55 Pa. Code § 181.123 - Unearned income exclusions
The following do not count when determining income eligibility for MA and shall be excluded in the order noted:
(1)
Refund or return of taxes paid on
real property. A refund or return from a public agency of taxes paid
on real property.
(2)
Educational expenses. The amount of a grant, scholarship or
fellowship used for paying tuition, fees or other necessary educational
expenses.
(3)
Home
produce. The value of food produced by an applicant/recipient which is
used by him and his household for their own personal consumption and not for
sale.
(4)
Disaster relief
assistance.
(i) Support and
maintenance provided as disaster relief assistance, including income-in-kind,
received as the result of a catastrophe declared by the President as a major
disaster under the Disaster Relief Act of 1974 (42 U.S.C.A. §§
5121-5202) or another Federal statute,
if the following conditions are met:
(A) At
the time of the catastrophe, the applicant/recipient was living in and
maintaining his own home but discontinued living in his home because of the
catastrophe.
(B) The
applicant/recipient began to receive disaster assistance within 30 days after
the last day of the catastrophe.
(C) The applicant/recipient received the
disaster assistance while living in a residential facility, including a private
household maintained by another person.
(D) The exclusion applies for a period
beginning on the date the assistance is received and ending on the last day of
the 18th full month following the month the cash was
received.
(ii) Other
assistance is not counted as income if received under the Disaster Relief Act
of 1974 or under another Federal statute because of a catastrophe which the
President declares to be a major disaster.
(5)
Interest on disaster relief
assistance. Interest earned on disaster relief assistance for a period
beginning on the date the assistance is received and ending on the last day of
the 9th full month following the month the cash was received. Interest earned
for a period beginning on the date the assistance is received and ending on the
last day of the 18th full month following the month the cash was received, if
the applicant/recipient has good cause for not repairing or replacing the
property or contracting for the repair or replacement of the property for which
the disaster relief assistance was given.
(6)
German reparations
payments. Payments made under the Republic of Germany's federal law
for compensation or Nationalist Socialist Persecution-German Restitution Act-to
certain survivors of the Holocaust. The payments may be made periodically or as
a lump sum.
(7)
Unearned
income not exceeding $20 in a month. Unearned income that does not
exceed $20 in a month, if it is received irregularly or infrequently. If the
total amount of infrequent or irregular unearned income received in a month
exceeds $20 or the unearned income is received more than once in a quarter,
this exclusion is not given.
(8)
Periodic payments by a state based solely on residence.
Periodic payments made by a state under a program established before July 1,
1973, and based solely on the length of residence and attainment of 65 years of
age.
(9)
Payments for
providing foster care. Payments for providing foster care to a child
who is not receiving, or applying for, MA as part of the applicant/recipient
group and who was placed in the applicant's/recipient's home by a public or
private nonprofit child placement or child care agency.
(10)
Interest earned on burial
funds. Interest earned on burial funds if the burial fund is excluded
as a resource under Chapter 178 (relating to resource provisions for
categorically NMP-MA and MNO-MA) and the interest is left to accumulate and
become part of the burial fund.
(11)
Certain support and maintenance assistance. In-kind support or
maintenance assistance benefits furnished in-kind or 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. Support and maintenance assistance
includes Home Energy Assistance (HEA) and may include, but is not limited to,
payments for heating or cooling, storm doors, weatherization services and
blankets. HEA benefits do not include food or clothing.
(12)
Interest income.
Interest income if it is received only once during a calendar quarter and the
total of the interest income plus infrequent or irregular unearned income
received in the month in which the interest income is received does not exceed
$20.
(13)
Property tax and
rent rebate payments. Property tax and rent rebate payments and
inflation dividend payments received under the Senior Citizens Rebate and
Assistance Act (72 P. S. §§ 4751-1-4751-12) originally enacted March 11,
1971.
(14)
Reduction in
unearned income to recover a previous overpayment. If unearned income
of the applicant/recipient is reduced to cover a previous overpayment, the
amount of the reduction is exempt from consideration as current income if the
amount of the overpayment was considered in determining financial eligibility
for MA at the time the overpayment was received.
(15)
Advance payments against
expenses of obtaining income. A lump sum advance to cover expenses to
obtain income. The advance is considered reimbursement for expenses of
obtaining the income.
Notes
The provisions of this § 181.123 issued under section 403(b) of the Public Welfare Code (62 P. S. § 403(b)).
This section cited in 55 Pa. Code § 181.71 (relating to special NMP-MA income limit for institutionalized aged, blind and disabled); 55 Pa. Code § 181.101 (relating to benefits, dividends and interest); 55 Pa. Code § 181.110 (relating to income deemed available from the spouse); and 55 Pa. Code § 181.452 (relating to posteligibility determination of income available from an MA eligible person toward his cost of care).
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