When deciding on a individual’s eligibility for Healthy Beginnings, the CAO must count the total earned and unearned income of all Healthy Beginnings family members. 55 Pa. Code § 140.32
State and federal laws exclude certain income. Excluded types and sources of income for Healthy Beginnings are listed in this chapter. They are not counted in the eligibility decision.
The individual must apply for or get any possible source of income available to him or her and must do his or her best to get possible benefits. If the individual who might be eligible is an unemancipated minor child, he or she is not eligible until the parent or other adult member follows this rule. 55 Pa. Code § 141.21
Possible benefits include, but are not limited to, the following:
Retirement benefits.
Unemployment compensation.
Workers compensation.
State or county retirement or disability benefits.
Veterans Affairs (VA) benefits.
NOTE: The CAO must not require a individual to apply for an increase in nonservice-connected VA benefits available under the Veterans Pension Act of 1959. 55 Pa. Code § 181.302
Pensions and annuities.
NOTE: Support payments are not considered a possible benefit. (See Chapter 350, Section 350.31, Support Payments.)
The CAO must count payments for services as earned income. The CAO must find the total amount of gross earned income before any deductions such as taxes, individual expenses, and dependent care are taken. 55 Pa. Code § 140.51
The CAO must count the following as earned income:
Wages (including tips).
Salaries.
Commissions and bonuses.
Earnings from a sheltered workshop or work activities center.
NOTE: A payment is counted when it is received or is set aside for the individual's use.
Earnings from therapeutic activities.
Profit from self-employment (See Chapter 352, Self-Employment, for the rules for TANF/GA-related categories of NMP.) 55 Pa. Code § 140.52(1)
Employee sick benefits, if the individual plans to return to work.
Rental Income. 5 Pa. Code § 140.52(2)
NOTE: Rental income may also be unearned. See Section 318.53, Rental Property Income.
The CAO must get proof of all earned income and include the proof and the amount in the case record. 55 Pa. Code § 140.103
The CAO must not count the earnings of a child under age 21 who is any of the following: 55 Pa. Code § 181.261
A full-time student.
A part-time student who is working part-time.
NOTE: A student’s employment status is considered only for when his or her school is in session. If a part-time student works full-time during a school vacation, he is still considered part-time as long as it is reasonably expected that he will return to school.
In the Job Corps.
Not a student but is age 17 or younger and working under a Workforce Investment Act (WIA) program.
NOTE: The WIA exemption is for up to six calendar months per year.
The CAO must look at the total amount of unearned income when deciding whether someone can get Healthy Beginnings. If money is taken out of an applicant or recipient’s unearned income to pay for insurance premiums, court-ordered support, recovery of an earlier overpayment, or a similar debt, the CAO must count the amount of the benefit before it is lowered. 55 Pa. Code § 140.61
NOTE: Lump sum income, such as individual damage awards, payments of delayed wages, insurance settlements, or delayed benefits is considered a resource and is not counted when deciding whether an individual can get Healthy Beginnings.
Unearned income includes, but is not limited to, the following:
Retirement benefits, private pensions, and annuities, including any amount taken out for insurance premiums.
Social Security (RSDI) benefits.
NOTE: The CAO must include the Medicare Part B premium.
Veterans Affairs' (VA) benefits.
Unemployment compensation.
Workers compensation. 55 Pa. Code § 140.61
Dividends, royalties, and interest posted or received in the calendar month.
Court-ordered or voluntary support or alimony payments (see Section 318.521, Support Payments). 55 Pa. Code § 140.62
Contributions (see Section 318.522, Contributions). 55 Pa. Code § 140.63
Educational assistance (see the TANF/GA-related rules in Chapter 314, Students). 55 Pa. Code § 140.41
Income of a child (see Section 318.54, Income of a Child). 55 Pa. Code § 140.64
Rental income when the property is managed by a third party. 55 Pa. Code § 140.66
NOTE: Rental income may also be earned. See Section 318.53, Rental Property Income.
Prizes and awards A prize is a cash payment won in a contest, lottery, or game relating to luck. An individual usually gets an award because of a decision by a court, board of arbitration, or similar legal body. 55 Pa. Code § 140.61
An individual may get a prize as a lump sum or in regular payments. If it is a lump sum, the CAO must consider the payment to be a resource, which does not affect whether or not the individual can get Healthy Beginnings. 55 Pa. Code § 140.61
Inheritance.
NOTE: A cash inheritance received as a one-time payment is considered a resource, which does not affect whether or not the individual can get Healthy Beginnings.
The CAO must get proof of all unearned income and include the proof and the amount in the case record. 55 Pa. Code § 140.103
Support paid by a legally responsible relative (LRR) for a child or spouse, whether it is court ordered, voluntary, or paid directly to an individual, must be counted when deciding on the individual’s eligibility. The amount of court-ordered support or alimony may be proven by a copy of the court order, a copy of the check, or a written statement from the Domestic Relations Office. 55 Pa. Code § 140.62
Cash from an LRR is counted as support income. If the cash is from a putative father, the CAO must count it as support if either the mother or the putative father says, in writing, that the payment is child support.
NOTE: The CAO must give a support disregard if the budget group receives voluntary or court-ordered child or spousal support. See Section 318.611.
NOTE: The CAO must not require the applicant or recipient to try to get support.
Money paid to cover support payments that were due in earlier months is considered a lump sum resource and does not affect Healthy Beginnings eligibility.
A cash contribution by someone other than an LRR is unearned income. A cash contribution by an LRR is counted as support. 55 Pa. Code § 140.63
If the contribution is from a putative father, the CAO must count the income as support if the mother or putative father states, in writing, that the payment is support. (See Section 318.521, Support Payments.)
The CAO must count income from rental property managed by a rental agency or other third party as unearned income. The individual must have no responsibility for management of the property or the investment. See Chapter 360, NMP Deductions, for the TANF/GA-related deductions from unearned rental income.
If the rental property is not managed by a rental agency or other third party, the CAO must count the income from rental property as self-employment. See Chapter 352, Self-Employment, for the TANF/GA-related rules for NMP. 55 Pa. Code § 140.52
The CAO must count income of a child who is included in the Healthy Beginnings family. A child’s income includes, but is not limited to, the following:
The child's share of Social Security or veteran's benefits.
Court-ordered or voluntary support payments.
Awards.
Trust fund payments.
NOTE: Do not count the earnings of a child under age 21 who is deprived of parental support and care if: 55 Pa. Code § 181.261
The child is a full-time student in secondary school or in vocational or technical school at the same level.
The child is a part-time student and works part-time.
Income that covers more than one child is considered available to each child in equal amounts unless the individual paying the money or a court order says otherwise. The CAO must count only the share of the child who is included in the Healthy Beginnings family.
The CAO must not count RSDI income of a child if the benefits are being paid to an individual who:
Does not live with the child.
Does not actually make the money available for the support of the child.
If a member of the Healthy Beginnings family gets benefits for a child, the CAO must not count the child's benefits if:
The child is not included in the Healthy Beginnings family.
The income can be used only for the child on whose behalf it is paid.
NOTE: Types of income that can be used only for the child include RSDI, VA benefits, court-ordered support, allotments, trust fund payments, and voluntary support from a parent. If the income covers more than one child, each child is considered to have an equal share unless the individual paying the money or a court order says otherwise.
The CAO must not count income from certain sources when deciding whether an individual can get Healthy Beginnings. 55 Pa. Code § 140.42
The CAO must verify and record the reason for excluding the income. It may be necessary to verify the amount of excluded income.
The CAO must not count the following excluded income:
Income tax refunds.
A federal, state, or local tax refund is considered a resource and is not counted. 55 Pa. Code § 140.91
Educational assistance.
For complete information about the treatment of educational assistance, see the TANF/GA-related rules in Chapter 314, Students. 55 Pa. Code § 140.41
MA copayment refunds.
The CAO must not count money that is paid back to an individual because the individual paid more for MA services than he or she needed to.
Workforce Investment Act (WIA) supportive services.
The CAO must not count money that an individual gets from the Workforce Investment Area Agency (formerly the Job Training Partnership Act of 1982) for specific needs or support services such as child care, transportation, or meals.
Relocation assistance and real property acquisitions.
The CAO must not count money that a individual gets under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
Senior Citizen Rebate and Assistance Act.
The CAO must not count money that an individual gets under rules of the Senior Citizen Rebate and Assistance Act. 55 Pa. Code § 140.43(13)
Example: Property tax rebates or rent rebates.
Foster care and adoption subsidy payments.
The CAO must not count money that an individual gets from a public or private placement or child care agency for providing foster care for a child. Money that an individual gets through Title IV-E of the Social Security Act or Article VII of the Public Welfare Code can be spent only to meet the needs of the foster child. The CAO must also not count maintenance subsidies that a individual gets under the Adoption Opportunities Act. 55 Pa. Code § 140.43(14) & (15)
Food assistance and free school lunches.
The CAO must not count the value of supplemental food assistance that an individual gets from the Women, Infants, and Children (WIC) program or the National School Lunch Act. 55 Pa. Code § 140.43(3)
Supplemental Nutrition Assistance Program (SNAP) benefits.
The CAO must not count the value of an individual’s SNAP benefits. 55 Pa. Code § 140.43(1)
USDA surplus food donation.
The CAO must not count the value of extra food given to the individual by the United States Department of Agriculture. 55 Pa. Code § 140.43(2)
Home produce.
The CAO must not count the value of fruits or vegetables grown at home if a applicant/recipient group eats it themselves. 55 Pa. Code § 140.42(9)
Housing subsidies.
The CAO must not count Section 8 housing or utility subsidies, rehabilitation grants, or other federal housing subsidies that an individual gets under the U.S. Housing Act of 1937, the National Housing Act, Section 101 of the Housing and Urban Development Act of 1965, Title V of the Housing Act of 1949, or the Housing and Community Development Act of 1974. 55 Pa. Code § 140.43(6)
Low Income Home Energy Assistance Program (LIHEAP)
The CAO must not count benefits that an individual gets for home energy assistance under LIHEAP. 55 Pa. Code § 140.43(4)
Weatherization.
The CAO must not count weatherization services or assistance payments. 55 Pa. Code § 140.43(17)
Home energy assistance (HEA) benefits.
The CAO must not count home energy assistance benefits. These benefits are given in-kind by a private, nonprofit organization or as cash or in-kind assistance by a certified supplier of home heating oil or gas. HEA benefits may include payments for heating or cooling, storm doors, weatherization services, blankets, and the like. HEA benefits do not include food or clothing. 55 Pa. Code § 140.43(17)
NOTE: If the CAO cannot tell whether a vendor is certified or an organization is registered with DPW, it must contact the area manager. If it turns out that the vendor or organization is not registered, the CAO must count the HEA benefit as unearned income.
Support or maintenance assistance (SMA) benefits.
The CAO must not count in-kind support or maintenance assistance benefits that an individual gets from a private, nonprofit organization. SMA benefits could include food, clothing, temporary emergency shelter, furniture, appliances, and the like. 55 Pa. Code § 140.43(18).
Payments made to volunteers.
The CAO must not count money that an individual gets: 55 Pa. Code § 140.43(11)
For supportive services.
To pay back out-of-pocket expenses made to volunteers serving as foster grandparents, senior health aides, or senior companions.
For any other programs created under Subchapter II of the Domestic Volunteer Services Act of 1973.
The CAO must not count payments for volunteer work in VISTA, service learning programs, or special volunteer programs.
Gifts, loans, and borrowed money.
The CAO must not count money that an individual borrows or gets as a gift or loan. These are treated as a resource and have no effect on eligibility. But the CAO must count any interest earned on the money loaned. 55 Pa. Code § 140.42(8)
NOTE: The CAO must tell individuals to keep money earned on a loan in a separate account so it is identifiable.
Exception: Money loaned by an LRR is counted as support. (See Section 318.521.)
Payments from the Family Caregiver Support Program.
The CAO must not count payments made under the Department of Aging’s Family Caregiver Support Program. These payments are made to pay an individual back for:
Ongoing caregiver expenses.
Assistance devices and changes made in the home that make it safer and easier for an individual to get around.
Japanese-American and Aleut restitution payments.
The CAO must not count payments made under Title I of the Civil Liberties Act of 1988 or Title II of the Aleutian and Pribilof Island Act of 8/10/88, including payments made to the survivors. 55 Pa. Code § 140.43(19)
This exclusion continues as long as the payments are kept separate and identifiable. If a individual uses the money to purchase real or personal property, the CAO must count the new resource, unless it is excluded. Interest on the payments is counted unless it is otherwise excluded.
Funds that are subject to reimbursement to DPW.
The CAO must not count any money for which an individual signs a reimbursement form from DPW. 55 Pa. Code § 140.42(1)
Retroactive cash assistance payments.
The CAO must not count money authorized to correct underpayments to past recipients as income in the month paid or the next month.
NOTE: Any money left over from the payment must be considered a resource in later months.
Corrective assistance payments.
The CAO must not count any retroactive assistance payments that an individual gets as a result of a pre-hearing conference, a fair hearing decision, or a court order. 55 Pa. Code § 140.42(4)
Refund of assigned support payments.
The CAO must not count support given back to an individual because of a one-month suspension of the monthly cash assistance payment when there is:
An assigned court order.
A voluntary support payment being collected by the state.
Support.
The CAO must not count the support disregard given to the budget group. See Section 318.611. 55 Pa. Code § 140.43(16)
NOTE: A delayed support pass-through payment for a period of cash eligibility is not counted, even if it is more than the disregard.
Donations from public or private agencies. 55 Pa. Code § 181.263(6)
The CAO must not count money, goods, or services that an individual gets from a public or private agency. 55 Pa. Code § 140.42(6)
Donations from individuals. 55 Pa. Code § 140.42(7)
The CAO must not count: 55 Pa. Code § 140.42(7)
In-kind goods or services given to an applicant/recipient group.
Third-party payments made to a vendor for the applicant/recipient group.
Congregate meals.
The CAO must not count benefits that an individual gets under Part C of the Congregate Nutrition Service of the Older Americans Act of 1965.
Experimental Housing Allowance Program.
The CAO must not count payments from the Experimental Housing Allowance Program (EHAP) and made under annual contribution contracts entered into before January 1, 1975. The CAO must not count payments covered by the United States Housing Act of 1937. 55 Pa. Code § 140.43(5)
Day care payments.
The CAO must not count money that a individual gets from providing day care for children in an approved family day care home. 55 Pa. Code § 140.42(10)
Alaska native claims.
The CAO must not count money that an individual gets under the Alaska Native Claims Settlement Act. 55 Pa. Code § 140.43(9)
Payments to Indian tribes.
The CAO must not count the following payments to Indian tribes: 55 Pa. Code § 140.43(10)
Funds distributed to or held in trust for any member of any Indian tribe under the act of 3/18/72 (Pub. L. 92-254) and the act of 10/17/73 (Pub. L. 93-134.
Receipts distributed to members of certain Indian tribes referred to in 25 U.S.C.A. Section 459d (effective October 17, 1975).
Interest and investment income earned on Indian judgment funds held in trust under the Per Capita Act of January 12, 1983.
Agent Orange settlement payments.
The CAO must not count payments that an individual gets from the Agent Orange Settlement Fund or any other fund created in the Agent Orange product liability litigation. 55 Pa. Code § 140.43(20)
Earned income credits (EICs)
The CAO must not count the monthly advance EIC payment or the year-end EIC refund that an employed individual gets. This includes two additional EIC credits: the Supplemental Child Credit and the Health Insurance Tax Credit. 55 Pa. Code § 140.42(11)
Income-in-kind payments.
The CAO must not count the value of in-kind income as income. 55 Pa. Code § 140.42(7)
Difficulty of care payments.
The CAO must not count payments made to non-relatives or parents who are contracted by a public or private agency to provide care to an individual with a mental disability in their home. 55 Pa. Code § 140.42
Census Bureau Income.
The CAO will not count income received from the Census Bureau.
The CAO must not count income from the following sources when deciding on an individual’s eligibility for Healthy Beginnings.
Non-service-connected veterans benefits.
The CAO must not count the amount of increased non-service-connected veterans benefits that the applicant or recipient or family member was eligible to receive but chose not to receive under the Veterans’ Pension Act of 1959 (38 U.S.C. §§ 503, 506, 521, 522, 541—543, 617 and 3203). The individual does not have to apply for the increase if he or she qualified for veterans benefits on June 30, 1960, and chose not to get the increase. 55 Pa. Code § 140.71
Income of an SSI recipient.
An SSI recipient’s income is not considered available to an applicant or recipient unless the payments are made to the applicant or recipient for goods, services, or room and board. The individual getting SSI is not included as a family member when the CAO decides on the eligibility of the Healthy Beginnings applicant. 55 Pa. Code § 140.72
Income received by a representative payee for a child.
If a member of the applicant/recipient group or family member is the payee for a benefit for a child and the money can be used only for that child, the income is not counted unless the child is a Healthy Beginnings applicant or recipient. 55 Pa. Code § 140.73
Updated February 14, 2012, Replacing October 13, 2009