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 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter C - TANF-RELATED AND GA-RELATED CATEGORIESOF MA › DISPOSITION OF PROPERTY AND FAIR CONSIDERATION PROVISIONS FOR THE TANF AND GA CATEGORIES OF MA › Appendix A - NMP-MA RESOURCE LIMITS

Current through Register Vol. 54, No. 28, July 13, 2024
The resource limits against which nonexcluded resources
						  are considered for NMP-MA persons, whether institutionalized or
						  noninstitutionalized, are:
(a)
Aged, Blind and Disabled
One person
$2,000
Two persons
$3,000
(b)
AFDC
Regardless of the number of persons in the
									 applicant/recipient group
$1,000
(c)
GA
One person
$ 250
Two or more persons
$1,000
MNO-MA RESOURCE LIMITS
The resource limits against which nonexcluded resources
						  are considered for MNO-MA persons, whether institutionalized or
						  noninstitutionalized, are:
One person
$2,400
Two persons
$3,200
Each additional person
$300
RESOURCE LIMITS FOR PREGNANT
						  WOMEN
If a pregnancy is medically verified, the unborn child
						  is counted as a member of the applicant recipient group when establishing the
						  NMP-MA or MNO resource limit.
This appendix cited in 55 Pa. Code §
														178.91 (relating to deeming of
							 resources); 55 Pa. Code §
														178.102 (relating to presumption
							 of disposition of property to qualify for MA for transfers during the period of
							 January 4, 1991, through July 29, 1994); 55 Pa. Code §
														178.105 (relating to presumption
							 of disposition of assets to qualify for MA for transfers on or after July 30,
							 1994); 55 Pa. Code §
														178.123 (relating to determining
							 the spousal share of resources at the same time the institutionalized spouse
							 applies for MA); 55 Pa. Code §
														178.124 (relating to resource
							 eligibility for the institutionalized spouse); 55 Pa. Code §
														178.126 (relating to resources
							 received by the institutionalized spouse after MA eligibility is determined);
							 55 Pa. Code §
														178.172 (relating to presumption
							 of disposition of property to qualify for MA for transfers during the period of
							 January 4, 1991, through July 29, 1994); and 55 Pa. Code §
														178.175 (relating to presumption
							 of disposition of assets to qualify for MA for transfers on or after July 30,
							 1994).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA INCOME COMMONTO ALL CATEGORIES OF MA › GENERAL PROVISIONS FOR MA INCOME › Section 181.1 - General policy on MA income common to all categories of MA

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In determining income eligibility for
						categorically needy NMP-MA, the total amount of income available to the
						applicants/recipients in 1 calendar month is used.
(b) In determining income eligibility for
						MNO-MA, the total amount of income available to the applicants/recipients in a
						consecutive 6-calendar month period is used. In determining income eligibility
						for retroactive eligibility coverage for MNO-MA, the total amount of income
						available to the applicants/recipients in the combined retroactive and
						prospective period, a consecutive 6-calendar month period, is used. The
						combined period can be less than 6 months only if the applicant/recipient is
						deceased.
(c) A person receiving
						AFDC, GA, SBP or SSI and who is living in the household of a person applying
						for, or receiving, MA is not included in the determination of MA eligibility.
						The income of persons living in the household is not considered available to
						meet the needs of a person applying for, or receiving, MA except for payments
						made to the applicant/recipient for goods, services, rent, room and
						board.
(d) As a condition of
						eligibility for MA, an applicant/recipient shall take necessary steps to obtain
						and make available potential sources of income available to him, such as, but
						not limited to, benefits under retirement, unemployment compensation, workers
						compensation, State or county retirement and disability benefits, veterans
						benefits, union pensions and employer's pensions and annuities.
(1) An applicant, except a PD or TD
						applicant-see §§
													181.41 and
						181.42 (relating to categories of
						NMP-MA; and categories of MNO-MA)-or a recipient who, without good cause, fails
						to cooperate in an effort to establish eligibility for SSI, Retirement,
						Survivors and Disability Insurance (RSDI), or another potential benefit is
						ineligible for MA until the applicant complies with the cooperation
						requirement.
(2) A PD or TD
						applicant-see §§
													181.41 and
						181.42 -who, without good cause,
						fails to cooperate in establishing eligibility for a potential benefit is
						ineligible for MA for a minimum of 60 calendar days. Ineligibility for MA
						continues after the minimum of 60 calendar days until the applicant complies
						with the cooperation requirement.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA INCOME COMMONTO ALL CATEGORIES OF MA › GENERAL PROVISIONS FOR MA INCOME › Section 181.3 - Income reporting and verification provisions for all categories of MA

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						applicant/recipient or a person acting on his behalf is required to report and
						verify earned and unearned income, allowable deductions, such as work and
						personal expenses, and medical expenses used in determining eligibility for
						MA.
(b) Verification for income,
						expenses and deductions consists of documentation specified by the Department
						which is appropriate for the item being verified and includes, but is not
						limited to, paystubs, pay envelopes, a statement by the employer or other
						documentary proof of the business income and work and personal expenses of the
						applicant/recipient, award letters or copies of benefit checks.
(c) Verification for medical expenses
						includes, but is not limited to, invoices, bills, receipts and statements which
						identify the type, amount and the date of the medical service.
(d) An applicant/recipient may not be denied
						MA for lack of verification if he has cooperated in the verification
						attempt.
The provisions of this §
														181.3 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 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA INCOME COMMONTO ALL CATEGORIES OF MA › CONTINUING AND RETROACTIVE ELIGIBILITY PROVISIONS FOR ALL CATEGORIES OF MA › Section 181.11 - Continuing eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Eligibility for continuing MA benefits begins with the date eligibility is
						established or the date of application, if the applicant/recipient is otherwise
						eligible.
(1) If the applicant is ineligible
						in the month of application, eligibility begins with the first day of the
						following month if the applicant is eligible beginning from the first day of
						that month.
(2) Authorization of MA
						benefits in the GA-related NMP category begins when all eligibility factors are
						verified, verification is received from a third party or the client has
						cooperated in the verification attempt and the applicant/recipient is otherwise
						eligible.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA INCOME COMMONTO ALL CATEGORIES OF MA › CONTINUING AND RETROACTIVE ELIGIBILITY PROVISIONS FOR ALL CATEGORIES OF MA › Section 181.12 - Retroactive eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						earliest possible date for retroactive MA benefits to begin is the first day of
						the third month preceding the month of application.
(1) The period of eligibility for retroactive
						MA benefits under NMP-MA begins with the first day of the month in the
						retroactive period in which the first medical service was incurred, if the
						applicant was otherwise eligible during that month.
(2) The period of eligibility for retroactive
						MA benefits under MNO-MA begins with the first day of the month in the
						retroactive period in which the first medical service was incurred, if the
						applicant was otherwise eligible during that month.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA INCOME COMMONTO ALL CATEGORIES OF MA › CONTINUING AND RETROACTIVE ELIGIBILITY PROVISIONS FOR ALL CATEGORIES OF MA › Section 181.13 - Eligibility under NMP-MA spend-down

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Eligibility under NMP-MA spend-down is
						available to an applicant/recipient except for an applicant/recipient receiving
						skilled nursing care or intermediate care.
(b) The applicant/recipient shall meet the
						NMP-MA eligibility criteria, including the income criteria, to qualify for
						NMP-MA spend-down.
(c) The period
						of NMP-MA spend-down eligibility begins the day of the calendar month in which
						eligibility for NMP-MA spend-down is established and continues through the last
						day of that calendar month.
(d)
						Income eligibility for NMP-MA spend-down exists when the
						applicant's/recipient's:
(1) Countable net
						income less $10 is equal to, or less than, the appropriate NMP-MA income limits
						in Appendix A for the aged, blind and disabled categories not receiving skilled
						nursing care or intermediate care.
(2) Countable net income less $10 and medical
						expenses in subsection (e) is equal to, or less than, the appropriate NMP-MA
						income limits in Appendix A for the aged, blind and disabled categories not
						receiving skilled nursing care or intermediate care.
(3) Countable net income less $10 is equal
						to, or less than, the appropriate NMP-MA income limits in Appendix C for the
						AFDC categories and the GA categories not receiving skilled nursing care or
						intermediate care.
(4) Countable
						net income less $10 and medical expenses in subsection (f) is equal to, or less
						than, the appropriate NMP-MA income limits in Appendix C for the AFDC
						categories and the GA categories not receiving skilled nursing care or
						intermediate care.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA INCOME COMMONTO ALL CATEGORIES OF MA › CONTINUING AND RETROACTIVE ELIGIBILITY PROVISIONS FOR ALL CATEGORIES OF MA › Section 181.14 - Eligibility under MNO-MA spend-down

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Eligibility under MNO-MA spend-down is
						available to applicants/recipients.
(b) The applicant/recipient shall meet the
						MNO-MA eligibility criteria, including the income criteria, to qualify for
						MNO-MA spend-down.
(c) Income
						eligibility for MNO-MA spend-down exists when the applicant's/recipient's
						countable net income less medical expenses is equal to, or less than, the
						appropriate MNO-MA income limits in Appendix F (relating to six-month period
						medically needy income limits (MNIL)) for a 6-month period. Medical expenses
						deducted include those identified in subsection (d) and deducted in the order
						provided in subsection (e).
(d)
						Deductible medical expenses include:
(1)
						Unpaid medical expenses, including those reasonably expected to be incurred,
						which meet the requirements in this paragraph. The unpaid medical expenses:
(i) Are not subject to payment by a
						third-party.
(ii) Are not to be
						paid for under the MNO-MA Program once MNO-MA is authorized.
(iii) Are the legal obligation of the
						applicant/recipient.
(iv) Have not
						previously been used as a deduction in the determination of eligibility for a
						prior authorization of MA.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA INCOME COMMONTO ALL CATEGORIES OF MA › TREATMENT OF INCOME COMMON TO ALL CATEGORIES OF MA › Section 181.21 - Treatment of actual and anticipated income and expenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In determining retroactive eligibility
						for MA, the actual income and expenses verified for the retroactive period are
						used.
(b) In determining continuing
						eligibility for MA, except NMP-MA spend-down, either the anticipated or actual
						income, or both, and work, personal and dependent care expenses to be received
						beginning with the first day of the calendar month containing the effective
						date of the application or reapplication are used, or the actual income and
						work, personal and dependent care expenses received 30 days before the calendar
						month of application or reapplication for MA may be projected to determine
						anticipated income and work, personal and dependent care expenses.
(c) A combination of actual and anticipated
						income and expenses are considered to determine NMP-MA spend-down eligibility
						for MA. Actual income and expenses are used from the beginning of the calendar
						month to the day of the calendar month in which eligibility for NMP-MA
						spend-down is established. Anticipated income and work, personal and dependent
						care expenses are used for the remainder of the calendar month.
The provisions of this §
														181.21 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 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA INCOME COMMONTO ALL CATEGORIES OF MA › TREATMENT OF INCOME COMMON TO ALL CATEGORIES OF MA › Section 181.22 - Averaging income

Current through Register Vol. 54, No. 28, July 13, 2024
Income is averaged for a person who is employed under
						  an annual contract of employment and who works and receives income from the
						  contract in fewer than 12 months but more than 8 months. The income payable
						  under the contract is prorated over the period of the contract.
The provisions of this §
														181.22 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 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA INCOME COMMONTO ALL CATEGORIES OF MA › TREATMENT OF INCOME COMMON TO ALL CATEGORIES OF MA › Section 181.23 - Changes in income, expenses and circumstances

Current through Register Vol. 54, No. 28, July 13, 2024
When an applicant's/recipient's income, expenses or
						  circumstances, or both, change, the change is considered to determine
						  continuing eligibility for MA.
The provisions of this §
														181.23 amended under sections
							 201(2) and 403(b) of the Public Welfare Code (62 P. S. §§
															201(2) and
							 403(b)).
This section cited in 55 Pa. Code §
														161.73 (relating to requirements);
							 and 55 Pa. Code §
														161.83 (relating to
							 requirements).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA INCOME COMMONTO ALL CATEGORIES OF MA › TREATMENT OF INCOME COMMON TO ALL CATEGORIES OF MA › Section 181.24 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA INCOME COMMONTO ALL CATEGORIES OF MA › TREATMENT OF LUMP SUM COMMON TO ALL CATEGORIES OF MA › Section 181.31 - Treatment of lump sum

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A lump
						sum payment is a nonrecurring payment. Types of lump sum payments include
						delayed wages, bonuses, Earned Income Tax Credit (EITC), cash prizes, cash
						lottery winnings, life insurance benefits, cash inheritances, personal injury
						and other damage awards and settlements and retroactive benefits, such as
						retirement, survivors and disability insurance, delayed unemployment
						compensation and workers compensation.
(b) A lump sum payment is counted as a
						resource under §
												178.4 (relating to treatment of
						resources for all categories of MA) unless it would be more helpful to the
						applicant/recipient group to have the lump sum treated as income.
(c) If the lump sum is treated as income, it
						is counted as income in the calendar month received.
(1) Earned lump sum payments, such as delayed
						wages and bonuses, are treated as earned income and are added to other earned
						income received in the calendar month.
(i) A
						person in an SSI-related category of MA is entitled to the deductions listed
						under §
														181.132 (relating to deductions
						from earned income) from the earned lump sum income.
(ii) A person in an TANF-related category of
						MA, including a person in a GA-related category of MA with a child who is
						simultaneously a recipient of MA in an TANF-related category, is entitled to
						the deductions listed under §
														181.311 or §
														181.312 (relating to deductions
						from earned income for the TANF categories of NMP-MA; and deductions from
						earned income for the GA categories of MNO-MA) from the earned lump sum
						income.
(iii) A person in a
						GA-related category of MA is entitled to the deductions listed under §
														181.313 or §
														181.314 (relating to deductions
						from earned income for the GA categories of NMP-MA; and deductions from earned
						income for the GA categories of MNO-MA) from the earned lump sum
						income.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA INCOME COMMONTO ALL CATEGORIES OF MA › CATEGORIES OF MA › Section 181.41 - Categories of NMP-MA

Current through Register Vol. 54, No. 28, July 13, 2024
An NMP-MA applicant or recipient shall meet the income
						  requirements of the category of NMP-MA for which the applicant or recipient is
						  eligible. The following explains the different NMP-MA categories:
(1) The PA category designates an NMP person
						who is at least 65 years of age. 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 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA INCOME COMMONTO ALL CATEGORIES OF MA › CATEGORIES OF MA › Section 181.42 - Categories of MNO-MA

Current through Register Vol. 54, No. 28, July 13, 2024
An MNO-MA applicant or recipient shall meet the income
						  requirements of the category of MNO-MA for which the applicant or recipient is
						  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 age 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 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA INCOME COMMONTO ALL CATEGORIES OF MA › CATEGORIES OF MA › Section 181.43 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA INCOME COMMONTO ALL CATEGORIES OF MA › CATEGORIES OF MA › Section 181.63 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES › SPECIAL NMP-MA INCOME LIMIT FOR INSTITUTIONALIZED AGED, BLIND AND DISABLED PERSONS › Section 181.71 - Special NMP-MA income limit for institutionalized aged, blind and disabled persons

Current through Register Vol. 54, No. 28, July 13, 2024
An aged, blind or disabled applicant/recipient who is
						  receiving skilled nursing care or intermediate care is income eligible for
						  NMP-MA under this special NMP-MA income limit if his total gross monthly income
						  is equal to, or less than, the amount in Appendix B. Total gross monthly income
						  includes:
(1) The total earned income
						as specified in §§ 181.91, 181.92, 181.95 and 181.96.
(2) The total unearned income as specified in
						§§ 181.101-181.104, 181.107, 181.109 and 181.110.
(3) Some income that is identified as
						excluded in this subchapter is not excluded for purposes of this section and is
						counted when determining the MA eligible person's total gross monthly income.
						This includes:
(i) The income exclusion as
						specified in §
													181.122 (relating to earned income
						exclusion).
(ii) The income
						exclusions as specified in §
													181.123 (relating to unearned
						income exclusions).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES › SPECIAL NMP-MA INCOME LIMIT FOR INSTITUTIONALIZED AGED, BLIND AND DISABLED PERSONS › Section 181.73 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES › ITEMS THAT ARE NOT INCOME FOR THE AGED, BLIND AND DISABLED CATEGORIES › Section 181.82 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES › ITEMS THAT ARE NOT INCOME FOR THE AGED, BLIND AND DISABLED CATEGORIES › Section 181.84 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES › TYPES OF EARNED INCOME COUNTED FOR THE AGED, BLIND AND DISABLED CATEGORIES › Section 181.91 - Gross earned income

Current through Register Vol. 54, No. 28, July 13, 2024
Gross earned income, including, but not limited to,
						  wages, tips, salaries, commissions, severance pay and bonuses from employment
						  is counted as earned income.
The provisions of this §
														181.91 issued under section 403(b)
							 of the Public Welfare Code (62 P. S. §
															403(b)).
This section cited in 55 Pa. Code §
														181.71 (relating to special NMP-MA
							 income limit for institutionalized aged, blind and disabled persons); and 55
							 Pa. Code §
														181.452 (relating to
							 posteligibility determination of income available from an MA eligible person
							 toward his cost of care).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES › TYPES OF EARNED INCOME COUNTED FOR THE AGED, BLIND AND DISABLED CATEGORIES › Section 181.92 - Income from self-employment

Current through Register Vol. 54, No. 28, July 13, 2024
Income from self-employment is counted as earned
						  income. Self-employment includes, but is not limited to, operating a business,
						  trade or farm, practicing a profession or renting personal or real property as
						  a trade or business.
The provisions of this §
														181.92 issued under section 403(b)
							 of the Public Welfare Code (62 P. S. §
															403(b)).
This section cited in 55 Pa. Code §
														181.71 (relating to special NMP-MA
							 income limit for institutionalized aged, blind and disabled persons); and 55
							 Pa. Code §
														181.452 (relating to
							 posteligibility determination of income available from an MA eligible person
							 toward his cost of care).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES › TYPES OF EARNED INCOME COUNTED FOR THE AGED, BLIND AND DISABLED CATEGORIES › Section 181.95 - Payment for services in a sheltered workshop or work activities center

Current through Register Vol. 54, No. 28, July 13, 2024
A payment received for services performed in a
						  sheltered workshop or work activities center is counted when received or when
						  the payment is set aside for the applicant's/recipient's use.
The provisions of this §
														181.95 issued under section 403(b)
							 of the Public Welfare Code (62 P. S. §
															403(b)).
This section cited in 55 Pa. Code §
														181.71 (relating to special NMP-MA
							 income limit for institutionalized aged, blind and disabled persons); and 55
							 Pa. Code §
														181.452 (relating to
							 posteligibility determination of income available from an MA eligible person
							 toward his cost of care).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES › TYPES OF EARNED INCOME COUNTED FOR THE AGED, BLIND AND DISABLED CATEGORIES › Section 181.96 - Earned Income Tax Credit (EITC)

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The advance monthly EITC payment which an
						applicant/recipient actually receives is counted as monthly earned
						income.
(b) An applicant/recipient
						with earned income who is not receiving a monthly advance EITC does not have
						EITC counted as monthly earned income. The EITC counts as a lump sum payment
						when the EITC is refunded.
(c) A
						reconciliation of the EITC is required for a current recipient of MA following
						the end of the tax year if the recipient verifies that the total amount of the
						advance EITC which was counted as earned income received during the tax year by
						the Department differs from the year-end EITC. The recipient is responsible for
						providing information and documentation necessary to complete the
						reconciliation computation. This information includes, but is not limited to,
						the recipient's income tax return-IRS Form 1040, 1040A or 1040EZ-and the income
						tax refund check received or a photostatic copy of the income tax refund check.
(1) If the amount of the advance payments
						counted by the Department is less than the EITC verified on the income tax
						return-IRS Form 1040, 1040A or 1040EZ-and the income tax refund check or a copy
						of the income tax refund check, the additional EITC is treated as lump sum
						payment in the month of receipt. The EITC is attributed to the person who was
						employed during the tax year. Each person who was employed is considered to
						have an equal share of the EITC.
(2) If the amount of the advance payments
						counted by the Department is equal to, or more than, the EITC verified on the
						income tax return, no further adjustment is necessary.
(3) If the recipient fails to provide the
						necessary verification-IRS Form 1040, 1040A or 1040EZ and the income tax refund
						check or a copy of the income tax refund check-the entire amount of the
						available EITC (the maximum EITC the recipient could receive less the amount of
						the advance payments counted by the Department) is counted as the EITC refund
						and as a lump sum payment in the month of receipt.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES › TYPES OF UNEARNED INCOME COUNTED FOR THE AGED, BLIND AND DISABLED CATEGORIES › Section 181.101 - Benefits, dividends and interest

Current through Register Vol. 54, No. 28, July 13, 2024
Annuities, pensions and other periodic payments which
						  include, but are not limited to, private pensions, social security benefits
						  including Part B Medicare premiums, disability benefits, veterans benefits,
						  worker's compensation, railroad retirement, unemployment insurance benefits,
						  dividends, interest and royalties are counted as unearned income. In some
						  cases, the amount counted as unearned income is more than the actual amount
						  received by the applicant/recipient. This occurs when the amount received by
						  the applicant/recipient is reduced for a debt resulting from an overpayment of
						  a previously received benefit, or by deduction of an insurance premium. In this
						  situation, the actual amount to count as unearned income is the amount of the
						  unearned income benefit to which the applicant/recipient is entitled before the
						  deduction of an insurance premium or the reduction to recover an overpayment
						  unless §
												181.123(14)
						  (relating to unearned income exclusions) applies.
The provisions of this §
														181.101 issued under section
							 403(b) of the Public Welfare Code (62 P. S. §
															403(b)).
This section cited in 55 Pa. Code §
														181.71 (relating to special NMP-MA
							 income limit for institutionalized aged, blind and disabled persons); and 55
							 Pa. Code §
														181.452 (relating to
							 posteligibility determination of income available from an MA eligible person
							 toward his cost of care).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES › TYPES OF UNEARNED INCOME COUNTED FOR THE AGED, BLIND AND DISABLED CATEGORIES › Section 181.102 - Prizes and awards

Current through Register Vol. 54, No. 28, July 13, 2024
A prize, which is generally something won in a contest,
						  lottery or game of chance, is counted as unearned income. An award, which is
						  usually something received as the result of a decision by a court, board of
						  arbitration or something similar, is counted as unearned income.
The provisions of this §
														181.102 issued under section
							 403(b) of the Public Welfare Code (62 P. S. §
															403(b)).
This section cited in 55 Pa. Code §
														181.71 (relating to special NMP-MA
							 income limit for institutionalized aged, blind and disabled persons); and 55
							 Pa. Code §
														181.452 (relating to
							 posteligibility determination of income available from an MA eligible person
							 toward his cost of care).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES › TYPES OF UNEARNED INCOME COUNTED FOR THE AGED, BLIND AND DISABLED CATEGORIES › Section 181.103 - Inheritances

Current through Register Vol. 54, No. 28, July 13, 2024
An inheritance, which is something received as a result
						  of someone's death, is counted as unearned income. An inheritance can be cash,
						  or a right or interest in real or personal property.
The provisions of this §
														181.103 issued under section
							 403(b) of the Public Welfare Code (62 P. S. §
															403(b)).
This section cited in 55 Pa. Code §
														181.71 (relating to special NMP-MA
							 income limit for institutionalized aged, blind and disabled persons); and 55
							 Pa. Code §
														181.452 (relating to
							 posteligibility determination of income available from an MA eligible person
							 toward his cost of care).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES › TYPES OF UNEARNED INCOME COUNTED FOR THE AGED, BLIND AND DISABLED CATEGORIES › Section 181.104 - Support

Current through Register Vol. 54, No. 28, July 13, 2024
Child support, spousal support and alimony are counted
						  as unearned income, regardless of whether the payment or support is voluntary
						  or court-ordered.
The provisions of this §
														181.104 issued under section
							 403(b) of the Public Welfare Code (62 P. S. §
															403(b)).
This section cited in 55 Pa. Code §
														181.71 (relating to special NMP-MA
							 income limit for institutionalized aged, blind and disabled persons); and 55
							 Pa. Code §
														181.452 (relating to
							 posteligibility determination of income available from an MA eligible person
							 toward his cost of care).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES › TYPES OF UNEARNED INCOME COUNTED FOR THE AGED, BLIND AND DISABLED CATEGORIES › Section 181.107 - Profit from rental property income

Current through Register Vol. 54, No. 28, July 13, 2024
Profit from rental property income is the payment
						  received by the applicant/recipient for the use of real or personal property,
						  including payments for room and board and room rent less the deductions in
						  §
												181.135 (relating to deductions
						  from rental income). Profit from rental property income is counted as unearned
						  income.
The provisions of this §
														181.107 issued under section
							 403(b) of the Public Welfare Code (62 P. S. §
															403(b)).
This section cited in 55 Pa. Code §
														181.71 (relating to special NMP-MA
							 income limit for institutionalized aged, blind and disabled); and 55 Pa. Code
							 §
														181.452 (relating to
							 posteligibility determination of income available from an MA eligible person
							 toward his cost of care).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES › TYPES OF UNEARNED INCOME COUNTED FOR THE AGED, BLIND AND DISABLED CATEGORIES › Section 181.109 - Proceeds as beneficiary of life insurance policy

Current through Register Vol. 54, No. 28, July 13, 2024
A payment received by the applicant/recipient as a
						  beneficiary of a life insurance policy, except for an amount up to $1,500 that
						  the applicant/recipient verifies that he spent on the insured's last illness
						  and burial expense, is counted as unearned income. Illness and burial expenses
						  include, but are not limited to, related hospital and medical expenses,
						  funeral, burial plot and interment expenses and other related costs.
The provisions of this §
														181.109 issued under section
							 403(b) of the Public Welfare Code (62 P. S. §
															403(b)).
This section cited in 55 Pa. Code §
														181.71 (relating to special NMP-MA
							 income limit for institutionalized aged, blind and disabled persons); and 55
							 Pa. Code §
														181.452 (relating to
							 posteligibility determination of income available from an MA eligible person
							 toward his cost of care).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES › INCOME EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES › Section 181.122 - Earned income exclusion

Current through Register Vol. 54, No. 28, July 13, 2024
Earned income that does not exceed $10 in a month is
						  excluded if it is irregular or infrequent and received from a single source.
The provisions of this §
														181.122 issued under section
							 403(b) of the Public Welfare Code (62 P. S. §
															403(b)).
This section cited in 55 Pa. Code §
														181.71 (relating to special NMP-MA
							 income limit for institutionalized aged, blind and disabled persons); 55 Pa.
							 Code §
														181.110 (relating to income deemed
							 available from the spouse); and 55 Pa. Code §
														181.452 (relating to
							 posteligibility determination of income available from an MA eligible person
							 toward his cost of care).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES › INCOME EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES › Section 181.123 - Unearned income exclusions

Current through Register Vol. 54, No. 28, July 13, 2024
The following do not count when determining income
						  eligibility for MA and shall be excluded in the order noted:
(1)
Refund or return of taxes paid on
						real property.
A refund or return from a public agency of taxes paid
						on real property.
(2)
Educational expenses.
The amount of a grant, scholarship or
						fellowship used for paying tuition, fees or other necessary educational
						expenses.
(3)
Home
						produce.
The value of food produced by an applicant/recipient which is
						used by him and his household for their own personal consumption and not for
						sale.
(4)
Disaster relief
						assistance.
(i) Support and
						maintenance provided as disaster relief assistance, including income-in-kind,
						received as the result of a catastrophe declared by the President as a major
						disaster under the Disaster Relief Act of 1974 (42 U.S.C.A. §§
														5121-5202) or another Federal statute,
						if the following conditions are met:
(A) At
						the time of the catastrophe, the applicant/recipient was living in and
						maintaining his own home but discontinued living in his home because of the
						catastrophe.
(B) The
						applicant/recipient began to receive disaster assistance within 30 days after
						the last day of the catastrophe.
(C) The applicant/recipient received the
						disaster assistance while living in a residential facility, including a private
						household maintained by another person.
(D) The exclusion applies for a period
						beginning on the date the assistance is received and ending on the last day of
						the 18th full month following the month the cash was
						received.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 181 - INCOME PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES › DEDUCTIONS FROM INCOME FOR THE AGED, BLIND AND DISABLED CATEGORIES › Section 181.131 - Deductions from unearned income

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Unearned income
						expenses.
For each applicant/recipient, the expenses which the
						applicant/recipient pays to be eligible for, or to receive, unearned income are
						deducted. These unearned income expenses include, but are not limited to,
						attorney fees, court costs and transportation costs. Personal income taxes are
						not expenses the applicant/recipient had to pay to get this income and are not
						allowable deductions.
(b)
First $20 of income in a month other than income based on
						need.
The first $20 of income received in a calendar month by an
						applicant/recipient group is deducted after allowable expense deductions in
						subsection (a) are deducted. The application of the deduction is as follows:
(1) The deduction does not apply to unearned
						income based on need and funded in whole or in part by the Federal government
						or by a nongoverment agency.
(2)
						The deduction applies to income based on need and funded wholly by the
						State.
(3) The deduction applies to
						veterans benefits received by an applicant/recipient who is a veteran or is a
						dependent of a veteran on the basis of one of the following:
(i) A special act of Congress.
(ii) Service in the Indian Wars: January 8,
						1817-December 31, 1881.
(iii)
						Service in the Civil War: 1861-1865.
(iv) Service in the Spanish-American War:
						April 12, 1898-July 4, 1902.
(4) The deduction is first applied to the
						unearned income received by the applicant/recipient.
(5) If the applicant/recipient does not have
						unearned income or has less than $20 of unearned income in a calendar month,
						the remaining portion of the $20 deduction is applied to the earned income
						received in the calendar month under §
													181.132(1)
						(relating to deductions from earned income).