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JUDY MOLYNEAUX v. COMMONWEALTH PENNSYLVANIA (07/09/79)

decided: July 9, 1979.

JUDY MOLYNEAUX, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Department of Public Welfare in case of Appeal of Judy Molyneaux, No. 23344, dated June 22, 1978.

COUNSEL

Stuart A. Cilo, with him Niles Schore, for petitioner.

Linda M. Gunn, Assistant Attorney General, for respondent.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Rogers. Dissenting Opinion by Judge Wilkinson, Jr.

Author: Rogers

[ 44 Pa. Commw. Page 113]

Judy Molyneaux has appealed from an order of the Department of Public Welfare affirming a decision of the Columbia County Board of Assistance discontinuing public assistance to the appellant's two minor children.

The appellant is the recipient of Aid to Families with Dependent Children (AFDC) for herself and her two minor children. The amount of the grant was originally $302.00 per month in addition to medical assistance benefits. After learning that the appellant's former husband, the father of the two children, was living in the same dwelling accommodations with the appellant and their children and working full time at a wage of $230.00 per week, the County Board of Assistance notified the appellant that AFDC and medical assistance benefits for the children would be discontinued and that the grant would be reduced to $164.00 per month to provide for the appellant only. The Board's action was based on Sections 183.22 and 183.44 of the Public Assistance Manual, 55 Pa. Code §§ 183.22, 183.44, which create a presumption that the income of a legally responsible relative is available to his dependents living in a common dwelling unit. Section 183.22 defines income as:

Any money which is available to [a client] except as provided in § 183.44 of this title (relating to procedures) and § 183.64 of this title (relating to procedures) from certain persons living with him, such as a parent.

Section 183.44(b) provides:

The income considered available to the dependent or dependents applying for or receiving assistance will be arrived at by deducting allowances

[ 44 Pa. Commw. Page 114]

    for his living expenses from the income of the spouse or parent.

(3) Remainder. The remainder, up to the amount of the total allowances for the dependent or dependents applying for or receiving assistance, will be considered income ...


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