55 Pa. Code § 183.81 - Income exemptions
The following income is not considered in determining the amount of the monthly assistance payment:
(1)
TANF child. For TANF,
the gross earnings of a child, if one of the following conditions is met:
(i) The child is qualified by age and
dependency status as an TANF child and is a student under one of the following:
(A) A full-time student under Chapter 145
(relating to age).
(B) A part-time
student who is also employed part-time. The employment status of the student;
that is, whether he is employed full or part-time, is determined during that
period when school is in session. Full-time employment during school vacation
does not affect the status of the student as a part-time employee as long as it
is reasonably expected that the child will return to school.
(ii) The child is a nonstudent 17 years of
age or younger whose earnings are from a program under the Job Training
Partnership Act of 1982. This earnings exemption is for a maximum of 6 calendar
months per calendar year.
(2)
GA child. For GA, the
earnings of a child, if one of the following applies:
(i) The child is 13 years of age or
younger.
(ii) The child is 14
through 17 years of age and the earnings are from a program under the Job
Training Partnership Act of 1982. This earnings exemption is for a maximum of 6
calendar months per calendar year.
(3)
Educational loans, grants and
work-study income. The following do not count as income:
(i) Educational assistance in the form of
loans, grants and scholarships.
(ii) Work-study income.
(4)
Funds subject to
reimbursement. Funds for which a Departmental reimbursement agreement
has been executed.
(5)
MA
copayment refunds. A refund to the client authorized as a rebate for
payment made in excess of the amount required as copayment for MA
services.
(6)
Retroactive
assistance payments. Retroactive assistance payments authorized to
correct underpayments to current recipients are not considered as income in the
month paid nor in the next following month. In subsequent months, money
remaining from the payments is treated as a resource.
(7)
Corrective assistance
payments. A corrective assistance payment authorized retroactively as
a result of a prehearing conference, a fair hearing decision or a court
order.
(8)
Assigned court
order payment refunds. An assigned court ordered or voluntary support
payment when refunded to the client due to a month of suspension of the monthly
assistance payment.
(9)
Job
Training Partnership Act. Money received as need-based payments or
payments for supportive services from the Job Training Partnership Act of
1982.
(10)
Donations from
public or private agencies. Money, goods or services a client receives
from a public or private agency or organization, if one of the following
applies:
(i) It is intended for a purpose
different from that provided for by the assistance allowance.
(ii) It is not provided for by the assistance
allowance.
(iii) Its value, when
added to the assistance allowance and other income of the budget group, does
not equal or exceed the applicable standard of need.
(11)
Donations from
individuals. In-kind goods or services provided by an individual to a
client. Third-party payments made to a vendor on behalf of a client.
(12)
Relocation assistance and real
property acquisition. Money received under Subchapter II of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (42 U.S.C.A. §§
4621-4638, specifically §
4636).
(13)
Gifts, loans or
borrowed money. Loans or borrowed money, such as car loans or personal
loans. Occasional nonrecurring small amounts of money given by or borrowed from
a source if the amount of money does not exceed $30 per person in a calendar
quarter which begins in January, April, July and October.
(14)
Congregate meals.
Benefits received under Part C, Congregate Nutrition Service of the Older
Americans Act (42 U.S.C.A. §
3030e).
(15)
Payments to volunteers.
Payments to volunteers are considered as follows:
(i) Payments 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 are
excluded.
(ii) Payments 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 Services Act (42 U.S.C.A. §§
5001-5023),
are excluded 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.
(16)
Senior
Citizens Rebate and Assistance Act. Money received under the Senior
Citizens Rebate and Assistance Act (72 P. S. §§ 4751-1-4751-12).
(17)
Adoption assistance
subsidies. Federal adoption assistance subsidies received under Title
IV-E of the Adoption Assistance and Child Welfare Act of 1980 (Pub.L. 96-272)
(94 Stat. 500) and State or local adoption assistance subsidies received under
sections 771-774 of the Public Welfare Code (62 P. S. §§
771-774). This money, which is an
adoption assistance subsidy for a special need child, is restricted for the use
of the special need child. It is exempt as long as the child for whom payment
is made is not a member of the budget group.
(18)
Foster care payments.
Money received from providing foster home care for a child placed by an
approved child placement agency. Money paid through Title IV-E of the Adoption
Assistance and Child Welfare Act of 1980 and State or local money paid through
Article VII of the Public Welfare Code (62 P. S. §§
701-774) is restricted for the
needs of the foster child.
(19)
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. §§
1751-1769c).
(20)
Food Stamp Program
benefits. The value of free stamps received by a participant in the
Food Stamp Program.
(21)
U.S.D.A. surplus food donation. The value of the United States
Department of Agriculture donated foods-surplus commodities.
(22)
Home produce. The value
of home produce of a client used by him and his household for their
consumption.
(23)
Experimental Housing Allowance Program. Experimental Housing
Allowance Program (EHAP) payments made under annual contributions contracts
entered into prior to January 1, 1975, under the United States Housing Act of
1937 (42 U.S.C.A. §§
1437-1437q).
(24)
Housing subsidies.
Subsidies paid for housing or utilities under section 8 of the United States
Housing Act of 1937 (42
U.S.C.A. §
1437f) and housing rehabilitation
grants under the Housing and Community Development Act of 1974 (Pub.L. No.
93-383, 88 Stat. 633).
(25)
LIHEAP. Home energy assistance payments or services received
under the Low Income Home Energy Assistance Program (LIHEAP).
(26)
Home energy assistance
benefits. Home energy assistance (HEA) benefits furnished in-kind by a
private, nonprofit organization or furnished as cash or in-kind assistance by a
certified supplier of home heating oil or gas, 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 a certified
municipal utility providing home energy. HEA benefits may include payments for
heating or cooling, storm doors, weatherization services, blankets and the
like. HEA benefits do not include food or clothing.
(27)
Support or maintenance
assistance benefits. In-kind support or maintenance assistance (SMA)
benefits provided by a private, nonprofit organization. SMA benefits include
in-kind provision of food, clothing, temporary emergency shelter, furniture,
appliances and the like.
(28)
Payments to Indian tribes. Payments to Indian tribes are
considered as follows:
(i) Tax-exempt
portions of payments made under the Alaska Native Claims Settlement Act
(43 U.S.C.A. §§
1601-1628) are exempt.
(ii) 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) and the act of October 18,
1973 (Pub.L. 94-114) (89 Stat. 579) (25 U.S.C.A. §§
1401-1407)
are exempt.
(29)
Support
pass-through. The first $50 per budget month of court-ordered and
voluntary support payments received by the budget group, excluding
arrearages.
(30)
Earned
income tax credit (EITC). Advance or year-end payments. Year-end
payments are exempt in the month received. In subsequent months, money
remaining from the payment is treated as a resource.
Notes
The provisions of this § 183.81 amended under sections
201(2), 403(b), 432 and 432.12 of the Public Welfare Code (62 P. S. §§
201(2),
403(b), 432 and 432.12); 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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