DEDUCTIONS FROM INCOME FOR THE AGED,
BLIND AND DISABLED CATEGORIES
§ 181.131. Deductions from unearned income.
(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).
Authority The provisions of this § 181.131 issued under section 403(b) of the Public Welfare Code (62 P. S. § 403(b)).
Source The provisions of this § 181.131 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949.
Cross References This section cited in 55 Pa. Code § 181.31 (relating to treatment of lump sum); 55 Pa. Code § 181.110 (relating to income deemed available from the spouse); and 55 Pa. Code § 181.132 (relating to deductions from earned income).
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