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 183 - INCOME › VERIFICATION › Section 183.5 - Income verification

Current through Register Vol. 54, No. 28, July 13, 2024
The applicant or recipient is required, as a condition of
						eligibility, to cooperate in providing necessary information and verification
						regarding the income and expenses of the budget group. Verification is required
						for earned and unearned income and for allowable deductions, such as work and
						personal expenses, of each member of the budget group whenever financial
						eligibility is determined. Verification consists of documentation specified by
						the Department and includes, but is not limited to, paystubs, pay envelopes, a
						written statement by the employer or other documentary proof of the
						individual's business income and work and personal expenses, award letters and
						copies of benefit checks. An applicant or recipient may not be denied
						assistance for lack of verification if the applicant or recipient has
						cooperated in the verification attempt under §§
											125.21 and
						133.23 (relating to policy; and
						requirements).
The provisions of this §
													183.5 issued under section 403(b)
						  of the Public Welfare Code (62 P. S. §
														403(b)).
This section cited in 55 Pa. Code §
													108.7 (relating to requirements
						  subject to waiver).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › INCOME › Section 183.11 - Budget group income

Current through Register Vol. 54, No. 28, July 13, 2024
Gross income whether earned or unearned is taken into
						account when determining eligibility of the budget group and the amount of the
						monthly assistance payment as specified by the requirements of this chapter.
The provisions of this §
													183.11 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 183 - INCOME › INCOME › Section 183.12 - Prospective eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
Eligibility for assistance for payment months is
						determined prospectively by using the best estimate of income and circumstances
						of the budget group during the calendar month in which the assistance payment
						is made. If the budget group is determined to be ineligible, no assistance
						payment is made for the payment month.
The provisions of this §
													183.12 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 183 - INCOME › INCOME › Section 183.13 - Potential sources

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 applicant/recipient shall cooperate in determining if there are potential
					 sources of income that can be made available, such as benefits under RSDI, RR,
					 Unemployment Compensation, Workers Compensation, State or county retirement and
					 disability plans.
(b) A recipient
					 of TANF, Extended TANF or GA who fails, without good cause, to cooperate in
					 establishing and maintaining eligibility for SSI, RSDI, TANF, Extended TANF or
					 other Federal programs is ineligible for cash assistance until the recipient
					 complies. For Extended TANF and GA, if the recipient has received 60 months of
					 TANF, the recipient's family is also ineligible until the recipient
					 complies.
(c) An applicant for
					 TANF, Extended TANF or GA who fails, without good cause, to cooperate in
					 establishing eligibility for Federal programs is ineligible for cash assistance
					 as follows:
(1) For TANF or Extended TANF, the
					 applicant is ineligible until the applicant complies.
(2) For GA, the applicant is ineligible for a
					 minimum of 60 days and thereafter, until the applicant complies.
(3) For Extended TANF, the applicant and the
					 applicant's family are also ineligible until the applicant complies.
(4) For GA, if the applicant has received 60
					 months of TANF, the applicant and the applicant's family are ineligible for a
					 minimum of 60 days and thereafter until the applicant complies.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › EARNED INCOME › Section 183.21 - Gross earned income

Current through Register Vol. 54, No. 28, July 13, 2024
Gross earned income from wages, tips, salary, commissions
						and bonuses from employment is counted.
The provisions of this §
													183.21 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 183 - INCOME › EARNED INCOME › Section 183.22 - Profit from self-employment

Current through Register Vol. 54, No. 28, July 13, 2024
Profit from self-employment, determined under §
											183.65(a)
						(relating to profit), is counted. Self-employment includes, but is not limited
						to, operating a business or farm, practicing a profession, providing day care
						for children, renting nonresident real property, renting rooms or apartments
						contained in the resident property and providing board.
The provisions of this §
													183.22 amended 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 183 - INCOME › EARNED INCOME › Section 183.24 - Earned Income Tax Credit (EITC)

Current through Register Vol. 54, No. 28, July 13, 2024
Advance or year-end EITC payments are not counted when
						determining eligibility or the amount of this assistance payment.
The provisions of this §
													183.24 amended 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 183 - INCOME › EARNED INCOME › Section 183.25 - Lump sum payments

Current through Register Vol. 54, No. 28, July 13, 2024
A lump sum payment of nonrecurring earned income, such as
						delayed wages, is counted.
The provisions of this §
													183.25 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 183 - INCOME › UNEARNED INCOME › Section 183.31 - Benefits, dividends and interest

Current through Register Vol. 54, No. 28, July 13, 2024
Benefits, dividends and interest are counted, including
						RSDI-including Part B Medicare premiums-Veteran's Administration benefits,
						Unemployment Compensation, other pensions and the like.
The provisions of this §
													183.31 issued under section 403(b)
						  of the Public Welfare Code (62 P. S. §
														403(b)).
This section cited in 55 Pa. Code §
													147.41a (relating to receipt of
						  cash assistance-statement of policy); and 55 Pa. Code §
													183.31a (relating to benefits
						  received from outside this Commonwealth-statement of
						  policy).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › UNEARNED INCOME › Section 183.31a - Benefits received from outside this Commonwealth- statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
Section
						183.31 (relating to benefits,
						dividends and interest) specifies that benefits, dividends and interest are
						types of unearned income counted in the computation of assistance grants. This
						section further clarifies that benefits actually received from another state,
						Puerto Rico or the Virgin Islands shall be counted in the same way that any
						other unearned income is counted at the time of application. Benefits paid but
						not actually received by the person will not be considered in computing the
						grant.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › UNEARNED INCOME › Section 183.33 - Contributions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A cash
					 contribution by an LRR is support as defined in §
											183.32 (relating to
					 support).
(b) A cash contribution
					 by an individual other than an LRR is counted and adjusted as unearned income
					 unless exempt under §
											183.81(13)
					 (relating to income exemptions).
The provisions of this §
													183.33 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 183 - INCOME › UNEARNED INCOME › Section 183.34 - Income of a child

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
					 income covers more than one child, each child covered is considered to have an
					 equal share unless the payer or the court order specifies otherwise.
(b) If the child's income is from voluntary
					 or court-ordered support, the support is collected by the Department and is not
					 adjusted as income after the initial budget month, unless the
					 caretaker/relative has been sanctioned for failure to remit direct support
					 payments as provided under §
											183.32 (relating to
					 support).
(c) If the child who was
					 voluntarily added to the budget group is subsequently removed from the budget
					 group, a refund of his income collected or adjusted against the monthly
					 assistance payment may not be claimed retroactive to the time that the child
					 was placed in the budget group. The child is removed from the budget group as
					 provided under §
											183.104(a) 
					 (relating to deletions from the budget group).
(d) Income of a child is not counted in
					 determining need and the amount of the monthly assistance payment if the income
					 is one of the following:
(1) Exempt under
					 §
												183.81 (relating to income
					 exemptions).
(2) Retirement,
					 Survivor's and Disability Insurance (RSDI) benefits paid to a representative
					 payee who does not live in the same household as the child and which the
					 representative payee does not actually make available for the support of the
					 child.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › UNEARNED INCOME › Section 183.35 - Income deemed available from an LRR, parent or legal guardian of a TANF minor parent or stepparent

Current through Register Vol. 54, No. 28, July 13, 2024
Income deemed available from an LRR, parent of an TANF
						minor parent or stepparent, who is living with the applicant or recipient and
						is not receiving TANF, GA, SBP or SSI is counted as follows:
(1) Income of an LRR is deemed available to
					 his spouse and children living in the same household as the LRR and the amount
					 deemed available is determined under §§
											183.91 and
					 183.92 (relating to LRR, parent of
					 a TANF minor parent and stepparent deductions; and LRR residing elsewhere-GA).
(i) For TANF, the applicant or recipient is
					 considered to be living with the spouse, parent or unemancipated minor child if
					 the applicant or recipient and the relative occupy a common dwelling unit,
					 unless the spouse or parent is found to be continuously absent as defined in
					 Chapter 153 (relating to deprivation of support or care).
(ii) For GA, the applicant or recipient is
					 considered to be living with the spouse, parent or unemancipated minor child if
					 the applicant or recipient and the relative occupy a common dwelling unit. If
					 the spouse or parent is residing elsewhere solely for purposes of employment or
					 training, the relative is regarded to be living with the applicant or recipient
					 for income purposes and income deemed available is determined by deducting the
					 allowable deductions in § 183.92.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › UNEARNED INCOME › Section 183.36 - Income deemed available from a sponsor

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
If the sponsor is an
					 individual.
For a period of 3 years following an alien's entry into
					 the United States, income is deemed available from the sponsor and the
					 sponsor's spouse if the following conditions are met:
(1) The sponsor and the sponsor's spouse live
					 together and do not receive TANF, GA, SBP or SSI.
(2) The sponsor signed an affidavit of
					 support or a similar agreement on behalf of the alien as a condition of the
					 alien's entry into the United States.
(3) The alien filed an application for TANF
					 or GA for the first time after September 30, 1981.
(4) The alien has resided in the United
					 States for purposes of permanent residency less than 3 years.
(5) The alien is not a dependent child,
					 stepchild or a spouse of the sponsor.
(6) The alien's admission to the United
					 States is not as a result of the application of the following provisions of the
					 Immigration and Nationality Act:
(i) Section
					 207(c), effective March 31, 1980-Aliens Admitted as Refugees (8 U.S.C.A. §
														1157(c)).
(ii) Section 203(a)(7), effective prior to
					 April 1, 1980-Aliens Admitted as Conditional Entrant Refugees (8 U.S.C.A. §
														1153(a)(7)).
(iii) Section 208-Aliens Granted Political
					 Asylum by the Attorney General (8 U.S.C.A. §
														1158(a)(5)).
(iv) Section 212(d)(5)-Aliens Granted
					 Temporary Parole Status by the Attorney General (8 U.S.C.A. §
														1182(d)(5)).
(7) The alien's admission to the United
					 States is not as a result of the application of section 501(e) of the Refugee
					 Education Assistance Act of 1980 (8 U.S.C.A. §
													1522
					 note), relating to Cuban and Haitian entrants.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › UNEARNED INCOME › Section 183.37 - Lump sum payments

Current through Register Vol. 54, No. 28, July 13, 2024
Nonrecurring unearned lump sum payments, including, but
						not limited to, cash prizes, cash lottery winnings, life insurance benefits,
						cash inheritances, personal injury and other damage awards and settlements, and
						retroactive benefits such as RSDI, delayed Unemployment Compensation and
						Workers Compensation are counted.
The provisions of this §
													183.37 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 183 - INCOME › UNEARNED INCOME › Section 183.39 - Rental property income

Current through Register Vol. 54, No. 28, July 13, 2024
Income from rental property owned by a client but handled
						by a rental agency is counted as unearned income if the client has no specific
						responsibility for management of the property or the capital investment.
The provisions of this §
													183.39 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 183 - INCOME › UNEARNED INCOME › Section 183.43 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 55 Pa. Code §
													183.901 (relating to putative
						  father/voluntary child support-statement of
						  policy).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › UNEARNED INCOME › Section 183.44 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 55 Pa. Code §
													183.901 (relating to putative
						  father/voluntary child support-statement of policy); and 55 Pa. Code §
													257.23 (relating to
						  requirements).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › DELAYED AND RESTRICTED INCOME › Section 183.51 - Delayed potential income

Current through Register Vol. 54, No. 28, July 13, 2024
Income such as RSDI, Unemployment Compensation, delayed
						wages and the like, which an individual can apply for or which is owed to him
						is not counted and does not affect eligibility if the individual does the
						following:
(1) Acknowledges liability
					 for reimbursement of assistance from income which covers the same time period
					 as assistance received.
(2)
					 Verifies that an attempt to secure the delayed or owed income has been
					 made.
The provisions of this §
													183.51 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 183 - INCOME › DELAYED AND RESTRICTED INCOME › Section 183.52 - Nonservice connected veterans benefits

Current through Register Vol. 54, No. 28, July 13, 2024
The amount of increased nonservice connected veterans
						benefits available under the Veterans Pension Act of 1959 (38 U.S.C.A. §§
												521-525) is not deemed or counted. The
						person does not have to apply for the increase if the person qualified for
						veterans benefits on June 30, 1960 and elected not to receive the increase in
						benefits provided under the Veterans Pension Act of 1959.
The provisions of this §
													183.52 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 183 - INCOME › DELAYED AND RESTRICTED INCOME › Section 183.53 - Income of an SSI recipient

Current through Register Vol. 54, No. 28, July 13, 2024
The income of an SSI recipient is not considered
						available to meet the needs of an applicant or recipient except those payments
						made to the applicant or recipient for goods, services and room and board. The
						individual receiving SSI is not included in a budget group.
The provisions of this §
													183.53 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 183 - INCOME › DELAYED AND RESTRICTED INCOME › Section 183.54 - Income of a child

Current through Register Vol. 54, No. 28, July 13, 2024
If a natural or adopted child under 21 years of age, not
						included in the budget group, has income that is paid on his behalf to another
						individual, the income is restricted to the use of the child. The income is not
						counted in determining the financial eligibility of the budget group unless the
						child is an LRR to another individual in the budget group. Examples of the
						income include RSDI, veteran's benefits, court-ordered support payments,
						allotments, benefits, awards, trust fund payments, voluntary support payments
						from a parent and the like.
The provisions of this §
													183.54 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 183 - INCOME › DETERMINING MONTHLY INCOME AMOUNTS › Section 183.61 - Actual income and expenses

Current through Register Vol. 54, No. 28, July 13, 2024
The actual income and expense amounts reported and
						verified as received or paid in the budget month are considered when
						retrospectively budgeting the amount of the monthly assistance payment.
The provisions of this §
													183.61 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 183 - INCOME › DETERMINING MONTHLY INCOME AMOUNTS › Section 183.62 - Anticipated income and expenses

Current through Register Vol. 54, No. 28, July 13, 2024
The amounts of income and expenses anticipated to be
						received or incurred are considered when prospectively determining eligibility
						and prospectively budgeting the amount of the monthly assistance payment.
The provisions of this §
													183.62 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 183 - INCOME › DETERMINING MONTHLY INCOME AMOUNTS › Section 183.63 - Contractual or intermittent income

Current through Register Vol. 54, No. 28, July 13, 2024
Contractual income under a contract of employment or
						intermittent income such as certain interest, dividend and royalty payments is
						considered under §
											183.64 (relating to income
						averaging).
The provisions of this §
													183.63 amended 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 183 - INCOME › DETERMINING MONTHLY INCOME AMOUNTS › Section 183.64 - Income averaging

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Income
					 of an individual under a contract of employment is prorated over the period of
					 the contract if the contract provides for the payment of income in fewer months
					 than the number of months covered by the contract.
(b) If the amount payable under the contract
					 changes during the period over which the income has been averaged, income
					 averaging is reassessed.
(c)
					 Intermittent income which is received on a quarterly, semi-annual, or yearly
					 basis is prorated by the period covered by the income and adjusted over that
					 period beginning with the month of receipt.
This section cited in 55 Pa. Code §
													125.74 (relating to procedures);
						  55 Pa. Code §
													145.64 (relating to procedures);
						  55 Pa. Code §
													183.63 (relating to contractual or
						  intermittent income); 55 Pa. Code §
													183.901 (relating to putative
						  father/voluntary child support-statement of policy); and 55 Pa. Code §
													187.74 (relating to
						  procedures).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › DETERMINING MONTHLY INCOME AMOUNTS › Section 183.65 - Profit

Current through Register Vol. 54, No. 28, July 13, 2024
Profit is determined using one of the following methods:
(1) From self-employment gross
					 receipts, deduct the verified costs to the client of producing or continuing
					 the income. Depreciation, personal business and entertainment expenses,
					 personal transportation, purchase of capital equipment and payments on the
					 principal of loans for capital assets or durable goods, are not included in the
					 deductions.
(2) The following
					 amounts are deducted from the gross receipts to determine profit:
(i) From total room and apartment rent, $10
					 plus an amount equal to 50% of the remainder.
(ii) From board payments, the maximum food
					 stamp coupon allotment for the household size based upon the total number of
					 boarders.
(iii) From room and board
					 payments, 40% of the total gross payment added to the maximum food stamp coupon
					 allotment for the household size equal to the total number of room and
					 boarders.
(iv) If there are
					 roomers, boarders and room and boarders, deduct the following amounts from the
					 gross receipts and add the results to determine the profit:
(A) From total room and apartment rent, $10
					 plus an amount equal to 50% of the remainder.
(B) From room and board payments, 40% of the
					 total gross payment.
(C) From board
					 payments and the balance of the room and board payments after the deduction in
					 clause (B), the maximum food stamp coupon allotment for the household size
					 based upon the total number of boarders and room and boarders.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › INCOME EXEMPTIONS › Section 183.81 - Income exemptions

Current through Register Vol. 54, No. 28, July 13, 2024
The following income is not considered in determining the
						amount of the monthly assistance payment:
(1)
TANF child.
For TANF,
					 the gross earnings of a child, if one of the following conditions is met:
(i) The child is qualified by age and
					 dependency status as an TANF child and is a student under one of the following:
(A) A full-time student under Chapter 145
					 (relating to age).
(B) A part-time
					 student who is also employed part-time. The employment status of the student;
					 that is, whether he is employed full or part-time, is determined during that
					 period when school is in session. Full-time employment during school vacation
					 does not affect the status of the student as a part-time employee as long as it
					 is reasonably expected that the child will return to school.
(C) A participant in the Job Corps Program
					 under the Job Training Partnership Act of 1982 (29 U.S.C.A. §§
														1501-1781).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › INCOME DEDUCTIONS › Section 183.91 - LRR, parent of a TANF minor parent and stepparent deductions

Current through Register Vol. 54, No. 28, July 13, 2024
The following deductions are taken from the verified
						gross income of an LRR, parent of a TANF minor parent, and stepparent, living
						with the applicant or recipient, to determine the income deemed available to a
						budget group.
(1) From earned income,
					 deduct work and personal expenses as follows:
(i) For TANF-related cases, the first $90 of
					 earned income from full-time or part-time employment.
(ii) For GA-related cases, up to $25 of
					 earned income from full-time or part-time employment.
(iii) If a budget group fails, without good
					 cause, to make a timely report of the budget month income as specified in
					 Chapters 125 and 142 (relating to application process; and monthly reporting),
					 the LRR, parent of a TANF minor parent, and stepparent are not eligible for the
					 earned income deductions specified in this paragraph for that budget
					 month.
(iv) An LRR who is under an
					 employment sanction or support sanction under Chapter 165 or 187 (relating to
					 road to economic self-sufficiency through employment and training (RESET)
					 program; and support from relatives not living with the client) is ineligible
					 for the earned income deductions specified in this paragraph for the budget
					 month corresponding to the payment month of sanction.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › INCOME DEDUCTIONS › Section 183.92 - LRR residing elsewhere-GA

Current through Register Vol. 54, No. 28, July 13, 2024
For GA only, if the LRR is residing elsewhere solely for
						purposes of employment or training and is not included in the budget group,
						monthly deductions from the LRR's verified gross income are:
(1) A maximum work and personal expense
					 deduction of up to $25 from earned income.
(2) The expenses he has to pay to be eligible
					 for, or to receive, the unearned income.
(3) Reasonable expenses the LRR incurs living
					 away from home for rent, utilities and food if they are not provided for by the
					 employer or training program.
The provisions of this §
													183.92 issued under section 403(b)
						  of the Public Welfare Code (62 P. S. §
														403(b)).
This section cited in 55 Pa. Code §
													133.23 (relating to requirements);
						  55 Pa. Code §
													183.35 (relating to income deemed
						  available from an LRR, parent of a TANF minor parent or stepparent); and 55 Pa.
						  Code §
													183.105 (relating to increases in
						  income).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › INCOME DEDUCTIONS › Section 183.93 - Sponsor deductions

Current through Register Vol. 54, No. 28, July 13, 2024
The following deductions are allowed from the verified
						gross income of an individual sponsor and the sponsor's spouse, if living
						together and if not included in the budget group. The alien is required to
						provide a copy of the affidavit of support signed by the sponsor. The alien and
						sponsor are jointly or severally liable for an overpayment of assistance made
						to the alien and action will be initiated, if indicated, under Chapter 255
						(relating to restitution).
(1) Deduct
					 20%, up to a maximum of $175, from the total monthly gross earned income of the
					 sponsor and the sponsor's spouse.
(2) Deduct the verified expenses the sponsor
					 or spouse incurred to obtain unearned income.
(3) Deduct an amount equal to the standard of
					 need-Appendix B, Table 1 (relating to standard of need)-for a family group
					 composed of the sponsor and those dependents in his household who are or could
					 be claimed by the sponsor in determining Federal income tax liability, but who
					 are not included in the TANF or GA budget group.
(4) Deduct amounts verified as actually paid
					 by the sponsor or the sponsor's spouse to persons not living in the household
					 who are or could be claimed by them as dependents for their Federal personal
					 income tax.
(5) Deduct verified
					 payments of alimony or child support to individuals not living in the
					 household.
(6) If the income of the
					 sponsor or the sponsor's spouse is deemed available to two or more aliens, the
					 income is divided equally among the aliens.
(7) If the amount deemed available for the
					 alien exceeds the alien's family size allowance or the alien's share of the
					 budget group's family size allowance, the alien is ineligible.
(8) Income deemed available which exceeds the
					 alien's family size allowance is not considered as income available to
					 unsponsored members of the alien's family unless the sponsor agrees to
					 contribute the excess income to the unsponsored family members. The total
					 amount of the contribution is considered as unearned income to the budget
					 group.
The provisions of this §
													183.93 issued under section 403(b)
						  of the Public Welfare Code (62 P. S. §
														403(b)).
This section cited in 55 Pa. Code §
													133.23 (relating to requirements);
						  55 Pa. Code §
													183.98 (relating to unearned
						  income and lump sum income deductions); and 55 Pa. Code §
													183.105 (relating to increases in
						  income).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › INCOME DEDUCTIONS › Section 183.94 - Eligibility for TANF earned income deductions

Current through Register Vol. 54, No. 28, July 13, 2024
Subject to the limitations in §
											183.97 (relating to ineligibility
						for disregards from earned income for TANF and GA), the earned income of each
						employed individual in the TANF budget group is treated as follows:
(1) An applicant who has been a recipient of
					 TANF in 1 of the 4 calendar months before this application is eligible to
					 receive a continuous 50% disregard from gross earned income.
(2) The applicant who has not been a
					 recipient of TANF in 1 of the 4 calendar months before this application is
					 eligible to receive a continuous 50% disregard if the applicant's income after
					 application of the following deductions is less than the standard of need for
					 the budget group as specified in Appendix B, Table 1 (relating to standard of
					 need).
(i) The first $90 per month from gross
					 earned income.
(ii) Personal
					 expenses subject to the limitations of paragraph (3).
(iii) Unearned income and lump sum income
					 deductions as specified in §
												183.98 (relating to unearned
					 income and lump sum income deductions).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › INCOME DEDUCTIONS › Section 183.95 - GA earned income deductions

Current through Register Vol. 54, No. 28, July 13, 2024
For the expenses related to employment of each individual
						in the GA budget group, disregard in the following order:
(1)
Earned income incentive
					 deduction.
As an incentive to eligible GA individuals to obtain and
					 retain employment, earned income incentive deductions, subject to the
					 limitations in §§
											183.96 and
					 183.97 (relating to reserved; and
					 ineligibility for disregards from earned income for TANF and GA) are made as
					 follows:
(i) For each employed client, the
					 first $20 plus 50% of the next $60 is deducted from the gross earned income for
					 4 consecutive calendar months.
(ii)
					 An applicant who has been a recipient of GA in 1 of the 4 calendar months prior
					 to this application is eligible to receive the earned income incentive for 4
					 consecutive calendar months subject to the limitations in subparagraph
					 (iv).
(iii) An applicant who has
					 not been a GA recipient in 1 of the 4 calendar months prior to this application
					 is eligible to receive the earned income incentive deduction for 4 consecutive
					 calendar months only if the applicant's income, after deductions in paragraph
					 (2) and §
												183.98 (relating to unearned
					 income and lump sum income deductions), is less than the standard of need for
					 the budget group, and subject to the limitations in subparagraph
					 (iv).
(iv) An applicant or
					 recipient who has received the GA earned income incentive deduction for 4
					 consecutive calendar months is not eligible to receive the GA deduction again
					 until he has not received a GA cash grant for 12 consecutive
					 months.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › INCOME DEDUCTIONS › Section 183.96 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 55 Pa. Code §
													183.95 (relating to GA earned
						  income deductions).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › INCOME DEDUCTIONS › Section 183.97 - Ineligibility for disregards from earned income for TANF and GA

Current through Register Vol. 54, No. 28, July 13, 2024
The deductions in §§
											183.94 and
						183.95 (relating to eligibility
						for TANF earned income deductions; and GA earned income deductions) do not
						apply to the budget month income considered for the corresponding payment month
						for an applicant or recipient to whom one of the following conditions
						applies:
(1) Within the 30-day period
					 preceding the budget month, the applicant or recipient terminated employment or
					 reduced his earned income without good cause as defined in Chapter 165
					 (relating to road to economic self-sufficiency through employment and training
					 (RESET) program).
(2) Within the
					 30-day period preceding the budget month, the applicant or recipient refused
					 without good cause, to accept employment in which he was able to engage which
					 was offered through the JS, through the CAO or by an employer whose offer is
					 determined by JS or the CAO to be a bona fide offer and thereby incurs an
					 employment sanction. Ineligibility for the deductions will apply to the budget
					 months corresponding to the payment months of the sanction period even if the
					 disqualifying action has been corrected.
(3) He failed, without good cause, to make a
					 timely report of the budget month income as specified in Chapters 125 and 142
					 (relating to application process; and monthly reporting). Good cause includes,
					 but is not limited to, the following situations: serious illness, accident,
					 death, physical or mental handicap, illiteracy, language problems or postal
					 delay, making it impossible to expect that the usual reporting requirements be
					 met.
The provisions of this §
													183.97 amended under sections
						  201(2), 403(b), 432 and 432.12 of the Public Welfare Code (62 P. S.
						  §§
														201(2),
						  403(b), 432 and 432.12);
						  Titles I and III of the Personal Responsibility and Work Opportunity
						  Reconciliation Act of 1996 (Pub. L. No. 104-193) (PRWORA),
						  creating the Temporary Assistance for Needy Families (TANF) Program, and
						  amending 42 U.S.C.A.
						  §§
														601-619,
						  651-669(b) and
						  1396u-1; and the Federal
						  TANF regulations in 45 CFR
						  260.10-265.10.
This section cited in 55 Pa. Code §
													183.94 (relating to TANF earned
						  income deductions); 55 Pa. Code §
													183.95 (relating to GA earned
						  income deductions); and 55 Pa. Code §
													255.4 (relating to
						  procedures).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › INCOME DEDUCTIONS › Section 183.98 - Unearned income and lump sum income deductions

Current through Register Vol. 54, No. 28, July 13, 2024
From unearned income and lump sum income, the following
						deductions are allowed:
(1) The
					 expenses which the individual shall pay to be eligible for or to receive the
					 unearned income or nonrecurring lump sum income. Allowable expenses include,
					 but are not limited to, attorney fees, court costs and transportation
					 costs.
(2) The expenses the
					 individual incurs which are directly related to the particular type of lump sum
					 payment, such as the charge for burial from an insurance benefit or medical
					 expenses from a personal injury award.
(3) The replacement cost of real or personal
					 property that is part of the damage award or insurance settlement. The
					 replacement cost value is determined as follows:
(i) If it is nonresident real or personal
					 property for which liability for cash assistance reimbursement has been
					 acknowledged, the deductible replacement cost is limited to the value of the
					 property up to the resource limitation established under Chapter 177 (relating
					 to resources). If it is resident real property, the deductible replacement cost
					 is the value specified by the issuing source-payer or insurance
					 company.
(ii) If the real or
					 personal property is not property for which liability for cash assistance
					 reimbursement has been acknowledged, the deductible replacement cost value is
					 the greatest of the following:
(A) The value
					 specified by the issuing source-payer or insurance company.
(B) The value determined at the last
					 reapplication prior to its destruction.
(C) The fair market value.
(D) Other evidence substantiating the value
					 of property at the time it was lost, stolen, damaged or destroyed.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › MONTHLY ASSISTANCE PAYMENT DETERMINATION › Section 183.101 - Prospective and retrospective determination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Income eligibility is prospectively
					 determined for a calendar month based on anticipated income of individuals
					 whose income shall be counted in determining eligibility.
(b) The amount of the monthly assistance
					 payment is computed by counting the income of those same individuals whose
					 income is considered in the prospective eligibility decision.
(c) A person is ineligible for assistance if,
					 after the application of TANF and GA income requirements, the net income, when
					 prospectively determined, equals or exceeds the family size allowance plus
					 special needs allowances under Chapter 175 (relating to allowances and
					 benefits).
(d) A person is eligible
					 for assistance if, after the application of TANF and GA income requirements,
					 the net income, when prospectively determined, is less than the family size
					 allowance plus special needs allowances under Chapter 175 and the person meets
					 other conditions of eligibility. The net income adjustment is determined as
					 follows:
(1) In the initial 2 months of
					 eligibility for a Federal or State category the income is one of the following:
(i) Prospectively budgeted by estimating the
					 income and circumstances which will exist in each of the initial 2
					 months.
(ii) Retrospectively
					 budgeted if the initial month follows one of the following:
(A) A preceding month of eligibility, during
					 which the budget group received assistance or would have received a monthly
					 assistance payment except for the prohibition against payments of less than
					 $10.
(B) One month of suspension,
					 if the circumstances of the budget group in the month of reinstatement have not
					 changed significantly from those reported in the budget month.
(C) When the budget group is closed in the GA
					 category and simultaneously opened in the TANF category, even though clause (A)
					 or (B) applies, the amount of the assistance payment is prospectively budgeted
					 in the first 2 months of the TANF category.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 183 - INCOME › MONTHLY ASSISTANCE PAYMENT DETERMINATION › Section 183.102 - Change in category

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When
					 the category changes to GA, the income in the budget month continues to be
					 retrospectively budgeted and receives the GA income disregards.
(b) When the category changes to AFDC, it is
					 considered a new application and assistance is determined under §
											183.101(d)(1)(ii)(C)
					 (relating to prospective and retrospective determination).
The provisions of this §
													183.102 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 183 - INCOME › MONTHLY ASSISTANCE PAYMENT DETERMINATION › Section 183.103 - Additions to the budget group

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Eligibility is determined prospectively
					 by combining the best estimate of income and circumstances that will exist in
					 the payment month for the budget group with the additional person
					 included.
(b) If the additional
					 person did not receive assistance in the previous month, the amount of
					 assistance for the initial 2 months is determined by combining the additional
					 person's prospective income with the budget month income for the remainder of
					 the budget group, and subtracting this amount from the appropriate family size
					 allowance. After the initial 2 months, retrospective budgeting is used for the
					 entire budget group.
(c) If the
					 additional person did not receive assistance in the previous month, but the
					 person's income was deemed as an LRR, parent of an AFDC minor parent,
					 stepparent or sponsor of an alien, the amount of assistance is determined by
					 considering retrospectively the additional person's income during the budget
					 month and the budget group's income during the budget month, excluding the
					 income deemed from the individual being added.
(d) If the additional person received
					 assistance in the previous month, the amount of assistance is determined by
					 combining the additional person's retrospective income with the budget month
					 income for the remainder of the budget group, and subtracting this amount from
					 the appropriate family size allowance.
(e) If by adding this person the monthly
					 assistance payment increases, a supplemental payment is authorized to reflect
					 the needs of the additional person.
(f) A request for assistance by or for an
					 additional person shall be processed within the time limits specified for
					 applicants in Chapter 125 (relating to the application process).
The provisions of this §
													183.103 amended under sections
						  201(2) and 403(b) of the Public Welfare Code (62 P. S. §§
														201(2) and
						  403(b)).