6 Pa. Code § 22.24 - Income provisions
(a)
Income limits. Applicants shall have an annual income of
$11,999.99 or less in the case of a single individual, or $14,999.99 or less
combined income in the case of married couples, with the following exceptions:
(1) Married applicants will be subject to the
income provisions for single individuals if each spouse maintains a separate
residence and neither spouse has access to, or receives support from, the
other's income during the year for which income is declared as provided for in
subsections (d) and (f).
(2)
Married applicants will be subject to the income provisions for single
individuals if either spouse is a resident of a long-term care facility during
the year for which income is declared as provided for in subsections (d) and
(f).
(3) Recently widowed or
divorced applicants, will be subject to the income provisions for married
couples if they had access to, or received support from, the former spouse's
income during the year for which income is declared as provided for in
subsections (d) and (f).
(b)
Income inclusions.
Income includes income from whatever source derived, including but not limited
to the following:
(1) Salaries.
(2) Wages.
(3) Bonuses.
(4) Commissions.
(5) Income from self-employment or
partnership income.
(6)
Alimony.
(7) Support
money.
(8) Cash public assistance
and relief.
(9) The gross amount of
pensions or annuities including Railroad Retirement benefits.
(10) The gross amount of cash benefits
received under the Federal Social Security Act, except Medicare
benefits.
(11) Benefits received
under State unemployment insurance laws.
(12) Veteran's disability payments.
(13) Interest, including interest received
from the Federal government, State government or an instrumentality or
political subdivision thereof.
(14)
Realized capital gains except as provided in subsection (c).
(15) Rental income.
(16) Workmen's compensation benefits and the
gross amount of loss of time insurance benefits, except those benefits granted
under section 306(c) of the Workmen's Compensation Act (77 P. S. §
513).
(17) Life insurance benefits and proceeds,
except as provided in subsection (c).
(18) Gifts or bequests of cash or property,
other than transfers by gift between members of a household, in excess of a
total value of $300.
(19) Any
amount of money or the fair market value of a prize, such as an automobile or a
trip won in a lottery, a contest or by a form of gambling.
(20) Royalties.
(21) Dividends.
(c)
Income exclusions.
Income does not include the following:
(1)
Surplus food or other noncash relief, including food stamps, supplied by a
government agency.
(2) Property tax
rebate payments, rent rebate payments, and inflation dividends received under
the Senior Citizens Rebate and Assistance Act (72 P. S. §§ 4751-1-4751-12).
(3) Medicare benefits.
(4) The first $5,000 of the total of death
benefit payments received upon the death of each person from whom the benefits
may be due.
(5) The difference
between the purchase price of a person's residence and its selling price, to
the extent that the person uses the proceeds from the sale of the residence to
purchase a different residence within 2 years of the sale of the former
residence.
(6) The amount of
damages received, whether by civil suit or settlement agreement, on account of
personal injuries. Damages received means an amount received through
prosecution of a legal suit, action or other claim based on tort or tort type
rights, or through a settlement agreement entered into in lieu of litigation,
except to the extent that the amount duplicates reimbursements previously
received. Damages include black lung benefits and benefits granted under
section 306(c) of the Workmen's Compensation Act (77 P. S. §
513).
(7) Payments provided to eligible low income
households under the Commonwealth's Low Income Home Energy Assistance
Program.
(8) With reference to
client payments received by home providers of the domiciliary care program
administered by the Department under the act of June 20, 1978 (P. L. 477, No.
70) (71 P. S. §§ 581-1-581-12), that portion of the payments
which, for any specific income year, does not exceed the actual expenses of
providing domiciliary care services.
(d)
Declaration of income.
An applicant shall declare the total annual income for the calendar year
immediately preceding the year in which the applicant applies to participate in
PACE.
Example-An applicant applies to participate in the PACE Program on August 16, 1990. The applicant shall declare his total annual income for the previous year, which is calendar year 1989. Accordingly, the applicant shall declare all of the income which he received from January 1, 1989 up to and including December 31, 1989.
(1)
The applicant shall indicate, in spaces provided on the PACE Application Form,
the source and amount of each type of annual income.
(2) The applicant shall declare all income,
as defined in this section, identifying each source separately.
(3) A married applicant, unless covered under
subsection (a), shall declare all applicable income of the spouse, identifying
each source separately. If only one spouse is applying for PACE benefits, that
spouse shall declare all applicable income of both spouses.
(4) The failure to provide truthful
information with respect to this section will subject the applicant to the
criminal penalties provided in §
22.72 (relating to prohibited acts
and criminal penalties).
(e)
Documentation of income.
An applicant or a claimant may be required to document the annual receipt of
income, derived from all sources, when requested to do so by the Department.
Whenever this is the case, the following are examples of documents, photocopies
of which shall be provided as reasonable proof of income:
(1) Federal, State or local income tax
returns.
(2) Pension checks,
annuity checks or checks from other sources of income. When the checks are
issued monthly, or on some other less-than-annual basis, a photocopy of the
check for a single month, or other applicable period, will suffice. United
States Treasury checks may not be photocopied.
(3) Statements from a financial institution
where direct deposit is made for the applicant or claimant or statements from a
government agency, such as the Social Security Administration or the Railroad
Retirement Board.
(4) Another type
of document which is likely to verify the type and amount of income.
(f)
Period used to
determine income. For purposes of PACE eligibility, the income, as
defined in §
22.2 (relating to definitions) and
this section, used to determine eligibility will be that income received by an
applicant during the calendar year immediately preceding the year in which the
applicant applies to participate in PACE.
Notes
This section cited in 6 Pa. Code § 22.2 (relating to definitions); 6 Pa. Code § 22.21 (relating to general claimant eligibility policy); 6 Pa. Code § 22.33 (relating to responsibilities of the applicant in the application process); and 6 Pa. Code § 22.42 (relating to responsibilities of the claimant in the eligibility redetermination process).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.