Fredericks v. Commonwealth, Department of Public Welfare

DisseNTING Opinion by

Judge Doyle :

I respectfully disagree with the conclusions drawn by the majority for several reasons and therefore must dissent from the holding.

Fundamentally, I believe that nothing could be more clear from a literal reading of 55 Pa. Code §523.3 (c)(8) (Code), than that monies withheld from the paycheck of petitioner’s husband and sent to his three children by a previous marriage residing in another household, should be excluded from “income” under *323the provisions of the food stamp program. Certainly those children are “third party beneficiaries” to the household of the…