Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter D - POSTELIGIBILITY DETERMINATION OF ELIGIBILITY FOR MA PAYMENT TOWARD COST OF CARE IN INSTITUTIONS › POSTELIGIBILITY DETERMINATION PROVISIONS › Section 181.452 - Posteligibility determination of income available from an MA eligible person toward his cost of care

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The total
						gross income of an aged, blind or disabled MA eligible person's income
						includes:
(1) The total earned income as
						specified in §§ 181.91, 181.92, 181.95 and 181.96.
(2) The total unearned income as specified in
						§§ 181.101-181.104, 181.107, 181.109 and 181.110.
(3)
Aged, blind and disabled
						categories.
Some income that is identified as excluded in Subchapter B
						(relating to aged, blind and disabled categories) is not excluded under this
						subchapter and is counted when determining the MA eligible person's total gross
						income. This includes:
(i) The income
						exclusion as specified in §
														181.122 (relating to earned income
						exclusion).
(ii) The income
						exclusions as specified in §
														181.123 (relating to unearned
						income exclusions).
(4)
Income from nontrust property
. Unless the instrument
						specifically provides otherwise as follows:
(i) Payment of income made solely in the name
						of the institutionalized spouse or the community spouse is considered only
						available to that spouse.
(ii)
						Payment of income made in the names of both spouses is considered available in
						equal shares to each of them.
(iii)
						Payment of income made in the names of the institutionalized spouse or the
						community spouse, or both, and to another person is considered available to
						each spouse in proportion to the spouse's interest, or if payment is made with
						respect to both spouses and no interest is specified, one-half of the joint
						interest is considered available to each spouse.
(5)
Income from trust
						property.
(i) Income is considered
						available to each spouse as provided for in the trust.
(ii) In the absence of a specific provision
						in the trust, if payment of income is made solely to the institutionalized
						spouse or the community spouse, the income is considered available only to that
						spouse.
(iii) In the absence of a
						specific provision in the trust, if payment of income is made to both the
						institutionalized spouse and the community spouse, one-half of the income is
						considered available to each spouse.
(iv) In the absence of a specific provision
						in the trust, if payment of income is made to the institutionalized spouse or
						the community spouse, or both, and to another person, the income is considered
						available to each spouse in proportion to the spouse's interest or, if payment
						is made with respect to both spouses and no interest is specified, one-half of
						the joint interest is considered available to each spouse.
(6)
Income from property with no
						instrument
. In the case of income not from a trust in which there is
						no instrument establishing ownership, subject to the requirements in paragraph
						(7), one-half of the income is considered available to the institutionalized
						spouse and one-half to the community spouse.
(7)
Rebutting income
						ownership.
The requirements in paragraphs (4) and (6) are superseded
						to the extent that an institutionalized spouse can establish, by a
						preponderance of evidence, that the ownership interests in income are other
						than as provided under those paragraphs.