Current through Register Vol. 54, No. 49, December 7, 2024
Section 283.22 - Resources(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).