Current through Register Vol. 54, No. 44, November 2, 2024
Each employed individual in the Healthy Beginnings
family whose income is used to determine the eligibility of the budget group is
entitled to the following deductions from earned income, in the following
order:
(1)
Work
expenses. The first $90 per month from the earned income of each
individual who is employed if the employed individual or family member is not
eligible to receive an earned income incentive deduction as described in
paragraph (2) or if the $90 per month deduction is more advantageous to the
applicant or recipient group.
(2)
Earned income incentive deductions.
(i) Each employed individual in the applicant
or recipient group or family member is eligible to receive an earned income
incentive deduction if one of the following exists:
(A) The employed individual is a recipient of
Healthy Beginnings.
(B) The
employed individual has been a recipient of cash assistance, NMP-MA or MNO-MA
in a TANF-related category in 1 of the 4 calendar months before the date of the
application for Healthy Beginnings.
(C) The employed individual has been a
recipient of NMP-MA or MNO-MA in a GA-related category with a child who was
simultaneously a recipient of MA in a TANF-related category in 1 of the 4
calendar months before the date of the application for Healthy
Beginnings.
(ii) Each
employed individual in the applicant or recipient group, including a family
member who meets one of the requirements in subparagraph (i), is eligible to
receive a continuous 50% earned income incentive deduction or the first $90 per
month work expense deduction from earned income and a $30 plus 1/3 remainder
earned income incentive deduction per requirements in subparagraph (iii),
whichever is most advantageous to the applicant or recipient group.
(iii) The application of the $30 plus 1/3
remainder earned income incentive deduction is treated as follows:
(A) The employed applicant or recipient or
family member is eligible to receive the $30 plus 1/3 remainder earned income
incentive deduction for 4 consecutive months if:
(I) Twelve consecutive months have elapsed
since the employed applicant or recipient has been a recipient of Healthy
Beginnings or the income of the individual has not been considered when
determining the eligibility of the Healthy Beginnings recipient. The count of
months begins with the first month following the month of termination for
Healthy Beginnings regardless of whether the employed applicant or recipient
received the entire 8 consecutive months of the $30 income incentive deduction
described in clause (B).
(II) An
applicant or recipient whose receipt of 4 consecutive months of the work
incentive is interrupted due to loss of income or a decrease in income. The
applicant or recipient is eligible for a new 4 consecutive month
period.
(B) Each employed
person in the applicant/recipient group who received 4 months of the $30 plus
1/3 income incentive deduction is eligible for an income deduction of $30 per
month during the next 8 consecutive months. The application of the $30
incentive is treated as follows:
(I) The
applicant/recipient is entitled to the $30 income incentive deduction during
any month of the 8-month period for which the income of the applicant/recipient
is sufficient to qualify.
(II) The
8 months of eligibility for the $30 income incentive deduction begins with the
month following the end of the 4 consecutive calendar months of the $30 and 1/3
income incentive deduction.
(III)
The 8 months of eligibility are counted consecutively, whether or not Healthy
Beginnings is interrupted or income is sufficient to qualify for it.
(3)
Dependent care expenses. The actual work-related cost of care
of dependent or incapacitated persons living in the home of the
applicant/recipient or family member, if no other sound plan can be made for
their care, up to a maximum of:
(i) One
hundred seventy-five dollars per month per child 2 years of age or older or
incapacitated person when the applicant/recipient or family member is employed
full-time.
(ii) One hundred fifty
dollars per month per child 2 years of age or older or incapacitated person
when the applicant/recipient or family member is employed part-time.
(iii) Two hundred dollars per month per child
under age 2 regardless of whether the applicant/recipient or family member is
employed full-time or part-time.
The provisions of this §140.81 amended under sections
201(2) and 403(b) of the Public Welfare Code (62 P. S. §§
201(2) and
403(b)) (code); Titles I and
III of the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (Pub. L. No.
104-193) (PRWORA), creating the Temporary
Assistance for Needy Families (TANF) Program, and amending
42 U.S.C.A. §§
601-619,
651-669(b) and
1396u-1;
1902(a)(10)(A) of
the Social Security Act (42
U.S.C.A. §
1396a(a)(10)(A); and the
Federal TANF regulations in 45 CFR 260.10-265.10.
This section cited in 55 Pa. Code §
178.104 (relating to disposition
of assets and fair consideration provisions for transfers on or after July 30,
1994); and 55 Pa. Code §
178.174 (relating to disposition
of assets and fair consideration provisions for transfer on or after July 30,
1994).