75 Pa. Commw. 169 | Pa. Commw. Ct. | 1983
Opinion by
Sandra Taylor (petitioner) appeals here from an order of the Department of Public Welfare (DPW) which affirmed a hearing examiner’s determination that she was not eligible to have the standard earned income incentive deduction used in the calculation of her public assistance grant.
The petitioner had been receiving Aid to Families with Dependent Children (AFDC) on behalf of her child, but had not received any aid on her own behalf
The applicable state regulations in effect at the time of the petitioner’s application provided an earned income incentive deduction of $30 plus one-third of the remaining income to “recipients or applicants who have been recipients of an AFDC . . . grant within four months of the current application.” 55 Pa. Code §183.44(d) (1) (similar provision now found at 55 Pa. Code §183.44(a)(2)(iii)). “Eecipient” is defined as “an individual who has been determined to be eligible to receive AFDC.” 55 Pa. Code §167, Appendix D. It is undisputed here that the petitioner has never been determined to be eligible to receive AFDC. Furthermore, the fact that she had been receiving AFDC “on behalf of” her child, does not render her a recipient on her own behalf. See Feagins v. Department of Public Welfare, 59 Pa. Commonwealth Ct. 470, 430 A.2d 364 (1981). We believe, therefore, that the appellant was not a “recipient” within four months of the current application, and was not entitled to an earned income incentive deduction under the applicable state regulations.
The petitioner next argues that the state regulations violate controlling federal law. Federal law in
Here, the state regulations and the federal regulations are similar and achieve the same result. We do not see any indication that the state regulations violate federal law.
We will, therefore, affirm the order of the DPW.
Order
And Now, this 23rd day of June, 1983, the order of the Department of Public Welfare in the above-captioned matter is hereby affirmed.