Section 183.91. LRR, parent of a TANF minor parent and stepparent deductions

The following deductions are taken from the verified gross income of an LRR, parent of a TANF minor parent, and stepparent, living with the applicant or recipient, to determine the income deemed available to a budget group.

(1) From earned income, deduct work and personal expenses as follows:

(i) For TANF-related cases, the first $90 of earned income from full-time or part-time employment.

(ii) For GA-related cases, up to $25 of earned income from full-time or part-time employment.

(iii) If a budget group fails, without good cause, to make a timely report of the budget month income as specified in Chapters 125 and 142 (relating to application process; and monthly reporting), the LRR, parent of a TANF minor parent, and stepparent are not eligible for the earned income deductions specified in this paragraph for that budget month.

(iv) An LRR who is under an employment sanction or support sanction under Chapter 165 or 187 (relating to road to economic self-sufficiency through employment and training (RESET) program; and support from relatives not living with the client) is ineligible for the earned income deductions specified in this paragraph for the budget month corresponding to the payment month of sanction.

(2) From unearned income, deduct the verified expenses the LRR, parent of a TANF minor parent, and stepparent shall pay to be eligible for or to assure receipt of the unearned income. The earned and unearned income of a nonassistance dependent of an LRR, excluding the parent of a TANF minor parent, is added to the LRR’s income if the dependent is included in the basic living need deduction of paragraph (3)(i).

(3) Deduct a basic living need as follows:

(i) For LRRs, other than the parent of a TANF minor parent, an amount is deducted which represents the difference between the family size allowance (FSA) for the budget group, excluding special need allowances, and what the FSA would be if the LRR and his dependents were included in the budget group. Dependents are those who are claimed or could be claimed in determining Federal income tax liability and who are residing in the household, but are not included in the TANF or GA budget group. An LRR and his dependents who are under an employment sanction or a support sanction under Chapter 165 or Chapter 187 are not included as though they are part of the budget group when determining the amount of the basic living need deduction.

(ii) For the parent of an TANF minor parent, or stepparent, an amount is deducted which represents the standard of need—Appendix B, Table I (relating to standard of need)—for a comparable family group composed of the parent of a TANF minor parent, or stepparent and for dependents who are or could be claimed in determining Federal income tax liability and who reside in the household, but who are not included in the TANF or GA budget group. A parent of a TANF minor parent, or stepparent and his dependents who are under an employment sanction or support sanction under Chapter 165 or § 141.21(e) (relating to policy) are not included as though they are part of the family group when determining the amount of the basic living need deduction.

(4) Deduct verified payments of court-ordered support by the LRR, parent of a TANF minor parent, and stepparent for a person not living with the LRR, parent of a TANF minor parent and stepparent. The LRR, parent of a TANF minor parent and stepparent shall provide verification that payments have been made and are not just owed.

(5) Deduct verified payments made by the LRR, parent of a TANF minor parent, and the stepparent to dependents who are not living with the LRR, parent of a TANF minor parent, and stepparent, but who are or could be claimed in determining Federal income tax liability. The allowable deduction is limited to obligations or payments which are actually paid. Verification of the payments is required before the allowance is granted.

(6) The remainder is deemed available as unearned income to the budget group regardless of whether it is actually made available or not. If the unearned income is deemed available to more than one budget group, it will be divided as equally as possible among the budget groups.

The provisions of this § 183.91 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3921; amended April 20, 1990, effective immediately and retroactively applicable to October 1, 1989, 20 Pa.B. 2156; amended October 2, 1992, effective upon publication and apply retroactively to October 1, 1989, 22 Pa.B. 4875; amended March 19, 1993, effective upon publication and applies retroactively to March 7, 1992, 23 Pa.B. 1315; amended May 17, 1996, effective May 18, 1996, 26 Pa.B. 2321. Immediately preceding text appears at serial pages (179510) to (179512).

Notation

Authority

The provisions of this § 183.91 amended under sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. § § 201(2) and 403(b)).

Cross References

This section cited in 55 Pa. Code § 133.23 (relating to requirements); (relating to support); 55 Pa. Code § 183.35 (relating to income deemed available from an LRR, parent of an AFDC minor parent or stepparent); 55 Pa. Code § 183.98 (relating to unearned income and lump sum income deductions); and 55 Pa. Code § 183.105 (relating to increases in income).