reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 177 - RESOURCES › TREATMENT OF RESOURCES › Section 177.25 - Disposition of property

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The disposal of exempt or nonexempt property by its
					 owner, whether or not the owner is an applicant or recipient, may affect the
					 eligibility of the owner's spouse and his minor children when they are living
					 with the owner. Disposal may be accomplished by a transfer of title, sale or
					 exchange of property, by diminishing the value of an interest through the
					 placing of an encumbrance or by adding a person to the title. The proceeds from
					 the sale or exchange of exempt or nonexempt property during the month of
					 application or following authorization of assistance are counted against the
					 resource limits found in §
											177.31 (relating to resource
					 limit).
(b)
Exempt personal
					 property.
The sale or transfer of exempt personal property shall be
					 reported, and the value received is used to determine eligibility under §
					 177.31.
(c)
Real property
					 and nonexempt personal property.
The intended sale or transfer of real
					 property or nonexempt personal property shall be reported prior to the sale or
					 transfer. Even though there may be an acknowledgement of liability for
					 reimbursement, the rights of the Commonwealth may be affected if ownership of
					 the property is transferred. The value received for nonresident real property
					 and nonexempt personal property is used to determine eligibility under §
					 177.31.
(d)
Conversion of
					 excess resources into exempt resources.
Excess resources within a
					 budget month result in ineligibility for assistance for that month even if the
					 excess resources are converted to an exempt type of resource during the same
					 month.
The provisions of this §
													177.25 issued under section 403(b)
						  of the Public Welfare Code (62 P. S. §
														403(b)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 177 - RESOURCES › RESOURCE LIMIT › Section 177.31 - Resource limit

Current through Register Vol. 54, No. 28, July 13, 2024
The resource limit is $1,000 for TANF budget groups and
						GA budget groups of two or more persons. The resource limit is $250 for a GA
						single person budget group. The effect of resources on determining eligibility
						is as follows:
(1)
Resources
					 at or under limit.
If the total equity value of nonexempt personal
					 property and nonresident real property equals or is less than the appropriate
					 limit, the budget group is eligible. If all resources are at or under the
					 resource limit, no acknowledgement of liability is required except for
					 acknowledgement of liability for resident real property.
(2)
Personal property resources over
					 the limit.
If the total equity value of nonexempt personal property
					 exceeds the resource limit, the budget group is ineligible during each calendar
					 month in which the resource total exceeds the limits.
(3)
Nonresident real property
					 resources over the limit.
If the equity value of nonexempt,
					 nonresident real property resources either alone, or when combined with
					 nonexempt personal property which is under the limit, exceeds the resource
					 limit, the budget group is ineligible unless the budget group acknowledges
					 liability and agrees to convert the nonexempt nonresident real property under
					 §
											177.22(b)(3)
					 (relating to real property).
The provisions of this §
													177.31 issued under section 403(b)
						  of the Public Welfare Code (62 P. S. §
														403(b)).
This section cited in 55 Pa. Code §
													177.11 (relating to identification
						  and verification of resources); 55 Pa. Code §
													177.21 (relating to personal
						  property); 55 Pa. Code §
													177.22 (relating to real
						  property); 55 Pa. Code §
													177.24 (relating to determining
						  value of resources); 55 Pa. Code §
													177.25 (relating to disposition of
						  property); 55 Pa. Code §
													257.23 (relating to requirements);
						  and 55 Pa. Code § 257.24 (relating to
						  procedures).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 177 - RESOURCES › RESOURCE LIMIT › Section 177.81 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 55 Pa. Code §
													289.4 (relating to
						  procedures).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 177 - RESOURCES › RESOURCE LIMIT › Section 177.83 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 55 Pa. Code §
													133.83 (relating to requirements);
						  and 55 Pa. Code §
													255.84 (relating to
						  procedures).
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 A - GENERAL PROVISIONS FOR MA RESOURCES COMMON TO ALL CATEGORIES OF MA › GENERAL PROVISIONS FOR MA RESOURCES › Section 178.1 - General policy on MA resources common to all categories of MA

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						applicant/recipient is resource eligible for MA if his total resources
						considered in determining resource eligibility do not exceed the MA resource
						limit in Appendix A for the appropriate MA Program. Revisions to the MA
						Resource limits will be published as a notice in the
Pennsylvania
						Bulletin
, recommended for codification in the
Pennsylvania
						Code
. The MA resource limits are based on the following:
(1) For aged, blind or disabled persons
						requesting NMP-MA, 42 CFR
						435.721 (relating to general requirements)
						requires that the SSI resource limit at
						20 CFR
						416.1205 (relating to limitation on
						resources) be used.
(2) For
						children and their parents requesting NMP-MA,
						42 CFR
						435.711 (relating to general requirements)
						requires that the state's AFDC resource limit at
						45 CFR
						233.20(a)(3)(i)(B) (relating
						to need and amount of assistance) be used.
(3) For individuals requesting NMP-MA who do
						not fall under the Federal categories, the GA resource limits at section
						432.5 of the Public Welfare Code
						(62
						P. S. §
														432.5) are used.
(4) For persons requesting MNO-MA,
						42 CFR
						435.840 and
						435.841 (relating to medically
						needy resource standards: General requirements; and medically needy resource
						standards: Reasonableness) require a reasonable standard approved by the Health
						Care Financing Administration.
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 A - GENERAL PROVISIONS FOR MA RESOURCES COMMON TO ALL CATEGORIES OF MA › GENERAL PROVISIONS FOR MA RESOURCES › Section 178.3 - Resource reporting and verification for all categories of MA

Current through Register Vol. 54, No. 28, July 13, 2024
Verification of ownership, the value of resources and
						  the disposition of resources is required of an applicant/recipient or the
						  person acting on his behalf including, but not limited to, guardians and
						  trustees.
(1) An applicant/recipient
						shall report and provide verification of his resources including information
						about sources of third-party liability.
(2) A person who is applying on behalf of an
						applicant/recipient including a guardian and trustee shall report and provide
						verification of the applicant's/recipient's resources.
(3) An applicant/recipient shall report and
						provide verification, to the best of his ability, of resources of an LRR even
						if the LRR does not live in the household of the applicant/recipient.
(4) Parents and specified relatives shall
						report and provide verification, to the best of their ability, of resources for
						themselves and minor children and LRRs even if the LRR does not live in the
						household.
(5) Stepparents not
						applying for MA but living in the household are not required to report their
						resources when determining eligibility for their stepchildren.
(6) Failure to report resources may result in
						an overpayment of MA if the equity value of the resource would have caused
						ineligibility of the applicant/recipient.
(7) The value of personal property shall be
						verified by documentation appropriate for the type of property. Verification by
						documentation includes, but is not limited to:
(i) A written estimate of the FMV of a motor
						vehicle from a car dealer.
(ii) A
						statement from a representative of a cemetery or memorial garden verifying
						ownership of a burial resource, conditions of resale and value.
(iii) Titles of ownership.
(iv) Written statements from financial
						institutions.
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 A - GENERAL PROVISIONS FOR MA RESOURCES COMMON TO ALL CATEGORIES OF MA › GENERAL PROVISIONS FOR MA RESOURCES › Section 178.3a - Clarification of disclosure requirement on ownership of annuities-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Consistent
						with section 1917(e) of the Social Security Act (42 U.S.C.A. §
													1396p(e)), regarding liens,
						adjustments and recoveries, and transfers of assets, effective for an
						application made on or after March 3, 2007, the Department will require as a
						condition of eligibility for payment for long-term care services that an
						applicant or recipient or spouse of an applicant or recipient disclose any
						interest the applicant or recipient or spouse of the applicant or recipient has
						in an annuity or similar financial instrument.
(b) Consistent with section 1917(e) of the
						Social Security Act, effective for an application made on or after March 3,
						2007, the Department will inform the applicant or recipient or spouse of the
						applicant or recipient that the Department shall be named as the remainder
						beneficiary in the first or second position under an annuity or similar
						financial instrument with a transaction date on or after February 8,
						2006.
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 A - GENERAL PROVISIONS FOR MA RESOURCES COMMON TO ALL CATEGORIES OF MA › GENERAL PROVISIONS FOR MA RESOURCES › Section 178.4 - Treatment of resources for all categories of MA

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Resources which are available to the
						applicant/recipient are applied against the MA resource limit in Appendix A for
						the appropriate MA Program. This includes resources in which the
						applicant/recipient has only a partial ownership interest.
(b) A resource in which the
						applicant/recipient has an equitable interest with the right to use the
						property is considered a resource.
(c) Resources held in a trust established
						prior to July 30, 1994, are considered resources to the applicant/recipient to
						the extent that the trust permits use of those resources for the
						applicant's/recipient's food, clothing, shelter or medical care, regardless of
						whether the trust is in fact used for food, clothing, shelter or medical care.
						Trusts established on or after July 30, 1994, are subject to §
												178.7 (relating to treatment of
						trust amounts for all categories of MA for trusts established on or after July
						30, 1994), except for trusts established by will which continue to be subject
						to this section.
(d) Establishing
						the type of ownership is required to determine the availability and the value
						of the applicant's/recipient's resources.
(e) The following rebuttable presumptions
						apply in determining the availability of both real and personal property
						resources:
(1) If an applicant/recipient is
						the sole owner, the resource is presumed available.
(2) If ownership is shared by persons who are
						applicants/recipients, the resource is presumed available.
(3) If ownership is shared by
						applicants/recipients and a person who is not an applicant/recipient and if the
						applicants/recipients have a separate legal interest which can be disposed of
						without the consent of the other owners, the applicants'/recipients' share of
						the resource is presumed available.
(4) If ownership is shared by
						applicants/recipients and a person who is not an applicant/recipient and the
						applicants/recipients have a legal interest which can be disposed of only with
						the consent of the other owner and consent is not withheld, the
						applicants'/recipients' share of the resource is presumed available.
(5) If consent to dispose of resources is
						needed but withheld by a nonapplicant/nonrecipient, assume that the resource is
						not available. The shared ownership and the nonapplicant's/nonrecipient's
						refusal to dispose of the resource shall be verified. The unavailability of
						resources is verified at application and no less often than at each
						reapplication.
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 A - GENERAL PROVISIONS FOR MA RESOURCES COMMON TO ALL CATEGORIES OF MA › GENERAL PROVISIONS FOR MA RESOURCES › Section 178.6 - Third-party liability for all categories of MA

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant/recipient may have sources
						other than MA that cover the cost of his medical services and care. The
						third-party liability sources which are available to pay for medical services
						and care shall be identified and used to the fullest extent possible before
						payment is made by MA. The Department is the payer of last resort.
(b) Third-party resources include, but are
						not limited to:
(1) Blue Cross and commercial
						hospital insurance.
(2) Health
						insurance benefits-Medicare.
(i) Hospital
						insurance.
(A) Inpatient hospital
						care.
(B) Skilled nursing care
						after hospitalization.
(C) Home
						health benefits after hospitalization.
(ii) Medical insurance.
(3) Other hospital insurance paid to the
						person.
(4) Medical insurance
						included as part of a support agreement.
(5) Civilian Health and Medical Program of
						the Uniformed Services (CHAMPUS).
(6) Workers compensation.
(7) Negligence action or other
						tort.
(8) Institutional care
						contracts. This includes a contract between a person and a facility which gives
						the person the right to receive care at zero or reduced cost at the
						facility.
(9) Payments made toward
						the cost of medical service by an LRR or other person.
(10) LRRs, including spouses and parents of
						unemancipated minor children.
(11)
						Long term care/nursing home care insurance.
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 A - GENERAL PROVISIONS FOR MA RESOURCES COMMON TO ALL CATEGORIES OF MA › GENERAL PROVISIONS FOR MA RESOURCES › Section 178.7 - Treatment of trust amounts for all categories of MA for trusts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Trusts
						established on or after July 30, 1994, except for trusts established by will,
						are subject to this section. Trusts established by will or established prior to
						July 30, 1994, are treated as set forth at §
												178.4(c)
						(relating to treatment of resources for all categories of MA).
(b) A trust is established if the assets of
						the individual were used to form all or part of the corpus of the trust and one
						or more of the following persons establish the trust other than by a will:
(1) The individual.
(2) The spouse of the individual.
(3) A person or a court or administrative
						body with legal authority to act in place of, or on behalf of, the individual
						or the spouse of the individual.
(4) A person or a court or administrative
						body acting at the direction, or upon the request of the individual or the
						spouse of the individual.
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 A - GENERAL PROVISIONS FOR MA RESOURCES COMMON TO ALL CATEGORIES OF MA › CATEGORIES OF MA › Section 178.11 - Categories of NMP-MA

Current through Register Vol. 54, No. 28, July 13, 2024
NMP-MA applicants or recipients shall meet the resource
						  requirements of the category of NMP-MA for which they are eligible. The
						  following explains the different NMP-MA categories:
(1) The PA category designates an NMP person
						who is 65 years of age or older. This category is an SSI-related
						category.
(2) The PJ category
						designates an NMP person who meets the eligibility conditions as a disabled
						person. This category is an SSI-related category.
(3) The PM category designates an NMP person
						who meets the eligibility conditions as a blind person. This category is an
						SSI-related category.
(4) The PC
						category is a TANF-related category and designates an NMP individual who is one
						of the following:
(i) A person under 21 years
						of age, regardless of school attendance, emancipation or marital
						status.
(ii) An individual 21 years
						of age or older and under 65 years of age who meets the requirements of a
						specified relative under §
													151.42 (relating to definitions)
						and is responsible for the care and control of a dependent child. For purposes
						of determining if the individual 21 years of age or older and under 65 years of
						age is a specified relative, a dependent child, including the child who is
						receiving SSI, is a child under 18 years of age or under 19 years of age if the
						child is a full-time student in secondary school or the equivalent level of a
						vocational or technical school and who meets the deprivation of support
						conditions under §
													153.43(a)-(c)
						(relating to TANF deprivation of support or care requirements).
(iii) A pregnant woman 21 years of age or
						older who is a member of a two parent household which does not meet the
						unemployed principal wage earner definition in §
													153.44(d)
						(relating to procedures).
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 A - GENERAL PROVISIONS FOR MA RESOURCES COMMON TO ALL CATEGORIES OF MA › CATEGORIES OF MA › Section 178.12 - Categories of MNO-MA

Current through Register Vol. 54, No. 28, July 13, 2024
MNO-MA applicants or recipients shall meet the resource
						  requirements of the category of MNO-MA for which they are eligible. The
						  following explains the different MNO-MA categories:
(1) The TA category designates an MNO person
						who is 65 years of age or older. This category is an SSI-related
						category.
(2) The TJ category
						designates an MNO person who meets the eligibility conditions as a disabled
						person. This category is an SSI-related category.
(3) The TM category designates an MNO person
						who meets the eligibility conditions as a blind person. This category is an
						SSI-related category.
(4) The TB
						category designates an MNO person who receives a SBP.
(5) The TC category is a TANF-related
						category and designates an MNO individual who is one of the following:
(i) A person under 21 years of age,
						regardless of school attendance, emancipation or marital status.
(ii) An individual 21 years of age or older
						and under 65 years of age who meets the requirements of a specified relative
						under §
													151.42 (relating to definitions)
						and is responsible for the care and control of a dependent child. For purposes
						of determining if the individual 21 years of age or older and under 65 years of
						age is a specified relative, a dependent child, including the child who is
						receiving SSI, is a child under 18 years of age or under 19 years of age if the
						child is a full-time student in secondary school or the equivalent level of a
						vocational or technical school and who meets the deprivation of support
						conditions under §
													153.43(a)-(c) 
						(relating to TANF deprivation of support or care requirements).
(iii) A pregnant woman 21 years of age or
						older who is a member of a two parent household which does not meet the
						unemployed principal wage earner definition in §
													153.44(d)
						(relating to procedures).
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 › ADDITIONAL RESOURCE REQUIREMENTS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.51 - Additional resource requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Nonresident real property which is not
						excluded, or which loses the status of an excluded property and which can be
						converted to cash, is considered available to the applicant/recipient. The
						applicant/recipient shall have a 6-month period in which to make a bona fide
						effort to sell the property. The 6-month period may be extended for an
						additional 3 months if the applicant/recipient can demonstrate good cause for
						not selling the property by the end of the 6-month period.
(b) If an applicant/recipient is a joint
						owner of liquid resources, such as but not limited to, a checking or savings
						account, each owner is considered to own a share proportional to his net
						contribution to the resource. The applicant/recipient shall verify net
						contributions. If there is no evidence of net contributions, each owner is
						presumed to own an equal share.
(c)
						If an applicant/recipient is living with a nonapplicant/nonrecipient spouse or
						other person and property is jointly owned with the nonapplicant/nonrecipient
						spouse or other person, the MA resource limit for the applicant/recipient is
						based on the number of persons who live together and jointly own the
						property.
This section cited in 55 Pa. Code §
														178.121 (relating to
							 general).
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 › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.62 - Real property used as a principal place of residence

Current through Register Vol. 54, No. 28, July 13, 2024
Real property used as the principal place of residence
						  by an applicant/recipient, the spouse, or dependent relatives and land and
						  related outbuildings necessary to the operation of the home, regardless of
						  their value, are excluded as long as the applicant/recipient, the spouse or
						  relatives live in the property.
(1)
						Temporary absences from the home for such things as trips and hospitalizations
						do not affect the exclusion of the home if the applicant/recipient intends to
						return to the home. An absence from the home of at least 6 months may be an
						indication that the home is no longer the principal place of residence of the
						applicant/recipient.
(2) The home
						of an institutionalized applicant/recipient that had been used as his principal
						place of residence before he was institutionalized is excluded as a resource,
						if the institutionalized applicant/recipient states, in writing, that it is his
						intent to return to his home or if the home remains the principal place of
						residence of the institutionalized applicant's/recipient's spouse or dependent
						relative. If the person is incapable of providing the information, statements
						of intent to return are acceptable from a person with authority to act on
						behalf of the institutionalized applicant/recipient.
This section cited in 55 Pa. Code §
														178.63 (relating to real property
							 not excluded as a home); 55 Pa. Code §
														178.91 (relating to deeming of
							 resources); 55 Pa. Code §
														178.121 (relating to general); 55
							 Pa. Code §
														178.122 (relating to determining
							 the spousal share of resources if the institutionalized spouse is not applying
							 for MA); and 55 Pa. Code §
														178.123 (relating to determining
							 the spousal share of resources at the same time the institutionalized spouse
							 applies for MA).
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 › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.62a - Clarification of disqualification for payment of long-term care services due to substantial home equity-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Consistent with section 1917(f) of the
						Social Security Act (42
						U.S.C.A. §
													1396p(f)),
						regarding liens, adjustments and recoveries, and transfers of assets, effective
						for an application made on or after March 3, 2007, an individual with equity
						value in the home in excess of $500,000 is ineligible for payment of long-term
						care services unless one of the following circumstances exist:
(1) The home is the residence of the
						community spouse.
(2) The home is
						the residence of a child who is under 21 years of age or a child who is blind
						or permanently and totally disabled as defined in section 1611(a)(3) of the
						Social Security Act (42
						U.S.C.A. §
														1382c(a)(3)), regarding
						definitions.
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 › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.63 - Real property not excluded as a home

Current through Register Vol. 54, No. 28, July 13, 2024
Real property not excluded as the principal place of
						  residence under §
												178.62 (relating to real property
						  used as a principal place of residence) is considered a resource at its equity
						  value, unless it is excluded as a property used in a trade or business
						  essential to self-support under §
												178.64 (relating to property used
						  in a trade or business essential to self-support), or as a nonbusiness property
						  essential to self-support under §
												178.65 (relating to nonbusiness
						  property essential to self-support).
This section cited in 55 Pa. Code §
														178.91 (relating to deeming of
							 resources); 55 Pa. Code §
														178.121 (relating to general); 55
							 Pa. Code §
														178.122 (relating to determining
							 the spousal share of resources if the institutionalized spouse is not applying
							 for MA); and 55 Pa. Code §
														178.123 (relating to determining
							 the spousal share of resources at the same time the institutionalized spouse
							 applies for MA).
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 › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.64 - Property used in a trade or business essential to self-support

Current through Register Vol. 54, No. 28, July 13, 2024
Property, whether real or personal, used in a trade or
						  business or by the recipient as an employe, which is essential to self-support,
						  regardless of value, is excluded.
This section cited in 55 Pa. Code §
														178.63 (relating to real property
							 not excluded as a home); 55 Pa. Code §
														178.91 (relating to deeming of
							 resources); 55 Pa. Code §
														178.121 (relating to general); 55
							 Pa. Code §
														178.122 (relating to determining
							 the spousal share of resources if the institutionalized spouse is not applying
							 for MA); and 55 Pa. Code §
														178.123 (relating to determining
							 the spousal share of resources at the same time the institutionalized spouse
							 applies for MA).
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 › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.65 - Nonbusiness property essential to self-support

Current through Register Vol. 54, No. 28, July 13, 2024
The following nonbusiness property so essential to the
						  self-support of the applicant/recipient as to warrant its exclusion is
						  excluded:
(1) Property used
						exclusively to produce items for home consumption.
(2) Tools, equipment, uniforms and similar
						items required by the applicant's/recipient's employer.
This section cited in 55 Pa. Code §
														178.63 (relating to real property
							 not excluded as a home); 55 Pa. Code §
														178.91 (relating to deeming of
							 resources); 55 Pa. Code §
														178.121 (relating to general); 55
							 Pa. Code §
														178.122 (relating to determining
							 the spousal share of resources if the institutionalized spouse is not applying
							 for MA); and 55 Pa. Code §
														178.123 (relating to determining
							 the spousal share of resources at the same time the institutionalized spouse
							 applies for MA).
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 › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.66 - Household goods and personal effects

Current through Register Vol. 54, No. 28, July 13, 2024
Household goods and personal effects are excluded.
(1) Household goods include
						furnishings and equipment which are commonly found in, or about, a house and
						are used in connection with the operation, maintenance and occupancy of the
						home. Personal effects include, but are not limited to, clothing, jewelry,
						items of personal care, recreational equipment, musical instruments and hobby
						items.
(2) Also excluded are items
						required because of a person's physical condition, such as, but not limited to,
						prosthetic devices, dialysis machines, motorized wheel chairs, hospital beds
						and similar items regardless of the value.
This section cited in 55 Pa. Code §
														178.91 (relating to deeming of
							 resources); 55 Pa. Code §
														178.121 (relating to general); 55
							 Pa. Code §
														178.122 (relating to determining
							 the spousal share of resources if the institutionalized spouse is not applying
							 for MA); and 55 Pa. Code §
														178.123 (relating to determining
							 the spousal share of resources at the same time the institutionalized spouse
							 applies for MA).
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 › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.67 - Motor vehicle

Current through Register Vol. 54, No. 28, July 13, 2024
Only one motor vehicle for an applicant/recipient or an
						  applicant/recipient and his eligible or ineligible spouse is excluded. Other
						  motor vehicles are counted at their equity value.
This section cited in 55 Pa. Code §
														178.91 (relating to deeming of
							 resources); 55 Pa. Code §
														178.121 (relating to general); 55
							 Pa. Code §
														178.122 (relating to determining
							 the spousal share of resources if the institutionalized spouse is not applying
							 for MA); and 55 Pa. Code §
														178.123 (relating to determining
							 the spousal share of resources at the same time the institutionalized spouse
							 applies for MA).
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 › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.69 - Life insurance policies

Current through Register Vol. 54, No. 28, July 13, 2024
Life insurance owned by the applicant/recipient, up to
						  a maximum face value of $1,500 for each insured person is excluded. If the life
						  insurance of an insured person has a total face value in excess of $1,500, only
						  the cash surrender value in excess of $1,000 shall be considered a resource to
						  the owner.
This section cited in 55 Pa. Code §
														178.70 (relating to term insurance
							 policies); 55 Pa. Code §
														178.73 (relating to revocable
							 burial reserve); 55 Pa. Code §
														178.91 (relating to deeming of
							 resources); 55 Pa. Code §
														178.121 (relating to general); 55
							 Pa. Code §
														178.122 (relating to determining
							 the spousal share of resources if the institutionalized spouse is not applying
							 for MA); and 55 Pa. Code §
														178.123 (relating to determining
							 the spousal share of resources at the same time the institutionalized spouse
							 applies for MA).
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 › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.70 - Term insurance policies

Current through Register Vol. 54, No. 28, July 13, 2024
Term insurance or other life insurance which does not
						  accumulate a cash value is excluded as a resource. The face value of these
						  excluded insurance policies is not considered when the total face value is
						  determined under §
												178.69 (relating to life insurance
						  policies).
This section cited in 55 Pa. Code §
														178.91 (relating to deeming of
							 resources); 55 Pa. Code §
														178.121 (relating to general); 55
							 Pa. Code §
														178.122 (relating to determining
							 the spousal share of resources if the institutionalized spouse is not applying
							 for MA); and 55 Pa. Code §
														178.123 (relating to determining
							 the spousal share of resources at the same time the institutionalized spouse
							 applies for MA).
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 › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.71 - Burial spaces

Current through Register Vol. 54, No. 28, July 13, 2024
Burial spaces, as defined in §
												178.2 (relating to definitions),
						  for the applicant/recipient and his immediate family are excluded. The
						  immediate family consists of the spouse and the minor and adult children,
						  including adopted and stepchildren of the applicant/recipient, the
						  applicant's/recipient's brothers, sisters, parents and adoptive parents, and
						  the spouses of these persons.
This section cited in 55 Pa. Code §
														178.91 (relating to deeming of
							 resources); 55 Pa. Code §
														178.121 (relating to general); 55
							 Pa. Code §
														178.122 (relating to determining
							 the spousal share of resources if the institutionalized spouse is not applying
							 for MA); and 55 Pa. Code §
														178.123 (relating to determining
							 the spousal share of resources at the same time the institutionalized spouse
							 applies for MA).
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 › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.72 - Irrevocable burial reserve

Current through Register Vol. 54, No. 28, July 13, 2024
An irrevocable burial reserve is considered under
						  §
												178.5 (relating to treatment of
						  irrevocable burial reserves for all categories of MA).
This section cited in 55 Pa. Code §
														178.91 (relating to deeming of
							 resources); 55 Pa. Code §
														178.121 (relating to general); 55
							 Pa. Code §
														178.122 (relating to determining
							 the spousal share of resources if the institutionalized spouse is not applying
							 for MA); and 55 Pa. Code §
														178.123 (relating to determining
							 the spousal share of resources at the same time the institutionalized spouse
							 applies for MA).
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 › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.73 - Revocable burial reserve

Current through Register Vol. 54, No. 28, July 13, 2024
Revocable burial reserves are considered as follows:
(1) Up to $1,500 in a revocable
						reserve for each applicant/recipient is excluded subject to the limitation in
						paragraph (2).
(2) The maximum
						exclusion of $1,500 is reduced by the total of one of the following:
(i) The face value of life insurance which
						accumulates cash value if the total face value does not exceed
						$1,500.
(ii) The cash value of life
						insurance excluded under §
													178.69 (relating to life insurance
						policies) if the face value exceeds $1,500, and the value of the irrevocable
						burial reserve.
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 › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.74 - Disaster relief assistance

Current through Register Vol. 54, No. 28, July 13, 2024
Disaster relief assistance and interest earned on the
						  assistance which is received as a result of a major disaster under the Disaster
						  Relief Act of 1974 (42
						  U.S.C.A. §§
													5121-5202),
						  or other assistance provided under a Federal statute because of a catastrophe
						  which is declared to be a major disaster by the President of the United States,
						  is excluded for a period beginning on the date the assistance is received and
						  ending on the last day of the 9th full month following the month the cash was
						  received.
(1) The initial 9-month
						period is extended for a reasonable period, up to an additional 9 months, when
						it is found that the applicant/recipient has good cause for not making the
						repairs, replacements or contracting for the repairs or replacement.
(2) An applicant/recipient is found to have
						good cause when circumstances beyond his control prevented the repair or
						replacement of a home or other kinds of property within the initial 9-month
						period.
(3) Cash and interest on
						the cash not used to repair or replace property destroyed in a disaster is
						considered a countable resource effective with the month following the
						expiration of the initial 9-month period or an approved extension of that
						initial period.
This section cited in 55 Pa. Code §
														178.91 (relating to deeming of
							 resources); 55 Pa. Code §
														178.121 (relating to general); 55
							 Pa. Code §
														178.122 (relating to determining
							 the spousal share of resources if the institutionalized spouse is not applying
							 for MA); and 55 Pa. Code §
														178.123 (relating to determining
							 the spousal share of resources at the same time the institutionalized spouse
							 applies for MA).
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 › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.75 - Replacement assistance

Current through Register Vol. 54, No. 28, July 13, 2024
Assistance to replace an excluded resource that is
						  lost, damaged or stolen is excluded.
(1) In-kind replacement received for the
						purpose of repairing or replacing an excluded resource is excluded.
(2) Cash and interest earned on the cash
						received for the purpose of repairing or replacing an excluded resource is
						excluded for the 9 calendar months after the date the assistance is received.
(i) Cash or interest on the cash not used to
						repair or replace the excluded resource is considered a countable resource
						effective with the month following the expiration of the 9-month period or
						approved extension of the initial 9-month period.
(ii) The initial 9-month time period is
						extended for a reasonable period up to an additional 9 months when it is found
						that the applicant/recipient had good cause for not replacing or repairing the
						resource or contracting for the repairs or replacement. An applicant/recipient
						is found to have good cause when circumstances beyond his control prevented the
						repair, replacement, contracting for the repair or replacement of the resource.
						Unused cash and interest on the cash is considered as a resource effective with
						the month following the month in which the good cause extension period ends.
(iii) If an extension is made
						under the good cause provisions and the applicant/recipient changes his intent
						to repair or replace the excluded resource, funds previously held for
						replacement or repair are considered as a resource effective with the month in
						which the applicant/recipient reports the change of intent.
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 › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.76 - Retroactive payment under SSI and Title II of the Social Security Act

Current through Register Vol. 54, No. 28, July 13, 2024
Retroactive payments under SSI and Title II of the
						  Social Security Act (42
						  U.S.C.A. §§
													401-433) are
						  excluded for 6 months after the month in which the retroactive payment is
						  received. Any amount which remains after the sixth month is considered a
						  resource. This exclusion does not apply to items purchased with the money even
						  if the 6 month period has not expired.
This section cited in 55 Pa. Code §
														178.91 (relating to deeming of
							 resources); 55 Pa. Code §
														178.121 (relating to general); 55
							 Pa. Code §
														178.122 (relating to determining
							 the spousal share of resources if the institutionalized spouse is not applying
							 for MA); and 55 Pa. Code §
														178.123 (relating to determining
							 the spousal share of resources at the same time the institutionalized spouse
							 applies for MA).
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 › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.77 - Proceeds from the sale of an excluded resident home

Current through Register Vol. 54, No. 28, July 13, 2024
The proceeds from the sale of an excluded resident home
						  which are used, or obligated, to purchase another excluded home and to pay the
						  costs incidental to occupying the new residence are excluded. Incidental costs
						  include, but are not limited to, moving expenses.
(1) The proceeds are the net payments
						received by the seller after satisfaction of encumbrances and sales
						expenses.
(2) This exclusion does
						not apply to that portion of the net proceeds of the sale of the original home
						that is in excess of the costs of the purchase, move to, and occupancy of the
						new home.
(3) Interest earned on
						the proceeds is treated as income under Chapter 181 (relating to income
						provisions for NMP-MA and MNO-MA).
(4) Mortgage payments made on the new home
						for any period after occupancy are not considered a purchase and occupancy cost
						for purposes of this exclusion.
(5)
						The purchase of the new excluded home shall be made within 3 months. The 3
						month replacement period begins on one of the following schedules:
(i) On the date MA eligibility begins for the
						person who received the proceeds before applying for MA.
(ii) On the date of receipt of the proceeds
						for the person who receives the proceeds while an MA recipient.