Current through Register Vol. 54, No. 44, November 2, 2024
(a) The value of
articles of clothing, transportation for the funeral party, newspaper
obituaries, flowers and religious services is not considered in determining the
Department's payment.
(b) The total
value of the following resources is used to determine the Department's payment
in accordance with §
283.21 (relating to Department
payment):
(1) A burial reserve and burial
space as set forth in §
177.2 (relating to
definitions).
(2) Contributions of
money or goods such as a casket, urn, burial plot, crypt or vault.
(3) Cash on hand in the estate of the
deceased.
(4) Other personal
property in the estate of the deceased that can be readily converted into cash
and is not required to meet basic needs of the survivors.
(5) Life insurance death benefits paid to an
individual or organization when that individual or organization paid insurance
premiums and had an agreement with the insured that the benefits are used for
the deceased's burial, cremation, or both.
(6) Burial or cremation benefits, or both,
from a lodge or fraternal organization.
(7) A lump-sum death benefit from the Social
Security Administration (SSA) as defined in
20 CFR
401.25 (relating to terms defined) payable to
a surviving spouse or to a funeral director.
(i) The individual who assumed responsibility
for payment of the funeral expenses may authorize that the lump-sum payment be
paid to the funeral director.
(ii)
The Department, at the request of the funeral director, may authorize that the
lump-sum payment be paid to the funeral director if one of the following
occurs:
(A) The individual who assumed
responsibility for payment of the funeral expenses does not authorize the
payment to the funeral director.
(B) The SSA determines that the individual
who arranged burial, cremation, or both, did not assume
responsibility.
(iii) The
Department will not pay costs for burial or cremation, or both, until the
funeral director provides definite information about payment of the lump-sum
death benefit.
(8) The
lump-sum death benefit from railroad retirement payable to a surviving spouse
or a funeral director.
(9) Benefits
available from county commissioners on behalf of deceased widows of deceased
veterans.
(10) Benefits available
for burial in a National cemetery.
(11) Workers compensation benefits designated
for burial or cremation, or both, if death results from an accident or injuries
sustained in connection with the employment of the deceased.
(12) Awards resulting from accidental death
not connected with the employment of the deceased. Pending awards do not reduce
the Department payment. When an award is pending, the Department will pay for
burial or cremation, or both, and seek recovery when the award is
made.
(13) Department of Veterans
Affairs death benefits.
(14) Death
benefits from United Mine Workers of America welfare and retirement or health
and retirement funds.
This section cited in 55 Pa. Code §
283.7 (relating to date of request
for payment); 55 Pa. Code §
283.21 (relating to department
payment); and 55 Pa. Code §
283.23 (relating to resources from
which the Department will seek to
collect).
