Section 183.34. Income of a child

(a) If the income covers more than one child, each child covered is considered to have an equal share unless the payer or the court order specifies otherwise.

(b) If the child’s income is from voluntary or court-ordered support, the support is collected by the Department and is not adjusted as income after the initial budget month, unless the caretaker/relative has been sanctioned for failure to remit direct support payments as provided under § 183.32 (relating to support).

(c) If the child who was voluntarily added to the budget group is subsequently removed from the budget group, a refund of his income collected or adjusted against the monthly assistance payment may not be claimed retroactive to the time that the child was placed in the budget group. The child is removed from the budget group as provided under § 183.104(a) (relating to deletions from the budget group).

(d) Income of a child is not counted in determining need and the amount of the monthly assistance payment if the income is one of the following:

(1) Exempt under § 183.81 (relating to income exemptions).

(2) Retirement, Survivor’s and Disability Insurance (RSDI) benefits paid to a representative payee who does not live in the same household as the child and which the representative payee does not actually make available for the support of the child.

The provisions of this § 183.34 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3921.

Notation

Authority

The provisions of this § 183.34 issued under section 403(b) of the Public Welfare Code (62 P. S. § 403(b)).

Notes of Decisions

RSDI and SSI are not ‘‘income-in-kind’’ to be excluded from assistance income and were not to be excluded from determination of eligibility for AFDC benefits where there is no evidence that representative payee has not made all benefits available to beneficiary. Thornton v. Department of Public Welfare, 571 A.2d 1093 (Pa. Cmwlth. 1990).

Cross References

This section cited in 55 Pa. Code § 133.23 (relating to requirements).