Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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55 Pa. Code § 183.22. Profit from self-employment.</B>

§ 183.22. Profit from self-employment.

 Profit from self-employment, determined under §  183.65(a) (relating to profit), is counted. Self-employment includes, but is not limited to, operating a business or farm, practicing a profession, providing day care for children, renting nonresident real property, renting rooms or apartments contained in the resident property and providing board.

Authority

   The provisions of this §  183.22 amended under section 403(b) of the Public Welfare Code (62 P. S. §  403(b)).

Source

   The provisions of this §  183.22 adopted August 4, 1977, effective August 5, 1977, 7 Pa.B. 2180; explained November 6, 1981, effective November 7, 1981, 11 Pa.B. 3954; amended November 6, 1981, effective November 7, 1981, 11 Pa.B. 3966; amended November 6, 1981, effective November 7, 1981, 11 Pa.B. 3972; amended November 6, 1981, effective November 7, 1981, 11 Pa.B. 3973; amended September 24, 1982, effective September 25, 1982, 12 Pa.B. 3410; amended April 8, 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. Immediately preceding text appears at serial pages (128230) and (108945) to (108947).

Notes of Decisions

   The lump-sum income rule for temporary termination of AFDC benefits does not apply to personal injury awards, since such awards are neither ‘‘windfalls’’ nor ‘‘accumulated or retroactive benefits’’ under the regulations. Barnes v. Cohen, 749 F.2d 1009 (3d Cir. 1984), cert. denied 471 U. S. 1061, 105 S. Ct. 2126, 85 L.Ed. 2d 490 (U. S. 1985).

   The provisions of 55 Pa. Code §  183.22 create a presumption that the income of a legally responsible relative, such as the mother of a minor child living in the same household, is available for the support of dependents. Mays v. Department of Public Welfare, 448 A.2d 1194 (Pa. Cmwlth. 1982).

   The provisions of 55 Pa. Code §  183.22 (relating to definitions) does not apply to the Emergency Fuel Assistance Program. Goudelock v. Department of Public Welfare, 399 A.2d 1212 (Pa. Cmwlth. 1979).



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