§ 181.110. Income deemed available from the spouse.
(a) Income that is considered available to an applicant/recipient from his spouse who lives in the same household and who is not receiving, or applying for, MA is counted as unearned income.
(b) Income is not deemed available if the spouses are living separate and apart, including when one spouse is institutionalized. Income deeming stops for any month including partial months when one spouse becomes an institutionalized spouse as defined in § 181.2 (relating to definitions). Income deeming stops the first full month after the month of separation, institutionalization, other than that defined for an institutionalized spouse, or death of a spouse, even if only 1 day has elapsed since the separation began, unless the separation is temporary. Deeming continues during a temporary separation. A temporary separation, for purposes of deeming, occurs when either spouse leaves the household but intends to, and does, return to the household in the same month or the month immediately following.
(c) The following types and amounts of income of the spouse are not counted when determining deemed income for the applicant/recipient and shall be excluded in the order listed:
(1) Income identified in § 181.121 (relating to income exempt by Federal statutes).
(2) A cash assistance payment received by the spouse and income which was counted or excluded in determining the amount of the cash assistance payment for the spouse.
(3) Income of the spouse that was counted in determining the amount of a cash assistance payment for another person.
(4) The amount of a grant, scholarship or fellowship used to pay tuition or fees.
(5) Money received for providing foster care to a child who was placed in the spouse’s home by a public or private nonprofit child placement or child care agency.
(6) The value of food stamps and the value of United States Department of Agriculture donated foods.
(7) The value of food produced by the spouse which is used by him and his household for their own personal consumption and not for sale.
(8) Tax refunds on income, real property or food purchased.
(9) The amount of income used to comply with the terms of a court-ordered support payment or support payments enforced under Title IV-D of the Social Security Act (42 U.S.C.A. § § 651—667).
(10) Periodic payments made by a state under a program established before July 1, 1973, and based solely on length of residence and attainment of 65 years of age.
(11) Income identified in § § 181.122 and 181.123(4)—(7) (relating to earned income exclusion; and unearned income exclusions).
(12) Income paid under a Federal, State or local government program to provide the spouse with chore, attendant or homemaker services.
(13) Certain support and maintenance assistance benefits furnished in-kind by a certified private, nonprofit organization or furnished as cash or in-kind assistance by a certified supplier of home heating oil or gas, by a certified entity providing home energy whose revenues are primarily derived on a rate-of-return basis and regulated by the Pennsylvania Public Utility Commission or by a certified municipal utility providing home energy. Support and maintenance assistance includes Home Energy Assistance (HEA). HEA benefits may include, but are not limited to, payments for heating or cooling, storm doors, weatherization services and blankets. HEA benefits do not include food or clothing.
(d) If the spouse meets the eligibility conditions as a blind person, the work expenses specified in § 181.132(5) (relating to deductions from earned income) are deducted from the spouse’s earned income.
(e) If the spouse has a dependent child living in his household who is not part of the applicant/recipient group and is not receiving a type of public maintenance payments based on need, the spouse is entitled to a deduction from his income for that dependent child. The child is dependent if he is not married, not the head of a household and is under 18 years of age or if a student, under 22 years of age. Eligibility for this deduction is determined in the following manner:
(1) The income of the dependent child is considered in determining the amount of the deduction from the spouse’s income. The following types and amounts of income are exempt when determining the income of the dependent child:
(i) The exemptions listed in subsection (c)(2).
(ii) Earned income up to $1,200 a calendar quarter, but not more than $1,620 per year if the dependent child is a student.
(2) The income remaining after the application of appropriate exemptions in paragraph (1) is deducted from the amount in Appendix D, Item 1 for one person. The resulting figure is the dependent child deduction for the spouse for purposes of deeming the amount of income available from the spouse.
(f) If the spouse’s income after application of the appropriate exemptions in subsection (c) and the deductions in subsections (d) and (e) is less than, or equal to, the amount in Appendix D, Item 1, no income is deemed available from the spouse to the applicant/recipient.
(g) If the spouse’s income after the allowable exemptions in subsection (c) and the applicable deductions in subsections (d) and (e) is greater than the amount in Appendix D, Item 1, the amount of income deemed available from the spouse and the income eligibility of the applicant/recipient is determined in the following manner:
(1) Combine the spouse’s remaining unearned income after deductions and exemptions with the unearned income of the applicant/recipient, and combine the spouse’s remaining earned income with the earned income of the applicant/recipient.
(2) Apply the applicable exemptions, exclusions and deductions including items that are income under the following provisions:
(i) Section 181.81 (relating to items that are not income).
(ii) Section 181.121.
(iii) Section 181.122.
(iv) Section 181.123.
(v) Section 181.131 (relating to deductions from unearned income).
(vi) Section 181.132.
(vii) Section 181.133 (relating to deductions from self-employment).
(viii) Section 181.134 (relating to guardian fee deductions).
(ix) Section 181.135 (relating to deductions from rental income).
(3) Using the combined income of both spouses, apply the income limit for a two person household in Appendix A for the NMP-MA categories and Appendix F or G for the MNO-MA categories dependent upon whether a semiannual or monthly income limit is needed when determining income eligibility for the applicant/recipient.
Authority The provisions of this § 181.110 issued under section 403(b) of the Public Welfare Code (62 P. S. § 403(b)).
Source The provisions of this § 181.110 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949; amended August 28, 1992, effective upon publication and apply retroactively to October 1, 1989, 22 Pa.B. 4432. Immediately preceding text appears at serial pages (130594) to (130596).
Cross References 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 § 181.452 (relating to posteligibility determination of income available from an MA eligible person toward his cost of care); and 55 Pa.Code § 181.452 (relating to posteligibility determination of income available from an MA eligible person toward his cost of care).
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