55 Pa. Code § 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.
Notes
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