Unless specifically exempt under § 177.21 or § 177.22 (relating to personal property; and real property), the equity value of real and personal property is subject to the resource limits in § 177.31 (relating to resource limit).

1. (1) Determining value of personal property. An applicant, recipient, guardian, trustee or sponsor of an alien shall provide documentation verifying value of personal property. This documentation includes a written estimate from a car dealer of the fair market value of a motor vehicle, a title of ownership and a written statement from financial institutions. Special requirements regarding certain personal property resources are as follows:

   1. (i) An irrevocable burial reserve shall be in a form which restricts the use of the money to the client’s burial, and shall provide that no part of the burial reserve may be withdrawn prior to the death of the client. If the interest earned on the reserve can be withdrawn, the interest is treated as income. If the CAO questions whether the document supports irrevocability, the Executive Director will send a copy of the document through proper channels for a review by the Office of Legal Counsel.
   2. (ii) An irrevocable burial reserve owned by an applicant or established by a recipient is exempt. The value of a revocable burial reserve shall be counted as a resource available to the TANF or GA budget group under § 177.21(a).
   3. (iii) The establishment of an irrevocable or revocable burial reserve from excess resources does not reduce the individual’s liability to repay the Department for the assistance granted during the time that the individual’s total resource equity value exceeded the resource limit.
2. (2) Determining value of nonresident property. Documentation of the fair market value of nonresident property includes the estimate of value provide by value based property tax bills, by a licensed real estate broker or a financial institution—or, in the case of burial spaces, a statement from a representative of a cemetery or memorial garden—verifying ownership, conditions of resale and value. An encumbrance is deducted from the fair market value to determine the equity value.

Authority

The provisions of this § 177.24 amended under sections 201(2), 403(b) and 432 of the Public Welfare Code (62 P. S. § § 201(2), 403(b) and 432); 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; and the Federal TANF regulations in 45 CFR 260.10—265.10.

Source

The provisions of this § 177.24 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3893; amended September 13, 2002, effective retroactively to March 3, 1997, 32 Pa.B. 4435. Immediately preceding text appears at serial pages (247346) to (247347).

Cross References

This section cited in 55 Pa. Code § 133.23 (relating to requirements); 55 Pa. Code § 177.21 (relating to personal property); and 55 Pa. Code § 451.3 (relating to requirements).