45 Pa. Commw. 121 | Pa. Commw. Ct. | 1979
Opinion by
The narrow issue presented by this case is whether the Bucks County Board of Assistance (CAO) committed agency error in denying the request of Elizabeth Dempsey for a retroactive one-time grant of cash assistance benefits for herself and her minor daughter.
In a case such as this where a petitioner is seeking a retroactive one-time grant of assistance, a finding
The husband, wife, child (except as hereinafter provided), father and mother of every indigent person, whether a public charge or not, shall, if of sufficient financial ability, care for and maintain, or financially assist such indigent person. . . . (Emphasis added.)
That language, coupled with the mandates of The Public Welfare Code (62 P.S. §101 et seq.) requires the Department of Public Welfare (DPW) to grant assistance only to those persons who are without sufficient resources to maintain themselves. One of the considerations relevant to DPW’s inquiry into the potential resources available to persons applying for assistance is the legal responsibility of relatives whose income and contributions to the applicant must be explored before benefits are granted.
The record discloses that the hearing officer’s decision was based solely upon Dempsey’s failure to provide that financial information requested relative
One becomes eligible for public assistance “subject to the rules, regulations, and standards established by the department, both as to eligibility for assistance and as to its nature and extent. . . .”
Accordingly, we
Order
And Now, this 16th day of August, 1979, the order of the Department of Public Welfare dated June 16, 1978, denying Elizabeth Dempsey’s application for back monies due herself and her minor daughter is affirmed.
Dempsey testified that she was separated from her husband in March, 1974.
Act of June 24, 1937, P.L. 2045, as amended, 62 P.S. §1973.
Section 432 of The Public Welfare Code, 62 P.S. §432.
DPW-PA Manual §3511.334. This provision is now found at 55 Pa. Code §125.21 (a).
Rather than describing the applicant’s denial of benefits as caused by a “voluntary withdrawal,” we believe that “failure to keep appointment” better describes DPW’s reasons for the denial. See DPW-Manual, 55 Pa. Code §225, App. B (Reason Codes).