450.3 Income Exclusions for Non-money Payment (NMP) Individuals—Step 1

In Step 1, the CAO must determine if an individual can receive MA LTC payments. For individuals in the Nonmoney Payment (NMP) program, the CAO will not count the following as income in Step 1:

1. Borrowed money

The CAO will not count money from any loan that has a repayment statement.      

55 Pa. Code § 181.81(10)

 

NOTE:  Any interest received on the borrowed money will be counted as income.

 

2. Credit life or disability insurance payments

The CAO will not count payments made for a credit life or disability insurance policy issued to, or on behalf of, borrowers to cover payments on loans or installment purchases if the individual dies or becomes disabled. These payments are made directly to the loan or mortgage company and are not available to the individual.                                                          

55 Pa. Code § 181.81(3)

3. Income tax refunds

The CAO will not count federal, state, or local tax refunds (excluding the EIC portion).     

55 Pa. Code § 181.81(2) I

4. Loan repayments

The CAO will not count money received from another individual to pay back a loan to an individual.      

 55 Pa. Code § 181.81(4)

 

NOTE:  Any interest received on the money loaned must be counted as income.

 

5. Medical Assistance copayment and Medicare premium refunds

The CAO will not count money that the Department of Human Services (DHS) gave back to the individual because the individual paid more than the maximum copayment for a six-month period.       

55 Pa. Code § 181.81(8)

 

The CAO will not count refunds from the Social Security Administration (SSA) for Medicare Part B premiums.

55 Pa. Code § 181.81(8)

6. Medical care and services

 

The CAO will not count the following:    

55 Pa. Code § 181.81(11)

 

Example: The CAO will not count money paid to an individual from an insurance company giving the individual money for payments for prescription drugs.

 

7. Noncash items        

55 Pa. Code § 181.81(13)

8. Replacement income      

55 Pa. Code § 181.81(6)

 

The CAO will not count money that replaces lost, stolen, or destroyed income.

 

Example: An individual’s pension check is stolen before the individual cashes it, and the pension fund issues a replacement check. The CAO will count the original check as unearned income in the month it was received, but it will not count the replacement check.

9. Resource converted to income

The CAO will not count the sale, exchange, or replacement of a resource as income. This includes cash or in-kind items that an individual gets to replace or repair something that was lost, damaged, or stolen.        

55 Pa. Code § 181.81(1)

NOTE:  Money from the conversion of a resource must be counted as a resource. See Chapter 440, Resources.

10. Social services

The CAO will not count money obtained from any of the following:                                     

 55 Pa. Code § 181.81(12)

11. Third-party payments.         

 55 Pa. Code § 181.81(5)

 

The CAO will not count the payment on a individual’s bill that was made by someone else.

 

12. Veterans Aid and Attendance

The CAO will not count the portion of the VA benefit that is for Aid and Attendance benefits or the housebound allowance. See Appendix B.

55 Pa. Code § 181.81(9)

Exception: If the U.S. Department of Veterans Affairs says that a recipient of Aid and Attendance benefits is incompetent, it may require the income to be used to pay for LTC facility services. The CAO will count Aid and Attendance in determining contribution towards cost of care in Step 2 only if the VA tells it to in writing. The CAO will add the notice from the VA to the individual’s case record.

13. Veterans Aid and Attendance pension benefit (for Veterans or surviving spouse)

The CAO will not count the $90 per month VA pension received by a veteran or a surviving spouse of a veteran who is receiving LTC facility payments and who does not have dependents living in the community.

The CAO will exclude the first payment after the month of admission to the nursing facility. This pension represents a reduction in VA pension benefits required by Section 8003 of the Omnibus Budget Reconciliation Act of 1990 and Section 601 of Public Law (P.L.) 102-568, the Veterans Benefit Act of 1992.

Section 8003 of OBRA ’90     

38 U.S.C. 5503(f)  P.L. 101-508

 

14. Vietnam Veterans' children with Spina Bifida

The CAO will not count money paid to children of Vietnam Veterans who are diagnosed with Spina Bifida.

 

15.  Assistance for the homeless

55 Pa. Code § 181.81(14)

16. Weatherization assistance      

  

55 Pa. Code § 181.81(7)

 

17. Payments to victims of Nazi persecution Enacted August 1, 1994, the Nazi Persecution Victims Eligibility Act (P.L. 103-286) excludes from income and resources any payments made to persons because of their status as victims of Nazi persecution.

55 Pa. Code § 181.123(6)

Updated February 3, 2022, Replacing April 11, 2017