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 B - AGED, BLIND AND DISABLED CATEGORIES › TYPES OF UNEARNED INCOME COUNTED FOR THE AGED, BLIND AND DISABLED CATEGORIES › Section 181.110 - Income deemed available from the spouse

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Income that is considered available to an
						applicant/recipient from his spouse who lives in the same household and who is
						not receiving, or applying for, MA is counted as unearned income.
(b) Income is not deemed available if the
						spouses are living separate and apart, including when one spouse is
						institutionalized. Income deeming stops for any month including partial months
						when one spouse becomes an institutionalized spouse as defined in §
												181.2 (relating to definitions).
						Income deeming stops the first full month after the month of separation,
						institutionalization, other than that defined for an institutionalized spouse,
						or death of a spouse, even if only 1 day has elapsed since the separation
						began, unless the separation is temporary. Deeming continues during a temporary
						separation. A temporary separation, for purposes of deeming, occurs when either
						spouse leaves the household but intends to, and does, return to the household
						in the same month or the month immediately following.
(c) The following types and amounts of income
						of the spouse are not counted when determining deemed income for the
						applicant/recipient and shall be excluded in the order listed:
(1) Income identified in §
													181.121 (relating to income exempt
						by Federal statutes).
(2) A cash
						assistance payment received by the spouse and income which was counted or
						excluded in determining the amount of the cash assistance payment for the
						spouse.
(3) Income of the spouse
						that was counted in determining the amount of a cash assistance payment for
						another person.
(4) The amount of a
						grant, scholarship or fellowship used to pay tuition or fees.
(5) Money received for providing foster care
						to a child who was placed in the spouse's home by a public or private nonprofit
						child placement or child care agency.
(6) The value of food stamps and the value of
						United States Department of Agriculture donated foods.
(7) The value of food produced by the spouse
						which is used by him and his household for their own personal consumption and
						not for sale.
(8) Tax refunds on
						income, real property or food purchased.
(9) The amount of income used to comply with
						the terms of a court-ordered support payment or support payments enforced under
						Title IV-D of the Social Security Act (42 U.S.C.A. §§
														651-667).
(10) Periodic payments made by a state under
						a program established before July 1, 1973, and based solely on length of
						residence and attainment of 65 years of age.
(11) Income identified in §§
													181.122 and
						181.123(4)-(7)
						(relating to earned income exclusion; and unearned income
						exclusions).
(12) Income paid under
						a Federal, State or local government program to provide the spouse with chore,
						attendant or homemaker services.
(13) Certain support and maintenance
						assistance benefits furnished in-kind 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). HEA benefits may include, but are not limited to, payments
						for heating or cooling, storm doors, weatherization services and blankets. HEA
						benefits do not include food or clothing.