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PELTON v. COM., DEPT. OF PUBLIC WELFARE

514 Pa. 323 (1987)

523 A.2d 1104

Anna M. PELTON, et al., Petitioners/Appellees, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Respondent/Appellant.

Supreme Court of Pennsylvania.

Decided March 30, 1987.

Attorney(s) appearing for the Case

John A. Kane, Harrisburg, Jason W. Manne, Pittsburgh, for respondent/appellant.

Frederick M. Stanczak, Williamsport, for petitioners/appellees.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

The issue in this case is whether welfare recipients who are gainfully employed or engaged in training programs are eligible to receive a one-time grant to repair and/or purchase an automobile as authorized by a regulation promulgated by the Department of Public Welfare (hereinafter DPW) at 55 Pa.Code § 175.23(c)(2)(iv). The regulation provides:

(2) Nonrecurring one-time grant. A Nonrecurring one...

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