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RENEE CAROL MCDANIEL v. COMMONWEALTH PENNSYLVANIA (03/10/77)

decided: March 10, 1977.

RENEE CAROL MCDANIEL, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE



Appeal from the Order of the Department of Public Welfare in case of In Re: Renee Carol McDaniel, Northumberland County Case 26023TC, dated March 5, 1976.

COUNSEL

Peter B. Macky, for appellant.

Michael P. McGinley, Assistant Attorney General, for appellee.

Judges Kramer, Rogers and Blatt, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 29 Pa. Commw. Page 191]

Under the federal food stamp program,*fn1 administered in Pennsylvania by the Department of Public Welfare, certain low income households are entitled to purchase food coupons at a discount based upon the household's income. The method by which a student's eligibility for food stamps is to be calculated

[ 29 Pa. Commw. Page 192]

    is governed by Section 3754.281 of the Department of Public Welfare regulations,*fn2 which, in part, provides:

3754.281 Determining Student Income

In order to determine the adjusted monthly income for student households, the following procedure will be used:

(2) Subtract from such total [income] all tuition and mandatory fees allowed by 3753.723(2) (not to include the cost of books, meals at school, transportation or supplies) paid or expected to be paid for the period such monies are intended to cover. (Emphasis supplied.)

The questions presented on this appeal are whether this regulation is consistent with the Food Stamp Act of 1964, 7 U.S.C. ยง 2011 et seq., and, if so, whether it violates the equal protection clause of the Fourteenth Amendment to the United States Constitution.

The appellant, Renee McDaniel, lives with her three year old daughter in low-income housing in Sunbury, Northumberland County. She is enrolled as a full-time student at Susquehanna University in Selinsgrove, Pennsylvania, but pays no tuition because she is the daughter of an employee of Bucknell University, which has a reciprocal ...


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