Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › DEEMING OF RESOURCES FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.91 - Deeming of resources

Current through Register Vol. 54, No. 28, July 13, 2024
(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).