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GERALDINE WALKER v. COMMONWEALTH PENNSYLVANIA (08/11/81)

decided: August 11, 1981.

GERALDINE WALKER, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Department of Public Welfare in the case of Appeal of Geraldine Walker, No. L 348, 819-D.

COUNSEL

Lawrence Funsten, with him Christine Fallon and Lucinda A. Bush, for petitioner.

Jean E. Graybill, for respondent.

Judges Mencer, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 61 Pa. Commw. Page 223]

Geraldine Walker (petitioner) seeks review of an order of the Department of Welfare (DPW) reducing her $41 monthly food stamp benefits because she was receiving a training allowance, under the Comprehensive Employment and Training Act (CETA), related to her enrollment in an associate degree program at Allegheny Community College.

A DPW hearing examiner concluded that the $118 monthly training allowance petitioner received under CETA should be considered income in calculating her food stamp eligibility, not excludable as a reimbursement for expenses associated with her school attendance.

The general rule, set forth at 55 Pa. Code ยง 523.3, is that "[a]ll payments received by household members will be income for food stamp purposes, except for those specified in subsection (c) of this section. . . ."

Section 523.3(c)(2)(v) outlines as excluded from income:

Payments received from the Youth Incentive Entitlement Pilot Projects, the Youth Community Conservation and Improvement Projects, and the Youth Employment and Training Programs under the Youth Employment and Demonstration Project Act of 1977, but not payments from the Young Adults Conservation Corps under that act nor any other payments under the Comprehensive Employment and Training Act. (Emphasis added.)

Finally, Section 523.3(b)(1)(iii) specifically identifies as "Nonexcluded income":

Training allowances -- Payments received from vocational and rehabilitative programs recognized by the Federal, State, or local governments, ...


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