Section 183.23. [Reserved]  


Latest version.

The provisions of this § 183.23 adopted August 4, 1977, effective August 5, 1977, 7 Pa.B. 2180; amended April 9, 1983, effective April 9, 1983, 13 Pa.B. 1259; amended August 31, 1984, effective August 30, 1984, 14 Pa.B. 3159; amended August 26, 1988, effective November 1, 1988, 18 Pa.B. 3921; amended September 13, 2002, effective retroactively to March 3, 1997, 32 Pa.B. 4435. Immediately preceding text appears at serial page (252591).

Notation

Notes of Decisions

Provisions which deem income of a step-parent available to a child for purposes of eligibility for AFDC and food-stamp benefits do not violate either due process or equal protection rights; therefore, benefits may be terminated where a step-parent lives in the same household as the natural parent and the children, and the natural parent fails to provide the County Assistance Office or Department of Public Welfare with any information regarding the step-parent’s income. Kratzer v. Department of Public Welfare, 481 A.2d 1380 (Pa. Cmwlth. 1984).

A delay of one month between the cessation of nonrecurring income and the downward adjustment of assistance payments to allow for the receipt of such income under 55 Pa. Code § 183.23 (relating to requirements) is not so egregrious as to work an unfair or undue hardship, especially since the adjustments were relatively small. Sloneem v. Department of Public Welfare, 403 A.2d 1070 (Pa. Cmwlth. 1979).