55 Pa. Code § 177.22 - Real property
(a)
Resident property owned by an applicant or recipient. The
equity value of resident property is not counted toward the resource limit. The
owner shall acknowledge liability of the resident property for reimbursement of
assistance received on behalf of himself and persons for whom he is an LRR as
defined in §
257.24(b)
(relating to procedures) by signing an agreement consenting to the placement of
a lien against the property.
(1) The
Department will not force the sale of, or execute on a lien against, resident
property as long as the property is used as a home by the applicant or
recipient owner or his spouse or minor or incompetent adult children.
(2) Although a lien is placed against
resident property, the lien does not include assistance paid during the period
the owner or someone else in the budget group worked in a CWEP assignment. The
amount disregarded from the lien will equal the number of hours worked in a
CWEP assignment multiplied by the hourly minimum wage at the time of the work
assignment.
(b)
Nonresident property owned by an applicant or recipient.
Nonresident property, including a burial space, is considered in the following
manner:
(1) One burial space for each
household member is exempt. This exemption also applies to LRRs and sponsors of
aliens.
(2) If nonexempt property
is legally available, the equity value of the applicant's/recipient's interest
in the property plus the equity value of other nonexempt resources is totaled
and considered against the resource limits in §
177.31 (relating to resource
limit).
(3) If the equity value of
nonexempt property, either alone or in combination with other nonexempt
resources, exceeds the resource limit, each separately deeded parcel of
nonexempt property receives an exemption for 9 consecutive budget months
beginning with the date assistance is authorized for applicants, and the date
the resource becomes legally available for recipients, if the following
requirements are met:
(i) The applicant or
recipient makes a good faith effort to dispose of the property and shall sign
an agreement acknowledging liability for reimbursement of assistance received
on behalf of himself and persons in the budget group for whom he is an
LRR.
(ii) In cases when the budget
group has been unable to sell nonresident property for reasons beyond its
control, the 9-month time limit for disposing of the property will be extended
for additional 9-month periods as long as the Department determines that the
budget group is continuing to make a good-faith effort to sell the
property.
(iii) The applicant or
recipient repays the amount of assistance received during the exemption period,
not to exceed the net proceeds of the sale. The assistance received is treated
as an overpayment.
(4) If
the nonexempt property has not been sold within each of the 9-month exemption
periods, and the budget group cannot substantiate that a good-faith effort to
sell the property is still being made, the recipient and members of the budget
group for whom he is an LRR are ineligible, and the assistance received is
treated as an overpayment. If the assistance stops and restarts during the 9
consecutive month exemption period, the assistance received is treated as an
overpayment.
(c)
Real property owned by an SSI or SBP recipient. The equity
value of real property of an SSI or SBP recipient is not counted in determining
eligibility of a budget group, regardless of whether or not he is an LRR to the
budget group. The SBP recipient shall acknowledge liability for reimbursement
of assistance provided to members of the budget group for whom the SBP
recipient is an LRR, and a lien in favor of the Department will be placed
against only the resident property. The SBP recipient who is an LRR is subject
to the requirements under subsections (a) and (b). The SBP recipient is not
required to sell his resident property as a condition of eligibility of the
budget group, nor will the Department force the sale of, or execute on, the
lien against the property.
(d)
Resident property owned by an LRR. The following requirements
apply:
(1) The equity value of resident
property of an LRR who resides with the budget group, and who does not receive
cash assistance, is not counted when determining eligibility of the budget
group. Subject to the requirements of subsection (a), the LRR shall acknowledge
liability of the property for reimbursement of assistance received by members
for whom he is legally responsible if the LRR sells the resident
property.
(2) Subject to the
requirements under subsection (a), the LRR who owns resident property but is
not residing with the budget group shall acknowledge liability for assistance
received by members for whom the LRR is responsible. Failure by the LRR to
agree to acknowledge liability does not affect the eligibility of the budget
group.
(e)
Nonresident property owned by an LRR. The following
requirements apply to nonresident property owned by an LRR:
(1) For an LRR who resides in the home of the
budget group and who is not receiving cash assistance, SSI or SBP and who has
an ownership interest in nonresident property, his equity value of the property
plus the equity value of other nonexempt resources of those members for whom
the LRR is responsible are totaled and counted against the resource limit found
in §
177.31. The conversion
requirements of subsection (b) apply to the LRR. If the property is not legally
available, the value of the property is not counted. The LRR shall acknowledge
liability for reimbursement of the assistance received by budget group members
for whom the LRR is legally responsible under subsection (b).
(2) For an LRR who is absent from the home,
the procedures at §
257.24(a)(4)
apply.
(f)
Real
property owned by a stepparent. Real property or a portion of real
property owned by a stepparent is exempt when determining the eligibility of
the stepchild. It is not subject to acknowledgement of liability for
reimbursement of assistance received by the stepchild.
(g)
Real property owned by the
sponsor of an alien. Real property owned by a sponsor of an alien is
treated under §
177.11(h)(1)(ii) and
(iii) (relating to identification and
verification of resources).
Notes
The provisions of this § 177.22 amended under sections
201(2), 403(b) and 432 of the Public Welfare Code (62 P. S. §§
201(2),
403(b) and 432); the Support
Law (62 P. S. §§
1971-1977); Titles I and III of
the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(Pub. L. No.
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