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.
(2) From unearned income, deduct the verified
expenses the LRR, parent of a TANF minor parent, and stepparent shall pay to be
eligible for or to assure receipt of the unearned income. The earned and
unearned income of a nonassistance dependent of an LRR, excluding the parent of
a TANF minor parent, is added to the LRR's income if the dependent is included
in the basic living need deduction of paragraph (3)(i).
(3) Deduct a basic living need as follows:
(i) For LRRs, other than the parent of a TANF
minor parent, an amount is deducted which represents the difference between the
family size allowance (FSA) for the budget group, excluding special need
allowances, and what the FSA would be if the LRR and his dependents were
included in the budget group. Dependents are those who are claimed or could be
claimed in determining Federal income tax liability and who are residing in the
household, but are not included in the TANF or GA budget group. An LRR and his
dependents who are under an employment sanction or a support sanction under
Chapter 165 or Chapter 187 are not included as though they are part of the
budget group when determining the amount of the basic living need deduction.
(ii) For the parent of an TANF
minor parent, or stepparent, an amount is deducted which represents the
standard of need-Appendix B, Table I (relating to standard of need)-for a
comparable family group composed of the parent of a TANF minor parent, or
stepparent and for dependents who are or could be claimed in determining
Federal income tax liability and who reside in the household, but who are not
included in the TANF or GA budget group. A parent of a TANF minor parent, or
stepparent and his dependents who are under an employment sanction or support
sanction under Chapter 165 or §
141.21(e)
(relating to policy) are not included as though they are part of the family
group when determining the amount of the basic living need
deduction.
(4) Deduct
verified payments of court-ordered support by the LRR, parent of a TANF minor
parent, and stepparent for a person not living with the LRR, parent of a TANF
minor parent and stepparent. The LRR, parent of a TANF minor parent and
stepparent shall provide verification that payments have been made and are not
just owed.
(5) Deduct verified
payments made by the LRR, parent of a TANF minor parent, and the stepparent to
dependents who are not living with the LRR, parent of a TANF minor parent, and
stepparent, but who are or could be claimed in determining Federal income tax
liability. The allowable deduction is limited to obligations or payments which
are actually paid. Verification of the payments is required before the
allowance is granted.
(6) The
remainder is deemed available as unearned income to the budget group regardless
of whether it is actually made available or not. If the unearned income is
deemed available to more than one budget group, it will be divided as equally
as possible among the budget groups.
Notes
The
provisions of this §183.91 adopted August 26, 1988,
effective 11/1/1988, 18 Pa.B.
3921; amended April 20, 1990, effective immediately and retroactively
applicable to October 1, 1989, 20 Pa.B. 2156; amended October 2, 1992,
effective upon publication and apply retroactively to October 1, 1989, 22 Pa.B.
4875; amended March 19, 1993, effective upon publication and applies
retroactively to March 7, 1992, 23 Pa.B. 1315; amended May 17, 1996, effective
5/18/1996, 26 Pa.B.
2321.
The provisions of this §183.91 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 §
133.23 (relating to requirements);
(relating to support); 55 Pa. Code §
183.35 (relating to income deemed
available from an LRR, parent of an AFDC minor parent or stepparent); 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).
