90 Pa. Commw. 499 | Pa. Commw. Ct. | 1985
Opinion by
This is an appeal by Mary E. Rowe from an order of the Department of Public Welfare (DPW) affirming the decision of the Cumberland County Assistance Board which denied her request for a one-time grant of $285.29 to reimburse her for automobile repairs. The vehicle in question was necessary so as to allow Ms. Rowe to travel to and from job training classes.
(c) Grants to decrease need for assistance. Grants to decrease need for assistance will conform with the following:
(2) Nonrecurring one-time grant. A nonrecurring one-time grant may be authorized for an allov/anee to meet the actual minimum cost, subject to the specified maximum 'allowances, for any of the following items provided an individual shows that these items are needed in order to apply for or to accept employment or training which will result in decreasing or preventing his need for assistance. ... The eligible items are as follows:
(iv) Only the actual cost of repairs on the automobile of the client, not applying to WIN, the actual cost of an automobile, a down payment on automobile, subject to a maximum of $200 plus the cost of state inspection fee, automobile license plates, and driver’s license if there is no other means of transportation to a job or training or the job requires the use of an automobile.
An administrative agency’s interpretation of its own regulation is entitled to controlling weight unless
Ms. Rowe also argues that 55 Pa. Code §175.23(c) (2) as interpreted by DPW, is inconsistent with federal law and is, to the extent special grants are limited to a nonrecurring one-time basis, therefore, invalid. Specifically, she contends that the DPW regulation offends Section 401 of the .Social Security Act, 42 U.S.C. 601 (1982). We disagree.
Our review of DPW regulations is limited to a determination of whether or not they .are reasonable. Kratzer v. Department of Public Welfare, 85 Pa. Commonwealth Ct. 318, 481 A.2d 1380 (1984). 42 U.S.C. §601 provides that one of the purposes of the Aid to Families with Dependent Children (AFDC) program is to encourage the care of dependent children in their own homes by, inter alia, helping the parents of such children attain or retain the capability for maximum self-support and personal independence consistent with the maintenance of continuing .parental care and protection. See also Shea v. Vialpando, 416 U.S. 251 (1974); Department of Public Welfare v. Gilmore, 25 Pa. Commonwealth Ct. 406, 360 A.2d 846 (1976). We are convinced, however, that federal law does not require DPW to subsidize every expense of a recipient undergoing job training or attempting to retain a job. The federal courts have recognized a legitimate state
For the foregoing reasons, we affirm DPW’s order denying Ms. Rowe a second ¡one-time grant for automotive purposes.
Order
Now, March 25, 1985, the decision and order of the Department of Public Welfare, No. 24702, dated November 17,1983, is hereby affirmed.