Section 183.98. Unearned income and lump sum income deductions

From unearned income and lump sum income, the following deductions are allowed:

(1) The expenses which the individual shall pay to be eligible for or to receive the unearned income or nonrecurring lump sum income. Allowable expenses include, but are not limited to, attorney fees, court costs and transportation costs.

(2) The expenses the individual incurs which are directly related to the particular type of lump sum payment, such as the charge for burial from an insurance benefit or medical expenses from a personal injury award.

(3) The replacement cost of real or personal property that is part of the damage award or insurance settlement. The replacement cost value is determined as follows:

(i) If it is nonresident real or personal property for which liability for cash assistance reimbursement has been acknowledged, the deductible replacement cost is limited to the value of the property up to the resource limitation established under Chapter 177 (relating to resources). If it is resident real property, the deductible replacement cost is the value specified by the issuing source-payer or insurance company.

(ii) If the real or personal property is not property for which liability for cash assistance reimbursement has been acknowledged, the deductible replacement cost value is the greatest of the following:

(A) The value specified by the issuing source—payer or insurance company.

(B) The value determined at the last reapplication prior to its destruction.

(C) The fair market value.

(D) Other evidence substantiating the value of property at the time it was lost, stolen, damaged or destroyed.

(4) From earned lump sum income, the work and personal expenses and earned income incentive, if applicable, under § § 183.91 and 183.93—183.95. The earned lump sum income is combined with other earned income of the individual when applying these disregards.

(5) The amount of reimbursement due to the Department from delayed or retroactive benefits which will cover the same time period during which assistance was received.

(6) The amount a client pays a rental agency to handle rental property.

(7) Fees paid to a guardian who controls the income of a client when the guardian has been court appointed and the guardian fee is imposed as a part of the court order.

The provisions of this § 183.98 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3921.

Notation

Authority

The provisions of this § 183.98 issued under section 403(b) of the Public Welfare Code (62 P. S. § 403(b)).

Cross References

This section cited in 55 Pa. Code § 153.44 (relating to procedures); 55 Pa. Code § 183.94 (relating to TANF earned income deductions); 55 Pa. Code § 183.95 (relating to GA earned income deductions); and 55 Pa. Code § 183.105 (relating to increases in income).