Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 3586 (June 26, 2021).

55 Pa. Code § 183.105. Increases in income.

§ 183.105. Increases in income.

 An increase in actual, deemed or estimated income of the budget group in a calendar month affects eligibility and the amount of the monthly assistance payment as follows:

   (1)  If the increase in recurring income results in ineligibility, and the ineligibility is expected to last more than 1 month, assistance is terminated for the first check which can be reached in the first month of ineligibility or the following month with proper notice being provided as described in §  133.4 (relating to procedures). An overpayment occurs for assistance received beginning with the first month of ineligibility.

   (2)  If the increase in recurring or nonrecurring income results in ineligibility, but ineligibility will exist for only 1 month, and it is caused by excessive income or other similar circumstances in the budget month, assistance is suspended for the corresponding payment month using the proper notice as described in §  133.4.

   (3)  If the increase in recurring or nonrecurring income does not result in ineligibility, the increase in actual or deemed income in the budget month affects the assistance payment in the corresponding payment month.

   (4)  If the increase in income is due to receipt of a lump sum payment, the payment is treated as income in the month of receipt and a resource in subsequent months as follows:

     (i)   A lump sum payment is counted if it is received by a member of the budget group or certain other household members such as an LRR, a parent of a TANF minor parent, a stepparent or a sponsor of an alien. A lump sum payment received by a sponsor is subject to deeming, provided the alien entered the United States within 3 years prior to the month in which the payment would be counted under §  183.36 (relating to income deemed available from a sponsor).

     (ii)   Income deductions, as specified in § §  183.91—183.95 and 183.98, are applied to a lump sum payment.

     (iii)   The receipt of a lump sum payment affects eligibility as follows:

       (A)   If a lump sum payment does not result in ineligibility, the actual or deemed lump sum is adjusted as income in the corresponding payment month.

       (B)   If a lump sum payment results in ineligibility only in the month of receipt, assistance is suspended in the corresponding payment month.

       (C)   If a lump sum payment results in ineligibility that may last more than 1 month, assistance is terminated for the first payment date that can be reached either in the month of receipt or the following month after proper notice is provided, as described in §  133.4. An overpayment occurs for cash assistance received during a month of ineligibility.

     (iv)   When a lump sum payment is received by a budget group member or LRR living in the household, the portion of the lump sum payment that remains after the month of receipt is considered a resource under §  177.1 (relating to general requirements).

     (v)   When a lump sum payment is received by a stepparent or a parent of a TANF minor parent, the portion retained by the stepparent or parent of a TANF minor parent after the month of receipt is a resource to that individual and is not considered in determining the eligibility of the budget group unless it is actually made available to the budget group.

       (A)   If a stepparent or parent of a TANF minor parent received a lump sum payment, the net amount of the lump sum, after allowable deductions, is deemed as income to the budget group in the month the lump sum is received.

       (B)   In the month following the month of receipt, the remaining portion of the lump sum would be a resource to the stepparent or parent of a TANF minor parent. This resource amount would be excluded as a resource to the budget group unless the stepparent or parent of a TANF minor parent made any or all of it available to the budget group.

     (vi)   When a lump sum payment is received by a sponsor of an alien, the portion retained by the sponsor after the month of receipt is a resource to the alien in subsequent months, provided the alien entered the United States within 3 years prior to the month in which the payment would be counted, as specified under subparagraph (i).

     (vii)   If the exact amount of a lump sum payment that is received is unknown because of a refusal to provide this information, the budget group is ineligible due to failure to cooperate under §  125.21(a) (relating to policy).

Authority

   The provisions of this §  183.105 amended under sections 201(2), 403(b), 432 and 432.12 of the Public Welfare Code (62 P. S. § §  201(2), 403(b), 432 and 432.12); Titles I and III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193) (PRWORA), creating the Temporary Assistance for Needy Families (TANF) Program, and amending 42 U.S.C.A. § §  601—619, 651—669(b) and 1396u-1; and the Federal TANF regulations in 45 CFR 260.10—265.10.

Source

   The provisions of this §  183.105 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3921; amended March 19, 1993, effective upon publication and applies retroactively to March 7, 1992, 23 Pa.B. 1315; amended September 13, 2002, effective September 14, 2002, 32 Pa.B. 4435; amended August 22, 2003, effective August 23, 2003, 33 Pa.B. 4161. Immediately preceding text appears at serial pages (291101) to (291104).

Cross References

   This section cited in 55 Pa. Code §  142.23 (relating to requirements); 55 Pa. Code §  168.71 (relating to monthly payment determination).



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