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COMMONWEALTH OF PENNSYLVANIA

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55 Pa. Code § 183.64. Income averaging.</B>

§ 183.64. Income averaging.

 (a)  Income of an individual under a contract of employment is prorated over the period of the contract if the contract provides for the payment of income in fewer months than the number of months covered by the contract.

 (b)  If the amount payable under the contract changes during the period over which the income has been averaged, income averaging is reassessed.

 (c)  Intermittent income which is received on a quarterly, semi-annual, or yearly basis is prorated by the period covered by the income and adjusted over that period beginning with the month of receipt.

Source

   The provisions of this §  183.64 adopted August 4, 1977, effective August 5, 1977, 7 Pa.B. 2180; amended February 10, 1978, effective March 13, 1978, 8 Pa.B. 374; amended February 9, 1979, effective March 12, 1979, 9 Pa.B. 505; amended February 8, 1980, effective December 11, 1979, 10 Pa.B. 699; amended July 11, 1980, effective September 10, 1980, 10 Pa.B. 2981; amended September 24, 1982, effective September 25, 1982, 12 Pa.B. 3410; amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1259; amended August 26, 1988, effective November 1, 1988, 18 Pa.B. 3921. Immediately preceding text appears at serial pages (108968) to (108978) and (125747) to (125748).

Notes of Decisions

   Insurance benefits in excess of recipient’s calculated standard of need render recipient ineligible for a period equal to the insurance benefit less allowable deductions under 55 Pa. Code §  183.64 (b)(1)(ii)(A) divided by the standard of need. Otero v. Department of Public Welfare, 517 A.2d 213 (Pa. Cmwlth. 1986).

   Windfalls including insurance benefits are considered lump sum income which in excess of the recipient’s calculated standard of need will render the recipient ineligible for public assistance. Otero v. Department of Public Welfare, 517 A.2d 213 (Pa. Cmwlth. 1986).

   55 Pa. Code §  183.64 must be construed in the light of the Pennsylvania Statute’s (62 P. S. §  433.12) requirement of actual availability of income for General Assistance purposes. Bowmaster v. Department of Public Welfare, 457 A.2d 185 (Pa. Cmwlth. 1983).

   The $25 deductibility ceiling imposed on work-related expenses by 55 Pa. Code §  183.64 (e)(1) is not unconstitutional. The legislature, having determined to permit the deduction of some work-related expenses, need not permit the deduction of all such expenses. Foster v. Department of Public Welfare, 452 A.2d 569 (Pa. 1982).

   Since eligibility is based on need, income available from legally responsible relatives is considered in determining need, and a spouse is a legally responsible relative, assistance may be discontinued without a redetermination of eligibility if a recipient does not supply the proper verification and documentation as to her marital status. Neal v. Department of Public Welfare, 413 A.2d 1195 (Pa. Cmwlth. 1980).

   General Assistance recipients are not invidiously discriminated against because AFDC recipients are not subjected to the $25 limitation on work-related expenses under 55 Pa. Code §  183.64(e)(1) (relating to procedures), since the origins, purposes and funding of the two programs are clearly quite different. Foster v. Department of Public Welfare, 408 A.2d 216 (Pa. Cmwlth. 1979).

   Since the $25 limitation on work-related expenses under 55 Pa. Code §  183.64(e)(1) (relating to procedures) does not appear to be so patently rational as to require no justification, the issue of equal protection requires a remand for a hearing at which evidence bearing on the relationship of the limitation to legitimate governmental interests may be shown. Foster v. Department of Public Welfare, 408 A.2d 216 (Pa. Cmwlth. 1979).

   To apply OASDI but not SSI benefits against a General Assistance grant is not a violation of equal protection and is not a violation of the Social Security Act. Emerick v. Department of Public Welfare, 407 A.2d 1378 (Pa. Cmwlth. 1979).

   Since the claimant was properly transferred from AFDC to GA, his earned income disregard must be computed under 55 Pa. Code §  183.64(e)(2) (relating to procedures) rather than under the AFDC formula. Royer v. Department of Public Welfare, 400 A.2d 913 (Pa. Cmwlth. 1979).

   The provisions of 55 Pa. Code §  183.64(f)(1)(iii) (relating to procedures) are invalid since they were not authorized by, and are contrary to, 62 P. S. §  432.12(c). Watson v. Department of Public Welfare, 400 A.2d 669 (Pa. Cmwlth. 1979).

Cross References

   This section cited in 55 Pa. Code §  125.74 (relating to procedures); 55 Pa. Code §  145.64 (relating to procedures); 55 Pa. Code §  183.63 (relating to contractual or intermittent income); 55 Pa. Code §  183.901 (relating to putative father/voluntary child support—statement of policy); and 55 Pa. Code §  187.74 (relating to procedures).



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