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 § 181.313. Deductions from earned income for the GA categories of NMP-MA.

§ 181.313. Deductions from earned income for the GA categories of NMP-MA.

 An employed person who qualifies for MA in the PD or PK category is entitled to the following deductions from earned income in the following order:

   (1)  Work and personal expense deductions. A maximum work and personal expense deduction not to exceed $25 per month is allowed from earned income. This allowance includes, but is not limited to, expenses related to employment such as, transportation, child and adult care, union dues, uniforms and mandatory deductions for Federal, State and local taxes.

   (2)  A work incentive deduction of $20 plus 50% of the next $60 of the earned income which is treated as follows:

     (i)   Each employed person in the NMP-MA applicant/recipient group is eligible to receive the deduction for 4 consecutive months if one of the following applies:

       (A)   The employed recipient is in a GA-related category.

       (B)   The employed applicant has been a recipient of cash assistance, NMP-MA or MNO-MA in a GA-related category in one of the 4 calendar months prior to the calendar month of his application for NMP-MA.

       (C)   The total income of persons in the NMP-MA applicant group, which is the sum of earned income less work and dependent care expenses and unearned income less appropriate deductions is less than, or equal to, the appropriate standard of need in Appendix I.

     (ii)   The employed applicant/recipient who received the $20 plus 50% of the next $60 for 4 consecutive months has not received the deduction since 12 consecutive months have elapsed since the employed applicant/recipient last received NMP-MA in a GA-related category. The count begins with the first month following the month of termination of NMP-MA.

     (iii)   The employed applicant/recipient is eligible for a new 4 consecutive month count if the employed applicant/recipient had an interruption in the 4 consecutive month count of receipt of the $20 plus 50% of the next $60 incentive deduction. The following are treated as interruptions:

       (A)   If there is no earned income to be counted when determining eligibility for NMP-MA after the deduction of work and personal expenses for the employed person, that month does not count as one of the 4 consecutive months.

       (B)   An applicant/recipient whose receipt of 4 consecutive months of the work incentive is interrupted by loss of income.

     (iv)   An applicant/recipient who has his NMP-MA terminated due to receipt of a regularly recurring extra paycheck within a 5-week month is not considered to have had an interruption in the accumulation of consecutive months and does not have that month count as one of the 4 consecutive months. The applicant/recipient shall meet one of the qualifications described in subparagraph (i) to qualify for a balance remaining in the 4-month count unless 12 consecutive months have elapsed in which he has not been a recipient of NMP-MA in a GA-related category. If 12 consecutive months have elapsed, the employed applicant/recipient is eligible for a new 4 consecutive month count.

     (v)   If an applicant/recipient received retroactive NMP-MA and qualified for receipt of the earned income incentive deduction as described in subparagraph (i) and elected to receive the earned income incentive deduction, each month that he received the earned income incentive deduction during the retroactive period counts as one of the 4 consecutive months when determining the balance remaining in the 4-month count.

Authority

   The provisions of this §  181.313 issued under section 403(b) of the Public Welfare Code (62 P. S. §  403(b)).

Source

   The provisions of this §  181.313 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).



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