BOWEN v. D. P. W.

No. 764 C.D. 1974.

21 Pa.Commw. 144 (1975)

Mrs. Joann Bowen, Appellant, v. Commonwealth of Pennsylvania, Department of Public Welfare, Appellee.

Commonwealth Court of Pennsylvania.

September 3, 1975.


Attorney(s) appearing for the Case

Mark I. Weinstein, with him Louis M. Shucker, Alan Linder, and J. Richard Gray, for appellant.

Darius G.C. Moss, Assistant Attorney General, with him Barry A. Roth, Assistant Attorney General, and Marx S. Leopold, General Counsel, for appellee.

Argued February 4, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, MENCER, ROGERS and BLATT. Judge WILKINSON, JR. did not participate.


OPINION BY JUDGE BLATT, September 3, 1975:

In this appeal from an adjudication of the Commonwealth of Pennsylvania, Department of Public Welfare (Department) Mrs. Joann Bowen (appellant) challenges the validity of Department regulations which establish that a portion of the income earned by legally responsible parents is presumed available to help meet the needs of their adult daughter who resides in the same dwelling unit.1 The facts...

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