Section 181.21. Treatment of actual and anticipated income and expenses

(a) In determining retroactive eligibility for MA, the actual income and expenses verified for the retroactive period are used.

(b) In determining continuing eligibility for MA, except NMP-MA spend-down, either the anticipated or actual income, or both, and work, personal and dependent care expenses to be received beginning with the first day of the calendar month containing the effective date of the application or reapplication are used, or the actual income and work, personal and dependent care expenses received 30 days before the calendar month of application or reapplication for MA may be projected to determine anticipated income and work, personal and dependent care expenses.

(c) A combination of actual and anticipated income and expenses are considered to determine NMP-MA spend-down eligibility for MA. Actual income and expenses are used from the beginning of the calendar month to the day of the calendar month in which eligibility for NMP-MA spend-down is established. Anticipated income and work, personal and dependent care expenses are used for the remainder of the calendar month.

The provisions of this § 181.21 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949.

Notation

Authority

The provisions of this § 181.21 issued under section 403(b) of the Public Welfare Code (62 P. S. § 403(b)).

Notes of Decisions

Department properly applied its ‘‘name-on-the instrument’’ rule attributing entire pension to petitioner for purposes of computing his patient pay amount; wife has no present ownership interest in pension although it is marital property subject to equitable distribution upon divorce. Buck v. Department of Public Welfare, 566 A.2d 1269 (Pa. Cmwlth. 1989).