Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

55 Pa. Code § 178.75. Replacement assistance.</B>

§ 178.75. Replacement assistance.

 Assistance to replace an excluded resource that is lost, damaged or stolen is excluded.

   (1)  In-kind replacement received for the purpose of repairing or replacing an excluded resource is excluded.

   (2)  Cash and interest earned on the cash received for the purpose of repairing or replacing an excluded resource is excluded for the 9 calendar months after the date the assistance is received.

     (i)   Cash or interest on the cash not used to repair or replace the excluded resource is considered a countable resource effective with the month following the expiration of the 9-month period or approved extension of the initial 9-month period.

     (ii)   The initial 9-month time period is extended for a reasonable period up to an additional 9 months when it is found that the applicant/recipient had good cause for not replacing or repairing the resource or contracting for the repairs or replacement. An applicant/recipient is found to have good cause when circumstances beyond his control prevented the repair, replacement, contracting for the repair or replacement of the resource. Unused cash and interest on the cash is considered as a resource effective with the month following the month in which the good cause extension period ends.

     (iii)   If an extension is made under the good cause provisions and the applicant/recipient changes his intent to repair or replace the excluded resource, funds previously held for replacement or repair are considered as a resource effective with the month in which the applicant/recipient reports the change of intent.

Cross References

   This section cited in 55 Pa. Code §  178.91 (relating to deeming of resources); 55 Pa. Code §  178.121 (relating to general); 55 Pa. Code §  178.122 (relating to determining the spousal share of resources if the institutionalized spouse is not applying for MA); and 55 Pa. Code §  178.123 (relating to determining the spousal share of resources at the same time the institutionalized spouse applies for MA).



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