Section 183.104. Deletions from the budget group

(a) The individual is removed from the budget group for the first payment month that can be affected. Eligibility for the remaining budget group is determined prospectively for the payment month.

(b) The amount of the assistance payment for the remaining budget group is determined as follows:

(1) If the individual removed from the budget group remains in the household and is an LRR, parent of an AFDC minor parent, stepparent or sponsor of an alien, income of that person during the budget month is deemed and retrospectively budgeted.

(2) If the individual who is removed from the budget group is no longer part of the household and is an LRR, the support requirements in Chapter 187 (relating to support from relatives not living with the client) shall be met. Pending the fulfillment of those requirements, income which is actually made available to the budget group from the LRR is considered in determining eligibility and the client shall remit voluntary support payments to the Department.

(3) If the individual removed from the budget group is not an LRR, only income actually made available from the individual removed or deemed from a parent of an AFDC minor parent, stepparent or sponsor of an alien affects the monthly assistance payment.

The provisions of this § 183.104 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. Immediately preceding text appears at serial page (143877).

Notation

Authority

The provisions of this § 183.104 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 § 183.34 (relating to income of a child); and 55 Pa. Code § 183.104a (relating to additions to or deletions from a budget group—statement of policy).