit.
(iii) Moneys withdrawn to pay for educational
expenses are exempt. Documentation shall be provided that verifies the expenses
were incurred and related to attending school.
(iv) Moneys withdrawn from an educational
savings account that are used for a purpose unrelated to education shall be
added to the budget group's resource amount and used to determine eligibility
beginning with the date of withdrawal.
(12) Savings accounts established and bonds
purchased under the Tuition Account Program and College Savings Bond Act
(24
P. S. §§
6901.101-6901.701).
(13) Educational assistance in the form of
loans, grants and scholarships, and work-study income.
(14) The face and cash surrender value of a
life insurance policy.
(15) A
family savings account established under Chapter 21 of the Job Enhancement Act
(73
P. S. §§
400.2101-400.2103).
(i) The account shall be clearly identified
as a family savings account.
(ii)
The savings account, its ownership and the account balance shall be verified by
written documentation. Documentation may include a copy of the passbook or a
current statement from the bank or other financial institution.
(iii) Moneys deposited into the account plus
interest earned on the account shall be exempt in determining eligibility as
long as the funds remain on deposit.
(iv) Moneys withdrawn to pay for expenses
outlined in an approved savings plan for this account are exempt. Documentation
shall be provided that verifies the expenses were incurred.
(v) Moneys withdrawn from a family savings
account that are used for a purpose unrelated to the approved savings plan
shall be added to the budget group's resource amount and used to determine
eligibility beginning with the date of withdrawal. Exception: moneys withdrawn
to pay for educational expenses shall be exempt.
(b)
SBP and SSI recipients.
Personal property of SBP and SSI recipients is considered exempt in determining
eligibility of the budget group, even if the recipient is an LRR to a budget
group member.
(c)
LRRs. An LRR is eligible for the personal property exemptions
in subsection (a). The following requirements apply:
(1) An LRR who resides with the budget group
and is not receiving cash assistance will have nonexempt personal property
counted in determining eligibility of the budget group.
(2) An LRR who is not residing with the
budget group will not have his nonexempt personal property resources counted
when determining the eligibility of the budget group.
(d)
Individual sponsor of an
alien. An individual sponsor of an alien is eligible for the personal
property resource exemptions in subsection (a).
(e)
Stepparents. Personal
property of a stepparent who is not included in the budget group is exempt in
determining eligibility for stepchildren.
Notes
The provisions of this § 177.21 amended under sections
201(2), 403(b) and 432 of the Public Welfare Code (62 P. S. §§
201(2),
403(b) and 432); Titles I and
III of the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (Pub. L. No.
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