Section 187.84. Procedures

(a) Determination of expected contribution. The contribution expected from a spouse or from a parent of an unemancipated minor child will be determined as follows:

(1) The allowable dependents living with the spouse parent will be determined. Dependents that may be included are as follows:

(i) Minor children for whom the LRR is legally responsible.

(ii) Other legal dependent without income.

(iii) Other legal dependent with income, providing the LRR so requests.

(2) Total net income of the spouse parent and his dependents will be determined. Net income from self-employment or business is profit before tax deductions. Net income from other employment is gross income less $20 per month for work expenses. Income earned under Title I of the Economic Opportunity Act of 1964 (42 U.S.C.A. § § 2711—2756b) will not be included.

(3) The following will be deducted from the total determined in paragraph (2):

(i) The amount the LRR is paying for the support of a person not living with him, and for whom he or his wife is legally responsible.

(ii) The amount the LRR is contributing towards the support of spouse or child.

(4) If the spouse or parent is an SBP recipient, $85 will be deducted from the monthly income.

(5) The appropriate figure will be selected from the following income scale and subtracted from the total net income:

No. of Persons Dependent Upon Relative’s Income (Including the Relative)	1	2	3	4	5	6
Net Monthly Income	$230	$340	$400	$460	$520	$580

(6) Six times the resulting figure will be considered to be available for meeting the cost of MA.

(b) Waiver of expected contribution. When an LRR has been determined able to contribute according to subsection (a), and it appears unsound, unreasonable, or impracticable to expect the LRR to make the determined contribution, the situation will be presented to the Executive Director or his delegate for a decision as to whether the expected contribution is to be waived. The fact that the scale in subsection (a) does not reflect current living costs will not of itself be a sound basis for waiver. A waiver will be made for a specified period. The basis of the waiver as well as the time period specified will be recorded in the notes section of the Form PA 743 or Form PA 743-R.

(c) Court action. The county office will refer a case for court action under the following conditions:

(1) Legally responsible relative refuses to acknowledge liability for support. A legally responsible relative who refuses to acknowledge liability for support will be as follows:

(i) An LRR will be considered as refusing to acknowledge liability for support in the following cases:

(A) The LRR fails to provide information about his financial circumstances within 15 days of the date of the request for the information.

(B) The LRR is found to be financially able to contribute but advises the county office that he will not pay or that he will pay only part of the expected contribution.

(ii) In either of the circumstances in clauses (A) and (B), an otherwise eligible client will be found eligible for MA, counting as an available resource only the amount the LRR has agreed to pay. The county office will refer the case to the Claim Settlement Area Office on a Form PA 173-M for collection from the LRR by court action if necessary in accordance with the following:

(A) If the first invoice paid is for inpatient hospital care, hospital-home care, or private nursing home care, the referral will be made at that time.

(B) If the invoices paid are for services other than the three listed in clause (A), then the referral will be made at the end of the quarterly period covered by the identification card. The amount to be collected will be the sum of the invoices paid during that period up to the amount of the expected contribution.

(iii) The LRR’s listed on the Form PA 173-M will be only those who refuse to acknowledge liability for support. If the Form PA 173-M indicates that the county office has not computed the amount of the expected contribution, claim settlement will determine the amount of the expected contribution in accordance with subsection (a).

(2) Legally responsible relative agrees to contribute. When an LRR agrees to contribute, the expected amount will be counted as another available resource in determining eligibility for MA.

The provisions of this § 187.84 adopted August 4, 1977, effective August 5, 1977, 7 Pa.B. 2180.

Notation

Cross References

This section cited in 55 Pa. Code § 187.81 (relating to policy).